Evening star., 1869-10-09

n.
pears % have arisen upon the "sddiuonaI
bounty" act OF July b, 1895. and the rules and
regulations prescribed BY the Secretary Of Wal
under the 18th section OF that act "a Stat, 3s3.
tary. had "no legal authority to exclude au.
thorized attorneys and agents from collecting
oo1ntise, and that IN the presentation and
act BY attorney" This was n pns upon Ss ~
ground, that the act contained no pro Wis ION
ettner expressly or impliedly requiring the
son; tina, Whenever right to % be- assers.S r. oI on
recovered does net from its very nature re.
quire the actual personal tnterposition OF Che
parry interested, the right Of substitution ne.
cefsarily prevails; that the denial Of this righf
70 claimants for bounties would lead to great
inconvenience. and in many cases defeat the
purposes Of the act grentfng thems and thai
no intention on the part Of the legislature to
require every claimant TO make claim In Der.
son, and collect the money In person, could be
inferred from public policy, since Congress
tion Of claim agents to be lawful, as by reou,r. q
Ing them 70 take An oath Of allegiance; (i2 Stat
6lO3 by making them the objects of special
sOa s Ssa ls and Sy the
~ eer1in cases, (12 Stat, 56e; IL Stat., 3s9; IA
That opinion goes to anirm the general risA.
OF claimants 70 transact their business with the
department through the medium of claim
egents, where nor restrained BY etatute, to.
gether with the corresponding general right Of
the business which Is entrusted to them by their
principals Of, the correctness Of this view
there can be no doubt; and, as general rule,
the Secretary Of War cannot preclude the pos.
SCISSORS OF these rights from the enioyment OF
them. -
But the point now presented is, whether.
notwitnstandine all this, the Secretary may in
his discreation decline to recognize an agent.
or suspend the transaction of business Win
him, for 'sfrauds and fraudulen practices', bv
such agent In the prosecution Of claims before
In my judgement 1t is entirely competent for
the Secretary 10 adopt this course, under those
circumstances, as . measure for the protection
OF the public interests committed to his charge
He 10 not bound to recognize or to do BUSINESS
with any claim agent who 10 known to have
perverted Shis vocation for the purposes of
reasonable degree of confidence can not be
placed IN his integrity and honesty in dealing
with the government In the adjustment and
payment Of claims upon the United states, and
especially OF pension and bounty claims, where
the forms and modes prescribed for establish.
ing them are % liable to abuse, the respou 81 :.
olllty Of public onieer is necessarily very
great, and he cannot, under the weight Of this
respon sibility. fairly be expected 70 transact
business with an agent whese past conduct
throws . suspicion upon the gen uiness Of every
in " hose statements he can repose no reliance
Whatever. Under circumstances of this kind
ne may, think. very properly decline to ex.
pose tne interests OF the government as also Of
dishonest schemes and devices. Such, am
informed, has long been the practice of the de.
partments, and 1t IL founded upon the very
necessity that exists for its adoption in admin.
istering the laws relating to the settlement and
payment OF claims upon the government as q
safeguard against fraud.
necessary Limitation upon the right of a party
TO be represented by an agent, and to select
the agent by whom he will be Represented,
that he shall not employ a person Offensive
or dangerous TO the other party with whom
ne Is TO deal. Thus he would have NO right
TO send thief requiring special precautions
70 avoid the loss Of property: nor a person
wnom the other party has reason 10 believe Is
seeking TO defraud him. On the other hand, an
attempt By an agent to deceive or defraud his
Pr s.p: T. sS e.y assnx nYlse Of
agency and IL the Government shonid after
wards continue to deal with such an agent il
The Secretary OF War Is not however, IN
vested with any authority over the professional
conduct OF clam ageats, for the correction of
mere private grievances, corresponding with
that possessed by the courts OF law over attOr.
neys practicing therein. The relation between
the latter Is an o6hcial one and from this is de-
rived the summary jurisdiction which courts
exercise over their attorneys. But as between the
departments and agents prosecuting claims
before them, NO Official relation exists; and
accordingly the Secretary can derive no such
authority from that source, and none Is con.
ferred upon him by any statute that has come
under my notice. ] may observe that power
agents
has been given the Commissioner Of Patents
by the 9Th section Of the act Of March I'd, 1861, 2
Stat, 24I, which provides that "tor gross mis-.
conduct" he may "refuse to recognize any per-
SON as patent agent, either generally or in any
particular case, !" subject TO the approval Of the
President. Bot from The nature Of the business
transacted before the Commissioner, the mis-.
conduct Of patent agents cannot pnejudice the
pecuniary interests OF the government, but only
the rights and interests Of individuals; 20 that
the provision Just cited could have been passed
refuse the recognition Of such agents where the
subject Of compliant 10 In the nature Of a pri.
vate wrong, and where he might not be justified
Of tRs public SS.n, q the
For the latter purpose, certainly, no statutory
authority was needed.
deem it unnecessary, in stating my views
upon the other branch OF the subject presented
to me, to enumerate the various allegations con.
tanned in Colonel Dodge's report against the
parties named In the before. mentioned order.
They appear TO be 50 numerous IN majority OF
the cases, and Of so grave character In all,
that, coming as they do through the medium of
an ofhcial report made by an officer specially
assigned TO the duty of investigating the sub.
lect.matter to which they relate. 1 cannot but
regard them as abundantly sufficient to war.
rant the course pursued BY you for the protec-
tion Of the interests OF the Government. But
there Is an obvious propriety in promptly fur.
nlshing the parties concerned with the charges
resting against them, and allowing them an
early opportunity to be heard in their own
Immediately make them the subject of judicial
inquiry. This the ordinary principles Of jus
tice would seem to require. =.
While upon this subject may also add, that
where frauds have been committed or attempt.
ed to be committed upon the Government by
agents, or through their aid and assistance, BY
means Of fictitious claims and other devices,
the statutes enacted for the punishment OF
such offences ought TO be enforced against
them, il practicable. So, also, where the pro.
visions contained in the pension and bounty
acts, designed for the protection OF claimants
against the cupldity and oppression Of their
sgents, have been violated, the guilty parties
ought 70 be brought TO justice. II is not enough
simply to withhold from them the opportunity
to perpetrate further offences; they should be
made, II possible, 70 suffer the penalty lmposed
BY law for their past misdeeds.
Since the Inference Of this MAYER here, a
number Of papers have been submitted by one
OF the aforesAid pAfties BY way OF explanation
Of the charges against him: but have not
given them examinasion, inasmuch rs 90 not
desire TO pass upon the facts on wh,ca the
These papers are enclosed herewith. in
package marked IA " ] also sucloss Q paper
con pEaining q statement and arHnmsnt which
has been submitted 70 me BY counsel repre-.
senting another Of the parties. 70 me REMARKS
ana suGSesttens contained therein especially
invite your attention. This paper IL marked
Presumiss thastne visws which I have here
the honor 70 communicate 70 yol will b Q
sumclsnt answer TO your request, return the
Documents which accompanied your letter.
am, sir, with great respect, your obedient