New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-01-06
NATIONAL CAPITAL TOPICS.
THE CASE OF EMMA H. GELsToN.
.ur SECRETARY OF THE INTERIOR ON DIsbARMENr
FROM PRACTICE.

Rure
FROM PRACTICE.
u.suxcroy. Jan. 5.-The decision OF the
...,a,orv of the Interior in the case of Emma IL.
CO,ston a pension attorney of this city, VINO was
Saoo,rmended for disbarment by the Commissioner
sponsions has been made public. The Secretary
ed that the evidence does not prove an intentonai
sroud nv the defendant in filing claim ior DOM
fo,ber and mother as il was shown TO MS satihlac
,;on that the double filing arose from cIerlcai
error and that a double fee was not exacted py the
+tornev IL was also charged that obJectlonaple
circnIars were used, but the Secretary mas Inao
tbev were sent by the respondent more than TWO
years ago. and that they were withdrawn long oeioIe
any stems were taken either to suspend OF dlSDn
her and before complaint had been made. lhere-
Gore he is of opinion that her offence is not such as
will iustfy the harsh and, TO her. disastrous course
otdisbarment. The circular now in use by re-
spondent in effect sOlicitS claims on account oi
"solders who did not Intentionally desert" While
the language quoted is not the best, ana might
readily be improved upon so as to convey more
clearly and unequivOcally the purport and intent
of the law. il does not present such objections as
,rould iustify Departmental interference.
Tnon the general subject of diSbarment Secretary
Teller saws: "Whlle it is the duty of the Depart
ment to protect as far as possible all cluzenS
AGAINST extortion of parties practising before the
Department as well as to protect the GoVerhihehO
by seeing that dishonest and corrupt persons
do not appear before the Department as
attorneys or claim agents, yet IL hiu9V
not be overlooked that the agent represents persons
whose interests will be injured by the dlsoarmenI
of the attorney agent, and TINS is eSpsclallS
true in cases of pension claimants who' having
paid the fee allowed by law, will be compelieu U"
employ another attorney. who VIII IN tlhe also nc
uand the fee allowed by law, thus competing then'
60 no,, the double amount in addition to the delay
that must ensue in consequence Oh Vne
emnlovment of a person not familiar with
the case. The employment OF aho'nel
attorney will also add largely to the work OF the
Pension Office: vet this objection should not govern
or control the case if the evidence satisfactory
f the uutness of the agent attorney to pTactlse
before the Department The right to practise De-
fore the several departments of the Government as
AGENTS of sutors Is right of which citizens cannot
be deprived except on proof OF then
unftness for such employment IL Is
a propertv right that cannot be destroyed
Inv tbe exercise of arbitrary power on the part OF
f6e head of department. If II is alleged tnaU SuSh
agent Is not proper person TO appear before the
Department the rule requires that charges De Iorn
ualed and presented TO the agent ana II lhe agent
does not make satisfactory explanations disoar-
mont followed. The proceedings IN cases OF unls
character in respect 20 the evidence required. are
analogous TO cases Tor the dlsOalhenl Vi dl'olHo's
IN courts of law.
The head of a Department cannot dlsbaT an
agent because he is ignorant or offensive 10 MN,
nor because his methods of conducting MS business
are moi I'm accordance with the highest ethics Oh the
legal profession nor because he resorts TO flaming
advertisements describing his professional quaIlI-
cations i'm the manner of the vendors OF patent med
iciue nostrums. All these matters OF taste win
" Itch the Department has nothing to do. II the
agent violates the statute he may bepunshedl III the
courts If he defTaudS the Government or attempts
so to do OF deirauds his client attempts so to DO,
the head of the Department is authorized then 10
refuse TO recognize him not only III the case IN
which his fraud was committed OF attempted, but in
any other. But this must he done on evidence and
moi on ex parte charges, to which the accused has
NOT been allowed correspond. PrOpertynghts OF this
character cannot be destroyed except upon clear
proof" ,--...-..
Chief Justice Marshall aud other authorities are
cited by the Secretary in support of his decision on
this point.