Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-07
Pension Attorneys Fees.

To the Editor Of The Evening Star:
1t is evident that there is widespread
Misrepresentation Of the general character
of the business of prosecuting pension
claims. It is also clear that the recent re-
markable utterances Of Commissioner
Evans do not tend to correct the error,
but have the contrary effect 1t therefore
occurs to me that a brief statement OF
facts showing the statutory and depart
mental restrictions -turder which pension
attorneys transact their business may be
of some public service
In the first place, before any person can
be recognized as an attorney In any pen
sion claim. he or she must furnish evil
dence, satisfactory to the Secretary of the
Interior, Of good moral character and rep
utation and of qualifications which enable
him or her to render valuable service to
applicants. Then, before Issuing any print
ed advertisement whatever, such matter
must be submitted to and approved by
the commissioner of pension, Should an
attorney refuse to comply with this re-
quirement, land publish advertisements in
any way Objectionable TO the department,
he Is subject to .disbarment from practice.
The regulations as to fees are about as
stringent ase can be made. A large pro-
portion Of claims are rejected, and in such
cases the attorney is prohibited (under
heavy fine, or imprisonment, or both) from
receiving any fee whatever, even though
it be freely offered him, as is done In many
cases. In no claim, whether 1t be rejected
or allowed, can the attorney receive any
fee direct from the applicant. The law
requires that all fees be paid by the United
States pension agent who pays the pen
sion, and only upon the order OF the COM
missioner.
The exorbitant fees charged by those
"pestiferous va1mints'' who call them
selves pension attorneys are as follows;
In simple increase claims, 81; in original
claims under the act of June 81, $780, (and
ri ma "
of allowances during the last seven years.,
so is the maximum; in much less num-
erous class of claims-those in which death
or disability is proved by complete chain
Of evidence to be due to the service-the
lawful fee is $25, provided the applicant
voluntarily signs duplicate fee agreements
in the presence Of two witnesses and a
filed the fee is SOD
The temptation to illegal practices is
not very great, when one considers the
risks By every illegal act the attorney
invites the loss of his entire claim busi-
ness, and the loss Of his liberty as well.
The cry Of wholesale rascality absurd on
its face. is amply dsproved by the statis-
teal tables of the commissioners annual
report. That document shows that during
the last fiscal year, out of the whole num-
Der of attorneys Ghe commissioner es-
Inmates the number at $4,000 only twenty
there are almost 1000, 600 pensioners and
several hundred thousand others apply
ing for pension, only 135 persons Gnclud-
ing applicants. attorneys and witnesses)
were convicted Of criminal acts. Is there
any line of business that can show a small
er percentage of dishonesty?
These rare cases of fraud which have
been discovered here and there, are be-
ing exploited in the papers, under dis
play head lines, in such a way as to Gre
ate the impression that the whole pen
sion system IS honeycombed with fraud.
But that illusion can be readily dispelled
by reference to the official statistics.
Here 1 might observe that nothing has
yet been said about those worthy appli-
cants for pension who are the victims not
of attorneys. but Of government officials
examining surgeons, special examiners and
others. I think it may safely be said that
the percentage Of honesty is quite as large
among pensioners and their attorneys as
among the sworn officers of the govern
ment. L. HEININGER.
January 5. 1898.