The National tribune., 1900-11-01
DEPARTMENT AND
CONGRESSIONAL NEWS.

ATTORNEYS FEE - ACCRUED
PENSION, ACT OF MARCH 2, 1885,
In the matter of accrued pension of John
G. Hobson, deceased, it is held asst Sec.
Campbell, Aug. 8, 1900 that IAN agent or
attorney rendering services in proceedings
under the act of March 2, 1895, in behalf
OF a person entitled under its provisions
70 the accrued pension on a certificate of
pension OF a deceased pensioner, must
look TO the person by whom he is en-
ploy ed for payment for his services. Case
of Geo. Aab @ p. D., 377) is oyerruled."
The Pension Bureau refused to certify or
allow fee to the attorneys on the ground
that he performed no material service
In the premises" The decision SAYS:
''Such ground is untenable, since they rem
dered all service necessary to secure pay
ment of the accrued pension. The Ques-
ton arises whether your Bureau had any
thing whatever to do relative TO the mat
ter of compensation for services in prose
cutting such application. In other words,
whether such compensation is not a mat
ter solely between the applicant for the
accrued pension and her attorneys.
Unless by law of Congress your Bu-
reau is charged with some duty in such
matter it has none to perform therein.
Neither the act of March 2, 1895, supra,
under which this application for the pay
ynent of accrued pension arises, nor any
tions and of the act of July 4, 1884
t23 Stat, 9SJ, contains any provision rela.
tive to the compensation of an agent or
attorney for services rendered in secuf-
ing payment of such pension. The ques-
ton whether those sections of the act Of
July 4, 1884, make provision for and con,
troll the allowance and payment of a fee
In such case depends upon whether such
application is a claim for pension with
IN the meaning OF said sections.
in the matter of the application for
payment of the accrued pension of George
Aab % =. D., $40. the Department held,
in effect, that proceedings for securing
such payment under the act of March 2,
1895, constituted a claim for pension with
In the meaning of sections and of the
act of July 4, 1881.
''In the later case, however, Of Margaret
Il. Davis 90 J.. D., 403), being an appIi.
cation by the deserted wife of pensioner
for payment TO her, under the act of
March i. 1880 go Stat, 1879, of one-half
OF the pension accruing to her husband.
the Department held, generally, that the
words claim for pension, as used in sec
tions and 4 of the act of July 4, 1884,
refer to the assertion Of a right to have
g pension allowed to the claimant In his
or her own right, under some law of Con
gress granting a pension, and, specifically,
that the amount and method of making
payment of the compensation of agents or
attorneys for services in prosecuting an
application for the divided payment of
pension under the act of March 3, 1899.
are not controlled by sections 3 and OF
the act of July 4, 1884, and are matters
of agreement and adjustment between the
parties, over which, in the absence Of
abuse or misconduct on the part of the
agent or attorney justifying disbarment,
the Commissioner of Pensions has no au-
thority.'
1.-The case Just cited and quoted from
Is similar to the one at bar in all essen
tial particulars, and the decision in the
former is therefore of controlling authori-
ty In the latter.
1.-THE act of March 2, 1895, like the act
of March 3, 1899, does not make grant
of pension. In its application TO such case
as is here presented the former act relates
exclusively to payment OF the pension else
where granted and has nothing to do with
the prosecution of the claim for pension, >
which claim was adjudicated and allowed
years ago and payment of the pension
was being made from time 20 time to the
pensioner Hereunder.
IAN entirely different case would be
presented under the act in question where
a person entitled to a pension dies hay
ing an application therefor pending and
the person entitled to payment of the ac-
crued pension prosecutes the pending ap-
plieation to completion. In such case the
person so entitled would stand In the
place Of the deceased applicant for pen