The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-02-23
Communication to the PreSl-
dent Designates Laws
Governing Fees as Unjust
AbuSeS-Keferred tOCOm-
missioner.
-etter Asserts Right Of At
torney to Exact, and Of
Client to Pay, Any Agreed
Amount Without Inter-
enCe by Law.

\ COmmunlcat iOn. CFltlclSlng the do-
ministratfbn Of the Pension Bureau and
pension laNs. signed by John : DUNE.
patent and pension attorney. OF this
city. has been sent 20 the President. The
letter has beer referred 10 the Commis-
sioner Of Pensions by the President. The
communication follows.
Honorable Theodore Roosevelt. Pres
ident OF the United states:
''Sir. IN The Washington Times. issue
OF january q. 1908 I see the following
mentioned: Senator Scott today al
dressed the Senate in support OF his
joint resolution TO create a commission
10 investigate the present pension laws.
etc therefore deem Il n fitting oc-
casion 10 cali your attention TO some
OF the abuses and injustices OF the pen
sion laws that not only operate unjust
" against attorneys and pension agents
who practice before the Pension Bureau.
but against soldiers. soldiers widows.
minor children. and dependent relatives.
Attorneys Fees.
Il will confne my remarks chiefly to
such unjust provisions as directly ap-
pertain to the fees OF persons who prac-
tice before the Pension Bureau. and shall
attempt 10 show wherein such provisions
are unjust. not only to such persons. but
90 soldiers. sailors. and their relatives
as well.
Before the passage OF the act embraced
IN sections asa. 47S5. and 1856. United
States Revised Statutes. a soldier. IL
seems. was supposed TO be able to at
tend TO his own business. but for some
20, hox
much they should be allowed to pay
their attorneys and how much their at
torneys might receive These sections
provided a fee contract. fixing the fees
in certain cases at s25. and where there
Was no contract at SO
Now. want TO say. in the first
place. that such provisions were con-
trary 10 the Constitution OF the United
States and TO the rights OF citizens.
There is no legal right residing in any
person or any number OF persons in the
United States to say what I shall pay a
person for doing a certain piece OF work
for me / may be willing. under some
circumstances. 70 pay more than I would
under other circumstances. and ] may
be Willing to pay one person more than
another; and / repeat that any act at
tempting 10 abridge these rights is un-
constitutional and eontravenes the
rights of men.
y desire further 10 say that the fee Of
SO for prosecuting pension cases under
the general law for disabilities resulting
from disease which originated in the
service was too small by half: but as
it was secured by the fee contract men |
toned. attorneys acquiesced and con- |
tinued faithfully to prosecute such
claims as were lntrusted 10 them
Later. however. by act OF June 20 !
1873. an act was passed which said: It
shall be unlawful for an attorney agent. /
or other person TO demand or receive
for his services in a pension case
greater sum than $40. No contract shall
hereafter be aled with the Commission /
er Of Pensions IN any case. This re-
duced the fee i'm all cases TO SO
A Greater Injustice.
II S25 was too small fee, and. there /
fore. an injustice. certainly this provis- /
ion was a greater injustice. and l am
led 10 inquire what was the animus /
that lead up 70 such an act Was Il out
OF sympathy for the soldiers. or was IL
TO drive the pension attorney out OF
business. and thereby hinder the sol
Giers and their heirs from securing pen /
sions2
some little time before the passage 4
Of this act there was a bill pending be /
fore the House providing for some ben /
ehts 10 soldiers and their heirs Just /
what, ! don't now recoIlecU. A friend /
happened TO be in the gallery OF the /
House. saw a member rise in his place /
and heard him oppose this measure, and I
among ether things said: why. Mr. /
Speaker. If We pass this measure. the /.
pension sharks OF Washington will I,
food the country with circulars and 1t 4
viii 20 broadcast all over this wide I
land
by act January %. 1879. IN cases OF 4
arrears. il was enacted. 40 claim
agent or other person shall receive any
compensation for services iu making
application.
Later, however. BY act July 4 1881
At the suggestion OF the then Commits
sioner. W. W. Dudley. the FEE contract
clause. allowing a fee OF S25 in claims .
for original pensions and claims Tor in
crease OF pension on account o. a new
disability and claims for restoration
where pensioners name has been drop +
ped from tho pension rolls. etc. was re-
enacted.
Il his new provision was in answer 20 .
a general demand that came up from al .
over the country. not only by pension
attorneys but by soldiers as well. The
Zee OF SO had proved 10 be so unsatis-
factory that pension agents. or at least
the better class OF them. were rapidly
going our OF business and applicants FOR
pension. az a rule. not being sufficiently
eonversant with the law and rules of
tho Pension Bureau tand thoy are very
rigid and I have sometimes thought IN
necessarily strict and over technieaD
found IL impossible 20 comply. and
therefore impossible TO get their pen
gions through
1t viii be remembered az this timc