The National tribune. [volume] (Washington, D.C.) 1877-1917, 1903-04-09
THE NEED OF PENSION ATTORNEYS.

Commissioner Ware, having his atten-
ton called to an editorial in The National
Tribune, as to the usefulness Of attorneys
to pension claimants, and to the Pension
Bureau, said to q representative of the
paper:
at is not my business to criticise the
acts Of Congress, but to carry out what
il orders me to do.
Concerning the question of attorneys
fees for pensioners, l will say that l have
noticed heretofore what you now call my
attention to, and L have received many
letters from old soldiers and others con-
corning the question. Not only does the
act of Feb. 20, 1903, provide that there
shall be no fees or any compensation for
services regarding it, but other important
acts have contained the same restriction.
1T would look to me as if an old SOL
der had the right to employ somebody to
assist him. If an old soldier is i'll or
feeble or temporarily disabled it would
look as if he had a right to employ some
person to transact his business with the
Government, the same as with anybody
else. 1t seems to be as il this were q
constitutional and inherent right of which
Congress could not deprive him. 1t is
true that Congress may regulate the en-
| joyment of right, but it would seem to
me as if pensioner had such a strong
natural right to employ others to assist
him that prohibition by Congress would
be unconstitutional and void.
''On the other hand, it may be that
| Congress has the power, when it gives a
gratuity, to say that the person shall NOT
| pay for assistance. If the pension is 70
be regarded as a mere beneicence perhaps
Congress has the right to say to the bene-
| ficiary that he shall not pay anybody for
necessary help; nevertheless it looks to me
as if person over q years of age had an
inherent right to contract, and that the
law could only 90 SO far as to fix legis
latively what was reasonable compensa
| ton.
Congress might say that a soldier
should have 160 acres of bounty land, bu,
that he should not take q railroad train
to get to the land, but must walk the
whole distance to it on foot.
Congress might say that an old soldier
might have the benefit of soldiers home
but at the same time make it a crimina
offense for anybody to help him get there
Congress might say that none Of tn,
pension money should be paid to the at
torney or agent who assisted the pen
sioner.
But if the pensioner should happen tc
have some other money of his own not
derived from the Government it would BIZ
somewhat difficult to hold that the bene
fciary within reasonable bounds NIGH
not use some of that other money to EN-
ploy assistance; nevertheless, the acts Of
Congress now are such that he cannot
and they make it a criminal offense fol
any person to receive money whatever
from the pensioner. no matter from what
sources derived, to pay for any assistance
except such as is permitted by the United
States, and that identical money must bt
paid by the United States itself tbrou oil
its own agencies to the person entitled
to receive it, and then it must be taken
from the pension granted.
II believe that in recognition of thu
rights of an old soldier as citizen and az
an individual capable of contracting
would change the law, il had the power
BY fixing q low compensation and giving