The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-05-05
UNITED STATES PENSION LAWS.
Comprehensive Digest Of Pension Legislation From the Founda.
ton Of the Government
Copyrighted. 1904. By THE NATIONAL TRIBUNE.
INCREASE AND sPEc1AL-AcT CASES.
he act of March 3, 1891, provides:

INCREASE AND SPEC1AI-ACT CASES.
The act of March 3, 1891, provides:
That hereafter no agent or attorney
shall demand, receive, or be allowed any
compensation under existing law exceeding
81 in any claim for increase of pension on
account of the increase of the disability
for which the pension has been allowed,
or for services rendered in securing the
passage of any special act of Congress
granting Il pension or an increase of pen
sion in any case that has been lbefOre
March ), 1891, presented at the Pension
Office or is allowable under the general
pension laws: And provided further, That
any agent. attorney, or other person instru-
mental in prosecuting any claim for in
crease of pension on account of the in
crease of disability for which pension was
allowed. or who has rendered services in
procuring the passage of any special act of
Congress granting a pension or an increase
of pension in any case that has been pre-
scented at the Pension Office or is allow
able under the general pension laws, who
shall. directly or indirectly, contract for.
demand, receive, or retain any compensa-
ton for such services. except as herein
before provided, shall be deemed guilty of
miSdemeanOr, and upon conviction thereof
shall, for each and every such Offense, be
fined not exceeding $500. or imprisoned not
exceeding two years. or both, in the discre-
ton of the court Provided, however, That
the foregoing provisions in relation to fees
of agents or attorneys shall not apply to
any case now pending where there Is an ex-
listing lawful contract, express or implied"
This act SO far as regards special act
pension cases, does not apply to any case
in which no application was presented at
The Pension Bureau till after March 2.
1891, nor to any case Of a character not
allowable under any general pension law.
as, the parent of an adopted child, claim
ing dependent parents pension. or. n help
less child over is when it's father, the SOL
der, died, and the like.
In special act pension cases which do
not come under the act of March 3, 1901.
above, the matter of fee and terms of pay
ment, SO far as relates to services before
Congress, are subject to agreement between
claimant and attorney. If the attorney
appears i'm the case at the Pension Bureau
by power Of attorney in the interval be-
tween the special act becoming law and
the Pension Bureau adjudication in accord
ance with the special act, fee of $40
will be certified under the fee act of July
!, 1884. This fee is irrespective of what
the attorney has received or is entitled to
receive, under his agreement with claim
ant. for his services before Congress.
The pension appropriation act of March
10. 1909, provides:
That hereafter 10 pension attorney.
claim agent or other person shall be en-
titled to receive any compensation for sprv-
ices rendered in securing the introduction
If bill or the passage thereof through
Congress granting pension or increase of
pension: and any person who shall direct
~ or indirectly, contract for. demand. re-
ceive or retain any compensation for such
services shall be deemed guilty of an Of
Tense. and upon conviction thereof shall.
4 L
not exceeding 500 or imprisoned not ex-
ceeding two years. or both, in the discre-
ton of the court.
Ii will I've seen that this law relates
simply to alleged Influence in getting n
private pension bill introduced in Congress
or in securing consideration thereof: that
is, lobbying" for it's consideration. A
fee for legitimate services in preparation
and presentation of the ease for the con-
sideration Of Congress is still lawful
INCREASE or MEXICAN WAR PENSION.
4 decision rendered September 90
1902 12 /. d.. 525). holds that the claims
for increase Of Mexican War survivors
service pension, under the act of January
,, 1893: are not to be regarded
as ''claims for increase of pension
Oh account of the increase Of the disability
for which the pension has been allowed, >
and that, therefore. the attorneys fees in
such cases is SO Gnstead of 81 as hereto
fore. and in cases Of unusual difficulty
| and trouble a greater fee. hut not exceed
ing 500. may he allowed if contract there.
for be filed with the Commissioner of Pen
siOns.
RERATISG OF MEXICAN WAR PENSION.
\ decision rendered March II. 1902
% =. d., 221). holds that the attorney of
, record in Il claim for rerating of Mexican
War SnrviynrS' Sarvisa nanSinn iin.raO en-
allowed under the act of January 5, 1893
not having been commenced from proper
date) is entitled To a fee-the proper fee
being $40. as specified by supplemental
decision May %, 1902 mot reported).
ACCRUED PENSION.
BY decision of August 8. 1900 on +. D.,
40. it is held that the statutes con
corning attorneys fees i'm pension
claims do not extend to the applca
ton of widow or children for accrued pen
sion of Il deceased invalid pensioner, and
that the amount of fee and terms of pay
mcnt are subject to agreement between
the claimant and attorney.
DIVISION OF PENSION
The fees of attorneys employed in APP
plications for division of pension under the
act of March }. 1899, or in the contest of
such applications, are subject to agree
IneHt DelWecH u" attorney ana his client.
it being held 90 L. d.. 4O3.) that the
compensation Of an attorney in these mat
tiers is beyond the jurisdiction of the
Pension Bureau or Interior Department
except in ease of abuse or misconduct on
the part of the attorney.
CLAIMS OF ARMY NURSES
The act of August :. 1892, provides:
Sec. =. That no fee, compensation. or
allowance shall be paid to, received. or
accepted by any agent. attorney, or other
person instrumental i'll the prosecution of
any claim for pension under this act"
RESTORATION OF REMARKED WIDOWS.
The act of March 3, 1901, authorizing
the restoration of certain remarked wild
ows to the pension roll, contains the fol
lowing provision:
Sec. =. No claim agent or other person
shall be entitled to receive any compensa-
ton for services in making application for
pension under this act"
DIREGrioN OF PAYMENT.
Section ;A1SJ, Revised Statutes, as
amended by the act of July 4, 1884, pro-
yides:
NO agent or attorney or other person
shall demand or receive any other COM
pensation for his services i'm prosecuting a
claim for pension or bounty land than
such as the Commissioner of Pensions
shall direct to be paid to him. not exceed