The National tribune., 1904-04-07

turned i'll acknowledgment Of the receipt
of such letter; or, third, an affidavit show
ing that on certain day and at a GER
tain place Il copy of the appeal was per-
Sonally delivered to the appellee or his
or her attorney of record.
Appeals In this class of cases unac-
companied by due proof of service or n
satisfactory reason why personal service
cannot be made will not be filed.
docketed. or considered. but will be
promptly returned to the appellant. or his
or her attorney of record, for compliance
with this rule.
RULE Is.
Appeals from Bureau action in eases
under the first, second. and third pro-
visos of the act of March 3. 1899, when
accompanied by due proof of service of a
copy thereof upon the appellee, will be
filed, docketed. and numbered. and the
Bureau of Pensions, the appellant, and
appellee promptly notified thereof. The
appeal will operate to. suspend further
payment of the One-half pension in con-
trOversy until n decision shall have been
rendered therein by the Department, and
the appellee will be allowed thirty days
from the date of filing and docketing the
appeal in which TO file an answer, brief.
or argument in opposition to the appeal
or in support of the Bureau action ap-
pealed from.
| Appeals from the Bureau action in
eases under the first. second, or third pro-
viSos of the act of March 3. 1899. should
be confined to eases under that act. and
not joined with an appeal from action in
an invalid claim or claims under other
acts of Congress. and when perfected by
due proof of service of copy of the
appeal upon the appellee. as required by
Rule IL, should be addressed to the Sec
rotary Of the Interior. This appeal should
| state the post Office address of the appel
liant and appellee, and the certificate num-
Der and the service company and regi-
ment. etc. Of the pensioner. and should
briefly, but specifically, state the error
of law or fact complained of and the
grounds relied upon for reversing or mod
flying the Bureau action appealed FROM
| No additional evidence upon the merits
of the claim should be filed by either ap-
pellant or appellee, or considered on ap-
peal.
| RULE 90.
| When. after appeal in cases under the
first. second, or third provisos of the act
of March 3. 1899, the case is rcmanded
to the Bureau for further action. read
judlcatiOn. and report, and the bureau re-
ports that the action appealed from is re-
coded from or that the contention of the
appellant is conceded to he well taken,
the appeal will be dismissed and the APP
pellee will be entitled tn thirty days in
| which to appeal from the adverse Bureau
action. during which period suspension of
controversy will be continued unless the
| right of appeal is sooner waived by such
appellee.
All rules and orders heretofore pro-
mulgated inconsistent with the foregoing
are hereby abrogated.
RULES OF PRACTICE BEFORE THE COMMITS
sIoNER OF PENSIONS.
Note.-The following rules have been
/ in force since January !, 1880:
RULE /.
4 person appearing Of record in this
Office as having complied with the require
| ments of the regulations prescribed by
the Secretary of the Interior for the recog
milton of attorneys or agents for claim
ants before the Department Of the In
| terror will be held authorized to prose-
cute any claim for pension on fling
power of attorney from the claimant.
RULE 2.
The written consent Of claimant is
declared essential to valid assignment
of an attOrneyslip or agency from one
| attorney or agent to another; and the as
signee shall file in each and every claim
| covered by the assignment the consent
herein provided for, as well as schedule
| Of all claims assigned, which schedule shall
| set out the name of claimant, regiment,
| company, number of claim, and the char
acter thereof.
RULE 3.
No attorney or agent shall have power
| to make a valid assignment Of any claim
| in which he has been recognized for the
purpose of prosecuting the same, even
with the written consent Of claimant, ex-
| cept he be at the time of such assignment
and of the consent, in good standing as
| practitioner before this Office.
RULE 4.
No power Of attorney purporting to be
executed by q claimant will be recognized
| as a good and valid authority unless the
| same be signed in the presence Of two
witnesses and acknowledged before an Of
| icer duly authorized to administer oaths
| for general purposes, whose official char
| acter is certified under seal.
| RULE 3.
| No fee contracts filed under the act of
July 4. 1884, will be recognized as valid,
or payment of fees made Hereunder, I'M
| less the signature Of claimant to the con-
| tract is witnessed by two attesting wit
/ nesses, and claimants acknowledgment
thereto is before some officer. duly au-
/ thoriZed to administer Oaths for general
purposes. whose official signature must
be certified under seal. Commissioners
ruling in re Bellcr, October q, 1850
| RULE 9.
| Articles of agreement i'm claims for
bounty land will be filed in duplicate, and
when the claim shall have been allowed,