The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-05-05
vided for in the act of March 3, 1891, in
which a fee of 50 only is payable.

a., IL
which fee of 50 only is payable.
PAYMENT OF FEES.
Section 4769, Revised Statutes. as
amended by the act of March ), 1885, pro-
videS:
1T shall be the duty of the agent pay
ing such pension to deduct from the
amount due the pcnsioner the amount of
fees so agreed upon or directed by the
Commissioner to he paid where no agree
ment is filed and approved, and to forward
or cause to be forwarded to the agent or
attorney of record named in such agree
ment. or, in case there is no agreement.
to the agent prosecuting the ease, the
amount of the proper fee"
EXEMPLOYEEs OF DEPARTMENTS.
Section 100, Revised Statutes. provides:
1T shall not be lawful for any person
appointed after the 1st day of June, 1872.
as an officer, clerk. or employee i'm any of
the Departments, to act as counsel, attor-
ney. or agent for prosecuting any claim
against the United States which was
pending in either of said Departments
while he was such officer, clerk. or en-
ployee, nor in any manner nor by any
means to aid in the prosecution of any
such claim within two years next after he
shall have ceased to be such officer. clerk.
or employee"
GOVERNMENT OFFICERS.
Section 549S, Revised Statutes. pro-
vides:
Every officer of the United States. or
person holding any place of trust or profit.
or discharging any official function under
or in connection with any Executive De-
partment of the Government of the United
States, or under the Senate or House of
Representatives of the United States. who
acts as an agent or attorney for prose-
cutting any claim against the United
States, or In any manner, or by any
means, otherwise than in discharge of his
proper official duties, aids or assists in
the prosecution or support of any such
claim, or receives any gratuity, or any
share of or interest in any claim. from any
claimant against the United States, with
intent to aid or assist. or in consideration
of having aided or assisted. in the prose
cutiOn Of such claim. shall pay a fine of
not more than 5000. or suffer imprison-
ment not more than one year, or BOTH
REIMBURSEMENT CASES.
When q pension claim is being COM
pleted to obtain the accrued pension for
the reimbursement Of the person who bore
the expenses of last illness and burial Of
the claimant, or who is held responsible
for such expenses. no attorney is recognized
by the Pension Bureau and no fee is certi-
fled and paid through the Pension Agent
The determination of title to and pay
ment of claim for reimbursement rests
with the auditor for the Interior De
partment." who in general will recognize
power of attorney to the extent of for
warding the draft for payment i'm care
Of the attorney. if authority for his so
doing is embodied in the power of attorney
filed. The matter of fee is not subject TO
law or official regulation. but rs subject
solely to agreement between the reimburse
ment claimant and the attorney.
WAR AND NAVY DEPARTMENTS.
The matter Of fee in cases before the
War and Navy Departments for correc-
ton or amendment of official records, pro-
curement of certificates of honorable ser
vice i'm lieu of lost discharges, communication
of rations, etc. is not subject TO law or
official regulation, but is subject solely to
agreement between the claimant and attor-
ney.
TREASURY DEPARTMENT.
The following circular order of the Sec
ond Comptroller now Comptroller of the
Treasury dated April %, 1861 is still in
force:
Upon consultation with the Auditors
whose work is subject to the revision of
this Office, the following has been adopted
as the scale of fees to be allowed claim
agents or attorneys for the collection of
back pay. bounty, prize money. or other
moneys due from the United States to
persons who are or have been officers o,
enlisted men Of the Army. Navy, or Ma
rine Corps of the United States. or their
heirs, except in cases Of colOred claim
ants, for the collection of whose claims
the amount of fees is prescribed in section
,, act of July 81 1866, and joint resolution
No. %. approved March %. 1867, viz:
For the preparation and prosecution
of claims for, and the collection and remit
lance of, all sums not exceeding $500. IL
per centum; for all sums exceeding S2W
and less than $500, 10 per centum on the
first 500. and per centum on the re-
mainder thereof; and for all sums of SStH
and upward, 500; and said fees shall i'm.
clude all expenses incident to the colec
ton of said claims, except the expense OF
the necessary notarial or other acknowl.
edgements, which shall be betrayed by the
claimant; and any agent or attorney who
shall charge, directly or indirectly, in any
case, greater sum for his services in pre-.
pairing and prosecuting said claims, and
collecting and RENTING the amount due
shall be deemed guilty of malpractice. and
upon satisfactory evidence of the fact OF
such overcharge being presented to the
Second, Third, or Fourth Auditor. Inow
Auditor for the War Department,
Auditor Tor the Interior Department.. and
auditor for the Navy Department" re-
spectiyelyl, or to the Second Comptroller
said agent or attorney shall be suspended
from the further prosecution of claims of
any kind in Or through any or either of the
above named Offices"
The scale of attorneys fees fixed by the
Second Comptroller by the above circular
order dated April %, 1867, is no longer en-
forced in cases to which the law of June
u. 1900 applies. and attorneys and claim
ants in matters before the Auditor for the
Navy Department filed since June ). 1900
may lawfully contract for such reasonable
fees as are mutually agreed upon, and pay
mcnt need not be dependent upon success
of the claim.
The act of June g. 1900, provides that
i'll the settlement of claims of officers, sol
diers. sailors and marines. or their repre-
sentatives, and all other claims for pay
and allowances within the jurisdiction of
the Auditor for the War Department or
the Auditor for the Navy Department. pre-
scented and filed hereafter, in which it is
the present practice to make deductions of
attorneys fees from the amount found due,
no deductions of fees for attorneys or
agents shall hereafter be made. but the
draft, check or warrant for the full
amount found due shall be delivered to the
payee in person or sent to his bona fide
post-office address residence or place of
business)."
This provision applies only to such
claims az have been filal Sinca lima /,