Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-03-18
Brings Out Fact That He Had
Only Technically Violated
the Law
AIMED AT PENSION SHARKS.
Something of How the Law Was
Passed aud How Nr Barnes Be-
came Involved 10 It.

In Fridays impression OF the News"
there appeared an item concerning the
indictment and arrest Of h. w. Barnes
at Kaysville, Utah, on the charge OF
violating the pension laws. The charge
was that Mr.. Barnes accepted fees for
obtaining a pension in excess Of the
amount allowed by law General aston
ishment and surprise were everywhere
manifested yesterday and today at the
arrest, as Mir, Barnes is a well known
banker OF kaysyile and enjoys the
highest reputation among his towns
men,
Investigation into the charge against
him reveals rigid law, which he has
apparently technically violated and the
existence Of which Is almost unknown,
II was enacted to cure a condition that
became fragrant soon after the passing
OF The pension laws for Civil war yeter-
ans, and II was intended to shut of the
operations Of pension sharks who
thronged Washington and were divert
Ing much Of the pension money from
It's rlghtful owners. They dealt mostly
on the gulllbllIty and ignorance OF Wild
ows ana aged veterans who were unac-
quainted with the ways Of obtaining a
pension.
To make the law entirely effective it
was hedged about with qualifying
clauses that It would be hard to eyade
| by any process.
Among ITS provisions is one that the
| limit OF a legal fee for obtaining a
| pension is S25 and II makes 1t mis-
demeanor to accept more. a special
clause provides that any agent, attor-
ney or other person interested in Sc
| curing pension Is guilty Of a mis-
| demeanor II he asks, demands, or by
any process accepts more than this
amount. Even present made by the
| pensioner makes the agent guilty II he
accepts It. Another clause provides
! that all questions of knowledge OF the
statutes, or reasonableness OF the fec
charged shall be immaterial and shall
not release the agent from guilt.
In the case OF MIR. Barnes he accepted
a fee OF more than SIS for services
! extending over two years, not particu
larly as an agent, but as a friend ant
the fec was meant TO cover expenses In
CURED In the long fight for the pension
OF Mrs. c. b. Layton an aged lady Nv
ing in Kaysville.
The complaint originates with thu
federal authortiesand It is said that tn,
recipient Of the pension is an unwilling
| party TO It.
From the story as told 10 the News
today, It appears that several year
ago. Mrs Layton, who Is a ncighbor o
Mr. Barnes interested him IN her CLAIM
for pension, and he promised to d
| what he could, although he was not n
| the pension getting business and ha,
| no particular idea Of making any fe
upon II. When the papers were pre-
scented II developed that another claim
| ant had appeared with a petition decar
! ing herself TO be q widow OF Mr.. Lay
| ton, a soldier Of the civil war Th
| matter brought on a dispute which eS
| tended over two years, necessitating tn
looking Up Of many records and TIL
| making OF sworn statements, these mat
ters being financed by Mr., Barnes. r.
Gently a pension Of Sl2 n month wa
secured and back pension Of abou
$3.50,
! When the first payment came Mrs
| Layton took 10 MIR. Barnes a sum. jus
how large IL not stated, TO pay the ex
| ponses aud as his compensation I'm tn
! matter. Later she was visited by
| pension agent OF the government. an,
I'm a conversation stated that she had
| pension. and that she had recently se
cured 1t through the efforts Of Mr.
Barnes, and that she had taken down t
him a certain sum, in payment for hi
| work
The agent then. with his knowledge q
the law, prepared the papers which re
suited IN the Indictment
The friends Of Mr.. Barnes feel tina
| his apparent violation Of the law 4
technical and Is one which any maj
might have unwittingly fallen int
without IN the least having fraudulen
| Intentions