The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-04-30
Y0|)UING.0BTAINS /
VITAL;DE'CISlON
ON ] ! !; II (;
Telegraphs that Powers of At
torney for Collecting Claims
Can Be Revoked
WILL SAVE LARGE SUM
Settlers on Odd Numbered Sec
tiOns Within Railroad
Grants Affected

.
steaders in this section for the collec-
ton of claims for excess amounts
paid by homesteaders in committing
entries upon odd numbered sections
within railroad grants can be revok.
ed
Advice to this effect was received
here today from George NJ. Young,
congressman from the second district,
who wired the news to Lynn
J. Frazier Congressman Young
.ook up the matter with the auth0ri-
ties of the department of the, interior
at Washington with the request that
an opinion be furnished him covering
the ability of homesteaders to revoke
powers of attorney given lawyers in
Washington representing homestead
ers endeavoring to make collection of
claims for excess amounts.
Congressman Young's telegram to
Governor Frazier in full is as follows:
yesterday the twenty eighth
sent a telegram to the receiver Of the
United States land office, Bismarck,
in the following words:
: Am pleased to inform you that !
have just obtained written opinion
from the solicitor for the treasury de-
partment in which he states that the
powers of attorney obtained by Wash
ington attorneys for the collection OF
claims for excess amounts paid by
homesteaders in committing entries
upon odd numbered sections within
railroad grants can be revoked.
The decision is written in response
to my written application to the soil
citor for decision and after citing au-
thorities and giving copy of the power
of attorney United States by the attor-
neys reads as follows: 1T is clear to
my mind that the foregoing power of
attorney can be revoked. The auditor
for the interior department informed
that until such power OF attorney is
revoked the warrant issued on the
claim for repayment Of s,oney due the
claimant who executed 1uch power OF
attorney would be delivered to the
attorney named in such instrument
but written revocation of such power
OF attorney sent either to the auditor
for the interior department or the
secretary of the treasury would re-
suit in such warrant being sent direct
to the claimant. A mere notice set
ting out copy of the power of attor-
ney to be revoked signed by claimant
and delivered to the auditor for the
interior department or the secretary
of the treasury would be sufficient
notice for such revocation. OF course,
if the attorney performed any service
either personal or through some other
parties under the powers conferred by
such instrument he could collect for
such services by an action in court
under contract made by and be-
tween him and claimant.
Now if the widest publicity can be
given to this it will result in saw
ing of about $l00 for those who learn
about it and act quickly. Only one
firm of attorneys can show they earn
ed anything to speak of namely Copp
and Andrews because they took the
test case through the courts but even
that firm in case of revocation Of
power of attorney would have to go
into court and prove the real value Of
their services. r...' ,,
Other attorneys can probably show
no services performed to any value
and will probably never 60. into court
OF course, those who have not yet
signed power of attorneys should be
cautioned not to do so and should
write to their congressman for blanks.
"Have received today, the 29, tele-
gram from the receiver saying that
he is not at liberty to act without the
authority of the commissioner OF the
general land office and the commits
sioner of the general land office has
just refused to give such authority
saying that he does not care to inter-
fere with agreements made between
claimants and their attorneys. l am
therefore calling the entire matter to
your attention believing the informa-
ton should be made as public as pos
sible.'