Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-08-08
LAWYER DEFENDS
CLAIMS FOR FEES
Hosea B. MouIton Issues
Statement Detailing Work
Done for Pensioners.

issued yesterday by Hosea 3. Moul-
ton. local attorney. who had a written
agreement with a number Of the
pensioners TO represent them in Gel
lecting the claim.
Referring to the letter recently
addressed to the Firef1ghters' Associ
alton by Chairman Zihlman of the
House District committee. in which
Mr.. Zihlman said he had not been
interviewed by any attorney in sup
port Of the bill. and stated that the
measure was passed because oi us
merits. Mr.. Moulton replied in his
statement as follows:
Il notice in the paper that Repre-
sentative Zihlman. Il very fine gentle
man. has said that in the last session
Of Congress he Was not approached IN
relation to the .bill, and il passed on
its merits. think both of those
statements are absolutely correct, but
| am sure Mr. Zihlman would not
wish to have you forget that he was
but one of 49, members of the House
of REPRESENTATIVES, and So members
of the Senate all of whom had5a voice
In the adoption Of this measure.
Cites Visits to Zihlman.
I'm the Sixty eighth Congress Mr..
Zihlman was not the chairman OF the
three times in relation to the measure
found from him that he had at one
time presented bill covering the
, same matter. and was fully in favor
of the bill that l presented. there
fore saw no occasion for my discuss
ing IT with him again"
Discussion of Mr.. Moulton's agree
ment with the pensioners under which
he was to act in their behalf in seek
ing enactment of the necessary law
to pay them the pensions they failed
to receive between 1911 and 1918 be
gan when question arose at the Dis
trict Building as to whether the claim
checks should be delivered through
him as attorney.
In his statement yesterday Mr..
Moulton empha sized these conten-
tions: That the retired men sought
his assistance voluntarily; that they
offered to pay 80 per cent If he had
the claims allowed: that he declined
to accept the case >on that basis. but
agreed to take an amount equal 10
one-t bird if the claims We're allowed.
but no compenSa ton If the bill failed;
that his la borS extended over approx
mately three years; that he discussed
the claims with several members OF
the Senate and several members OF
the House, and that the charge he
agreed To with the pensioners was the
minimum charge that lawyers in the
District make In contingent fee cases.
Holds Fee Minimum.
Mr.. Moulton concluded his state
ment with this reference to the agree
ment and what he did:
The amount of my charge for pro
fessional services in the case is the
minimum charge that we lawyers
make in the District Of Columbia IN
the matter of contingent fees. ana IN
the case of the retired pay or these
men that had been standing for 10
or IL wears and was looked upon as
an absolutely dead claim. il was GER
tainlv a very reasonable fee.
In the course Of the consideration
of this measure | discussed II with
several members of the House and
with several members of the Senate,
and when | concluded the discussion
Of II with them in every instance the
gentlemen were so far convinced OF
the Justice of the claim that they
fully agreed with me in the action
contemplated and said they would do
everything in their power 10 advance
the passage of the bill.
Looked on Claim as Dead"
Mr. Moulton said that when the
group of retired men first came 10
him in September, 1923. they eX-
plained that many efforts had been
made by the District commissioners
and thefS to secure the fund With
out success. The attorney said part
of the claim had been outstanding for
more than - years and all Of 1t was
barred by the statute of limitations
three or four times over land they
looked upon it as a dead or unCOllect-
able claim. although they thought it
Justly due them"
The attorney then recited that he
had conferred with the late Commits
sioner oyster and with the District
auditor and came to the conclusion
that while the claim Was not legal
liability, it was a moral obiga lion
that should be paid. t'nti a few
years ago police and fire pensions
we're paid from fines and other mis-
cellaneous collections. and between
1911 ami 1915 these collections fell
short of meeting the pension roll by
$685. 600.
After other investigation Mr.
Moulton' resumed, Il again met in my
office with the retired police and fire.
men and told them that had con
cluded 10 accept their employment
hut that I would not receive the fee
of so per cent thai they had offered.
but would charge them an amount
equal to one-third Of the amount re
covered. and if | recovered nothing
for them they would owe me nothing
and l would lose my time labor and
expense. They were greatly pleased
and very promptly agreed to those
terms and ] Immediately prepared an
irrevocahle power of attorney and fee
agreement for the amount stipulated
making il 4 lien on any check. draft
or other instrument that might be
issued in settlement Of their respec-
tive claims.
Bill Presented to Senate.
Thereafter l Immediately prepared
bill and had il presented in the
onted States Senate IN the first SEES
sion OF The SiXtyeiEhth Congress. but
it was 50 late in the session that little
headWAy could be made in relation
10 IT.
Mr. Moulton then told how it was
again introduced In the second session
OF that Congress aud pa sSed by the
House. In the Senate committee he
said. one member objected To IL and
the measure WAS reported out too late
in the session to pass
On the opening of the sixty ninth
Congress the bill was again fled with
the same member of the House, Mr..
Moulton said. and passed by the
House. Il was then referred 10 the
Senate District committee and after
many efforts 10 get II disposed OF
there il was finally acted upon ana
reported out TO the Senate unani-
mously and thereafter adopted ny
Senate and was thereafter signed by
the President of the United states"
MIR Moulton continued. Inmedi-
atelv I conferred with the auditor Of
the District as - the appropriation
therefor and he placed il IN The sec