5. Fee not dependent on amount of pension granted—Continued. The Commissioner of Pensions has no authority to reduce the attorney's fee on account of the small amount of pension allowed, or to refuse to issue a certificate because the fee would absorb the whole pension. John Schoepf (Asst. Sec. Reynolds), 7 P. D., 19.

Fee should not be denied for the reason that the allowance of the claim in which the fee was earned does not result in pecuniary benefit to the claimant. Thomas S. Bradford (Asst. Sec. Reynolds), 8 P. D., 139.

6. Fee dependent on service rendered.

If an attorney positively declines to further prosecute a claim, and during three years thereafter filed no more evidence therein, claimant has a right to appoint another attorney, to whom the fee should be paid for the successful prosecution of such claim, and not to the first attorney. Mrs. E. A. Batchelder (Sec. Delano), 2 P. D. (0. s.), 472.

An attorney is not entitled to recognition in a case which was completed when he came into it, and no fee may be allowed such attorney, he having rendered no service in that claim. Sarah Robertson (Asst. Sec. Hawkins), 2 P. D., 398.

The fee in a claim for pension is to be allowed only in case some necessary service is rendered by an attorney. The law governing articles of agreement sets forth that the fee agreed upon is "for and in consideration of services done and to be done." The rule is, no service no fee. Orpheus H. Budlong, attorney (Asst. Sec. Bussey), 3 P. D., 296.

Where the only ground of rejection of a claim was that the claimant was dishonorably discharged, which ground was subsequently declared by Departmental decision in another case to be erroneous and the claim was accordingly allowed, the attorney of record at the time of original rejection is entitled to the fee, and can not be superseded by another attorney who rendered no service. Valentine Hitchcock (Asst. Sec. Bussey), 4 P. D., 19.

To entitle to fee, service must have been rendered. Mary Franklin (Asst. Sec. Bussey), 4 P. D., 356.

As appellants had no valid power of attorney in the case and rendered no material service, they have no title to fee. John H. Schoonover (Asst. Sec. Reynolds), 8 P. D., 10.

7. Reduction of fee agreed upon.

It is within the power of the Commissioner of Pensions, even when a fee agreement is recognized, to declare that in no case

7. Reduction of fee agreed upon-Continued.

of the nature described will a fee greater than $10.50 be allowed, to include and cover all services and expenses. George D. Hilton (Asst. Sec. Reynolds), 8 P. D., 182.

8. Refundment of fee.

A claim for increase of pension on account of a new disability was filed in this office subsequent to the passage of the act of June 20, 1878, and the attorneys were paid $5 in advance. On allowance the pension agent was erroneously directed to pay them a fee of $10; but on the facts becoming known, the attor neys were called upon to refund to the claimant $5, the amount paid them in excess of the lawful fee: Held, Action was proper. J. Seely Spaulding (Sec. Teller), 10 P. D. (o. s.), 90.

The appellants having neglected the claim for nearly two years and rendered no service whatever therein, they are not entitled to any fee, and should refund any money advanced to them by the claimant on account of fee. William J. Stephens (Actg. Sec. Joslyn), 14 P. D. (o. s.), 535.

Where a fee has been certified and paid to one who was not the attorney entitled thereto, refundment should be made. James Paxton (Asst. Sec. Hawkins), 2 P. D., 208.

Where under a former administration, owing to error of law or mistake of fact, or both, a fee has been improperly paid, it is the duty of the Commissioner to require refundment. John H. Schoonover (Asst. Sec. Reynolds), 8 P. D., 10.

An attorney's title to a fee is dependent on his client's title to a pension, and where the pension was fraudulently obtained the Commissioner of Pensions may require the refundment of the fee paid the attorney who prosecuted the claim, as well as the pension so paid the claimant. Elizabeth Striggon (Asst. Sec. Reynolds), 8 P. D., 12.

The Bureau of Pensions has no authority to demand the refundment of a fee except where the record shows one has been allowed, and paid through error, fraud, or mistake, or where one has been legally allowed, but paid to an attor ney not entitled thereto. Mylon Angel (Asst. Sec. Reynolds), S P. D., 35.

9. No fund, no fee.

The law provides that the fee of an attorney for his services in the prosecution of a claim for pension shall be deducted from the pension allowed under the claim so prosecuted; and if there be no accrued pension under a certificate there is no fund from which the fee can be paid. George A. Caswell (Asst. Sec. Bussey), 3 P. D., 40.

9. No fund, no fee-Continued.

When a pension under the act of June 27, 1890, is withheld for the purpose of reimbursing the United States for money advanced claimant under an allowance of pension unwarranted under the general law, the attorney in the new law claim is entitled to a fee, but the same may not be paid until the United States has been reimbursed in full. Departmental decision of January 17, 1893, in re W. W. Dudley, reaffirmed. Samuel W. Keys (Asst. Sec. Reynolds), 7 P. D., 78.

Generally a fee should be allowed if a fund has accrued, or may accrue, in the claim in which the fee was earned, Thomas S. Bradford (Asst. Sec. Reynolds), 8 P. D., 139.

As the only fee provided by law is to be deducted from the pension, it follows that when payment of accrued pension is expressly limited to the defrayal of the expenses of pensioner's last illness and burial, there is no fund from which the payment of a fee can be made. Lawrence H. Davis (Asst. Sec. Reynolds), 8 P. D., —.

10. Fee when two attorneys.

When an attorney files completing evidence within the year allowed a former attorney under Rule 12, and the claim is adjudicated within that year, the evidence thus filed inures to the benefit of the former attorney, it being presumed that he would have completed the claim within the allotted time, and the attorney filing such completing evidence has no title to fee. Catherine S. Leighton (Asst. Sec. Reynolds), 7 P. D., S8.

11. Accrued pension, fee in cases of.

Fees can not be paid out of accrued pension money after the death of the pensioner, who had been receiving pension prior to death. Catharine Shanger (Actg. Sec. Bell), 7 P. D. (o. s.), 255.

Where accrued pension was paid to widow without deducting the full amount of the fee legally due the attorney, the amount of such overpayment made to widow should be deducted from her current pension and paid to the attorney entitled thereto. John Zimmer (Asst. Sec. Hawkins), 2 P. D., 341.

Payment of accrued pension without deducting the proper fee is an overpayment as to such fee, and what is que on fee account should be deducted from current pension. Hosmer Chase (Asst. Sec. Bussey), 4 P. D., 89.

The act of March 1, 1889, does not apply to cases where a certificate is issued subsequent to the death of the pensioner named therein, but such case is governed by section 4718,

11. Accrued pension, fee in cases of-Continued.

Revised Statutes, and no fee may be paid if there be no widow or minor child. Stephen Cronkhite (Asst. Sec. Bussey), 6 P. D., 61.

12. Advance payment of fee.

A fee can not be demanded or received by an attorney from a claimant on a claim which proved to be a duplicate of one filed prior to June 20, 1878. See sections 4768, 4769, and 4786, Revised Statutes. The provisions of law in these sections are rendered inoperative only in claims filed after June 20, 1878, and in pending claims in which claimant had not been represented by an attorney prior to that date. The fee taken in advance is illegal and should be returned to the claimant. Malachi Garrison (Sec. Schurz), 7 P. D. (0. s.), 59.

Where an attorney has received in advance a part of his legal fee, the Commissioner of Pensions will withhold the usual direction to the pension agent to pay the fee, until the attorney refunds the amount received in advance. John N. Pratt (Sec. Schurz), 8 P. D. (o. s.), 58.

The claimant himself having already paid his attorney in this claim (who was employed prior to June 20, 1878) before the receipt by the pension agent of the Commissioner's order to pay the fee allowed in said claim, such order should be canceled; and the attorney's fee in the increase claim filed in 1882, since said order was issued, is governed by the act of June 20, 1878, and should be settled between the attorney and the claimant. H. H. Rittenhouse (Sec. Teller), 10 P. D. (o. s.), 367 13. Arrears of pension, fee in cases of.

In a claim for arrears of pension or increase of arrears of pension allowed under an act of Congress passed subsequent to the date of the allowance of the original claim in which said arrears of pension or of increase of pension was allowed, the attorney is not entitled to a fee. (Last proviso of section 3, act of July 4, 1884.) Rachel Stephenson (Asst. Sec. Reynolds), 7 P. D., 94.

So far as claims for arrears of pension or arrears of increase of pension, other than those prosecuted under an act of Congress passed subsequent to the allowance of the original claim in which such arrears may be allowed, are concerned, the provision of law contained in section 4711, Revised Statutes, and repeated in section 4 of the act of January 25, 1879, prohibiting the payment of fees in claims for arrears, has been in effect repealed by the second proviso of section 4786, Revised Statutes, as amended by the act of July 4, 1884. Oliver P. Pierce (Asst. Sec. Reynolds), 7 P. D., 425.

14. Assignment of fee or attorneyship.

An agreement of the claimant to pay the original attorney or his assigns a fee of $20 for the successful prosecution of the claim is sufficient warrant for the recognition of appellants as assignees of said attorney, and they are entitled to said fee. James Parker (Sec. Teller), 11 P. D. (0. s.), 195.

Where an attorney appears as assignee of the prior attorney he succeeds to the status of such prior attorney, and a payment made to the latter before the assignment under his contract for fee under the fee law of June 20, 1878, should be deducted, and only the balance of the fee allowed under such contract paid. William Dundas (Asst. Sec. Bussey), 4 P. D., 21.

When an attorney completes the evidence to establish a claimant's right to pension his fee is earned, and if such attorney dies before the allowance of the claim or issue of certificate the fee vests in his personal representative. William Goodson (Asst. Sec. Reynolds), 7 P. D., 294.

15. Difficulty and trouble, fee in cases of.

Service rendered by an attorney in securing the removal of suspension of payment in a pension case comes within the provision of section 4 of the act of July 4, 1884 (amended section 4786, Revised Statutes), authorizing the Commissioner of Pensions to recognize fee agreements in certain classes of claims, "and in such other cases of difficulty and trouble as the Commissioner may see fit to recognize." George D. Hilton (Asst. Sec. Reynolds), 8 P. D., 182.

Where application for additional pension is made after issue to allow pension in a widow's original claim, no fee can be allowed unless, in the opinion of the Commissioner of Pensions, claim is one of "difficulty and trouble," in which a fee may be allowed. Minors of Louis Ollendorf (Asst. Sec. Reynolds), 8 P. D., 272.

16. Duplicate or reissue of certificate, fee in.

An attorney is not entitled to a fee for obtaining a new certificate changing the name of the pensioner. Jacob Rathbon, or Rathgeber (Actg. Sec. Otto), 7 L. B. P., 317.

No fee is due attorneys for obtaining a duplicate pension certificate. John Hynes (Actg. Sec. Cowen), 8 L. B. P., 280.

A fee will not be allowed for securing a new or a duplicate pension certificate. Marvin H. Sackett (Asst. Sec. Reynolds), 8 P. D., 261.

Where an attorney is obligated to secure the allowance of pension from the earliest date from which pension can be allowed, he is not entitled to an additional fee upon reissue to