16. Duplicate or reissue of certificate, fee in-Continued. correct the date of the commencement of pension. (See cases of Samuel Werner, Certificate No. 18503, and Andrew G. Van Wie, Certificate No. 137875, cited in Anderson's Digest, section 94.) Flying (an Indian) (Asst. Sec. Reynolds), 8 P. D.,

17. Duplicate or more claims, fee in.

Where a certificate issues allowing pension, the legal fee should be paid under section 4768, Revised Statutes, notwithstanding pension is allowed for a part only of the disabilities alleged. Daniel L. Barker (Sec. Teller), 21 Record of Letters Sent (Misc.), 169.

The soldier having filed a claim for pension, with articles of agreement for a fee of $25, died in 1882, pending the adjudica tion of the claim, and his widow continued its prosecution, authorizing the same attorney to represent her. The Secretary found, as a matter of fact, that the appellant attorney continued to act under his original power of attorney given by the soldier until the final adjudication of the claim, and concluded, as "a matter of law," that said attorney had ample authority for so acting, and the contract fee should be paid, notwithstanding said attorney may be entitled also to a fee in the widow's original claim, as the pending invalid claim and said widow's original claim were separate and distinct claims, and fee is allowable in both. Stephen J. Kester (Sec. Teller), 21 Record of Letters Sent (Misc.), 250.

The act of June 20, 1878, should be regarded as referring to the claim on file at the date of its passage, and the agreement for fee therein should be treated as a contract for the prosecution of that claim only and not for the prosecution also of a claim filed subsequent to that date on account of another alleged cause of disability, the latter being a separate and distinct claim so far as fee is concerned under said act. Riley Osborn (Sec. Teller), 12 P. D. (o. s.), 410.

It is the uniform practice of the Pension Office, and approved by this Department, and is hereby again approved, that where several disabilities are alleged in a claim and a fee agreement for $25 for the prosecution of such claim is filed, $10 only of the fee will be paid on the issue of the first certificate allowing pension on account of part only of such disabilities, and the rest of the fee will be withheld until the settlement of the claim. Joseph H. Estes (Sec. Teller), 13 P. D. (o. s.), 16.

Where a claim for increase stood rejected, and no effort was made to have it reconsidered, but instead a new claim was filed, which was allowed: Held, Money paid by the claimant

17. Duplicate or more claims, fee in-Continued.

to the attorneys (who had filed both claims) as part of their fee in the first claim could not be deducted from the total fee of $10 due them in the second claim, under the law then in force. Adam Caughman (Asst. Sec. Hawkins), 2 P. D., 130.

Where a subsequent claim is filed on account of a disability already alleged in the original declaration, in which a fee of $25 was contracted for and paid, no fee may be allowed on reissue to allow pension for such disability. Reconsidering decision of August 14, 1888, and decision adhered to. David S. Snow (Asst. Sec. Hawkins), 2 P. D., 190.

On motion for reconsideration it was held that, where fee agreements for $25 were filed in a claim alleging two disabilities, but one of which is primarily admitted and the fee of $25 paid, no additional fee may be paid on the subsequent admission of the other alleged disability. Citing Daniel L. Barker, November 15, 1886. Philip Steinhizer (Asst. Sec. Hawkins), 2 P. D., 195.

Where a declaration alleges several disabilities, but one of which is primarily allowed, and the contract fee of $25 is paid, no further fee may be allowed on a subsequent issue allowing pension on account of the other alleged disabilities. Oliver Graffan (Asst. Sec. Hawkins), 2 P. D., 211.

Where a declaration alleges several disabilities, but one of which is primarily admitted and the contract fee of $25 paid, no further fee is allowable on a subsequent issue admitting to pension the other alleged disabilities. Simmons Kelly (Asst. Sec. Hawkins), 2 P. D., 235.

Where several causes of disability have been alleged in declarations which are pending at the same time, they shall constitute but one claim, for the prosecution of which but one fee may be allowed. James H. Aldrich (Asst. Sec. Hawkins), 2 P. D., 339.

All the causes of disability, alleged by the applicant for pen. sion, which are pending at the same time and in which the applicant is represented by one attorney or firm, constitute but one claim, in which but one fee can be allowed. Zadoc Day (Asst. Sec. Bussey), 3 P. D., 76.

All the causes of disability alleged by an applicant constitute but one claim, for the prosecution of which but one fee can be allowed. Jesse C. Griffitts (Asst. Sec. Bussey), 3 P. D.,

114.

All the causes of disability alleged in the application pending before the issue of the original certificate constitute but one claim, for the prosecution of which but one fee can be

17. Duplicate or more claims, fee in-Continued.

allowed. The sum of $25 is the limit of the fee allowable for the prosecution of a claim for pension. Leonard K. Kelly (Asst. Sec. Bussey), 3 P. D., 218.

Where two separate causes of disability are alleged, and the attorney originally appointed abandons the case after the issue of a certificate for pension for one of the causes and payment of the fee, there is an unavoidable necessity for the payment of a second fee to an attorney who may prosecute to a successful issue the remaining portion of the claim. Robert Irons (Asst. Sec. Bussey), 3 P. D., 228.

The phrase "a new disability," occurring in section 4, act of July 4, 1884, refers to a disability alleged for the first time. after the issue of a pension certificate. Where two or more causes of disability for which pension is granted were alleged in the original declaration, they will be regarded as constituting one claim, for which but one fee can be allowed. William H. Dietz (Asst. Sec. Bussey), 3 P. D., 302.

Where a declaration alleges several disabilities, but one of which is primarily admitted as pensionable, and the contract fee of $25 paid, no additional fee may be paid on the subsequent allowance of the other alleged disabilities, although a subsequent agreement was filed by the same attorneys for additional fee. Ichabod H. Albee (Asst. Sec. Bussey), 4 P. D., 38.

Where a claimant filed one declaration, alleging injury to left side by falling from his horse, and subsequently, while the first declaration was pending, another, alleging different results of such fall, the same attorneys appearing in both claims, and the contract fee of $25 was paid on allowance of injury to left side only, no additional fee may be paid on a subsequent allow ance of the other alleged disabilities, although an agreement for additional fee had been filed; as the two declarations constitute but one claim, for the prosecution of which but one fee can be allowed. Joseph Davison (Asst. Sec. Bussey), 4 P. D., 125.

Where a declaration alleges several disabilities, a part only of which are primarily pensioned, and the contract fee of $25 paid, no additional fee is allowable to the same attorneys on a subsequent allowance of pension on account of the other alleged disabilities, although a new fee agreement for an additional fee may have been filed; but an additional fee (of $10) may be allowed in a claim for increase on account of the first pensioned disability, or a contract fee of $25 in an increase claim on account of a "new disability." Citing James H. Aldrich, 2 P. D., 239; 3 P. D., 3; Jesse C. Griffitts, 3 P. D., 114. Josiah M. Marlow (Asst. Sec. Bussey), 4 P. D., 191.

17. Duplicate or more claims, fee in-Continued.

Where declaration alleged several causes of disability, one of which was admitted, and the contract fee paid to the attor ney, no additional fee is allowable, on the subsequent admission of the other alleged causes, to such attorney's wife, to whom a subsequent fee agreement had been given. William H. Crisp, alias Joseph Kennedy (Asst. Sec. Bussey), 6 P. D., 196.

A soldier was pensioned by special act pending adjudication of his claim under the general law, which was subsequently allowed at the same rate as his current pension, and certificate issued, the claimant electing to surrender his pension under said act: Held, That the attorneys who prosecuted said claim are entitled to their contract fee of $25. Asa Dye (Asst. Sec. Bussey), 6 P. D., 279.

Where a widow claims pension for herself and her own children, and also declares for a child of soldier by a former wife, the claim is an entirety and the rights of all the parties are subject to a single adjudication. In such a case the attorney is entitled to but one fee. Sarah Clark (Asst. Sec. Reynolds), 7 P. D., 47.

When a widow claims pension under act of June 27, 1890, for herself and her minor child, and afterwards files an affidavit declaring for children of the soldier by a former marriage, and the guardian of such children files another declaration, claiming on their account: Held, That the two declarations constitute but one claim, for which but one fee can be paid. Reaffirming case of Sarah Clark, 7 P. D., 47. Hattie G. Dyer (Asst. Sec. Reynolds), 7 P. D., 160.

Where two or more applications for pension or additional pension on account of new disability are simultaneously pending, whether the declarations allege the same or different disabilities, and these declarations were filed by the same or different attorneys at the same or different times, they constitute but one claim, for which but one fee may be paid.

In claims now pending in which no material service has been performed, and in claims hereafter filed, the fee will be considered as an entirety, and, upon an allowance, be certified to the attorney entitled to compensation under the law and the rules. Alonzo Shull (Asst. Sec. Reynolds), 7 P. D., 183.

Where pension has been granted to several minor children, the pension of each is chargeable with his or her proportionate part of the fee due the attorney by whom the claim was prosecuted. Where payment to one of said minors is withheld, there is no fund available for the payment of his or her part of said fee. Paul N. Kelsey et al. (Asst. Sec. Reynolds), 7 P. D., 451.

17. Duplicate or more claims, fee in-Continued.

An attorney who is a member of a firm which received the full contract fee in the original claim is not entitled to an additional fee in a claim for rerating or reissue to correct the date of the commencement of pension allowed in the original claim. Patrick McEneany (Asst. Sec. Reynolds), 8 P. D., 206,

Claims for additional pension to widows, under section 4703, Revised Statutes, whether commenced by the widow or by the guardian in behalf of the minor children of a soldier by a former wife, are not original claims for pension within the meaning of the act of July 4, 1884, in relation to fees. Minors of Louis Ollendorf (Asst. Sec. Reynolds), 8 P. D., 272.

Where application for such additional pension and for the widow's additional pension are pending separately and simultaneously they constitute but one claim, for the prosecution of which only one fee can be paid. Ibid.

As the appellant has received the stipulated fee, he is not entitled to an additional one. Cases of Sarah Clark, 7 P. D., 47, and Hattie G. Dyer, 7 P. D., 160, affirmed. Minors of Robert C. Banker Asst Sec. Reynolds), 8 P. D., 303.

Where an attorney, who has been paid $25, enters into a partnership, and the firm files new articles of agreement, no fee can be paid to the firm for completing the claim for disa bilities pending when the certificate issued on which the attorney received the $25 but not included in such certificate. (Anderson's Digest, sec. 54, citing case of Christian Whisler, Travis & Brown, appellants.) August Koch (Asst. Sec. Reynolds), 8 P. D.,

18. Duplicate declarations, fee in.

Where two applications identical in substance and purpose are filed in a pension claim, each by a different attorney, and by mistake are jacketed separately and given different numbers, and both attorneys render service, the attorney filing the first application is entitled to recognition and the fee. line Hoffman (Asst. Sec. Reynolds), 8 P. D., 66.

19. Increase claims, fee in.

Caro

No fee is allowable in increase applications under the act of June 8, 1872. Jacob Shuback (Sec. Delano), 1 P. D. (o. s.), 6.

No fee is allowable in a claim which is adjudicated merely upon the presentation of a pension certificate in a prior claim, as in a minor's claim for increase. W. D. Whitely (Actg. Sec. Cowen), 3 P. D. (o. s.), 15.