19. Increase claims, fee in-Continued.

No fee is allowable in claims where rates for specific disabilities are increased by law. John W. Hall (Sec. Chandler), 3 P. D. (0. s.), 84.

Attorneys have the right to receive a fee not exceeding $10 in claims for increase under the act of June 17, 1878. James Nolan (Sec. Schurz), 6 P. D. (o. s.), 32.

A claim for increase having been filed prior to June 20, 1878, and allowed subsequent thereto, it is held, under decision in William Lencroix, that said claim was a pending claim for increase within the meaning of the act of that date, and payment of the fee contracted for in the agreement filed in said claim is mandatory on the Commissioner, under the provisions of said act and section 4786, Revised Statutes. John A. Walker (Sec. Kirkwood), 9 P. D. (o. s.), 45.

No greater fee than $10 can, under the law, be allowed in increase claims on account of the pensioned cause alone, although fee agreements for a greater fee be filed. Absalom F. Kagley (Asst. Sec. Hawkins), 2 P. D., 132; Theophilus Sweet (Asst. Sec. Hawkins), 2 P. D., 162.

An attorney in an increase claim is not entitled to any fee if increase is secured merely by operation of law. Citing as similar, and following decision of June 28, 1888, in appeal of same attorneys in claim of Franklin S. Moncrief, certificate No. 28732 (unpublished). Rhodes J. Colvin (Asst. Sec. Hawkins), 2 P. D., 164.

Fee agreements may be recognized in an increase claim on account of a new disability, but no fee greater than $10 may be allowed in increase claims on account of pensioned cause alone, although fee agreements for a greater sum may have been filed. David S. Snow (Asst. Sec. Hawkins), 2 P. D., 190.

Where increase is by operation of law no fee is allowable. Citing decisions of July 13, 1872, and November 20, 1875; uo claims specified. John Way (Asst. Sec. Hawkins), 2 P. D., 226.

A greater fee than $10 is not allowable in an increase claim on account of pensioned cause alone, although fee agreements for a greater sum may have been filed. Reconsidering and adhering to decision of August 3, 1888. Theophilus Sweet (Asst. Sec. Hawkins), 2 P. D., 236.

The law does not permit the allowance of a second fee in a claim for original invalid pension, except in case of an application for increase on account of a new disability, or of a disability alleged for the first time in a declaration filed after the claim as originally presented has been adjudicated. Jesse C. Griffitts (Asst. Sec. Bussey), 3 P. D., 114.

19. Increase claims, fee in-Continued.

No fee in excess of $10 may be allowed in a claim for increase on account of results of the pensioned disability only, although fee agreements for a greater sum may be filed. Oliver W. Burnham (Asst. Sec. Bussey), 4 P. D., 407.

No fee may be allowed in an increase claim where increase is by operation of law. John B. Howes (Asst. Sec. Bussey), 6 P. D., 50.

The fee in a claim for increase of pension under the act of June 27, 1890, regardless of the cause upon which the said claim is based, is governed by the fourth proviso to the pension appropriation act of March 3, 1891, and can not exceed $2. Joseph P. Smith (Asst. Sec. Reynolds), 7 P. D., 11.

Under the act of June 27, 1890, a condition of inability to earn a support by manual labor is the test of the soldier's title to pension, and provided, always, that such condition is not the result of his own vicious habits, the manner in which it is brought about is not material. The pension once granted because the soldier was in part unable to earn a support by manual labor, further inability, whether it be due to a disability already recognized or to one newly alleged, is but an increase of pensioned cause. George Jacob (Asst. Sec. Reynolds), 7 P. D., 39.

The provisions of the act of Congress approved March 3, 1891, limiting to $2 attorneys' fees in cases where claims are allowed for increase of pension on account of increase of the disability for which the pension was granted, is applicable to all claims for increase under the act of June 27, 1890. Ibid.

Where in the same declaration claimant asks for increase, and alleges a new disability, and an attorney prosecutes the claim under articles of agreement, the contract applies to the whole matter pending, and the attorney is entitled to but one fee. Departmental decision of November 3, 1890, in re Milo B. Stevens & Co., attorneys (4 P. D., 191), reaffirmed. Jacob S. Jones (Asst. Sec. Reynolds), 7 P. D., 73.

When an attorney files an application for straight increase and also for additional pension for new disability, and prosecutes the claim under articles of agreement subsequently filed, though the additional pension for the new disability and the increase for pensioned cause be allowed at different times, said articles of agreement apply to all the disabilities and but one fee will be paid. Isaac Johnson (Asst. Sec. Reynolds), 7 P. D., 105.

Appellant came into the claim for straight increase subsequent to the passage of the act of Congress reducing fees in

19. Increase claims, fee in-Continued.

such cases to $2. Held, That his rights as to fee are derived from the law in force at the time the contract between him and the claimant was entered into, and not from the law as it was when the declaration was filed. It follows, therefore, that but $2 could have been allowed. Daniel Covey (Asst. Sec. Reynolds), 7 P. D., 453.

Claims for additional pension to widows under section 4703, Revised Statutes, whether commenced by the widow or by the guardian on 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.

20. Minors' claims, fee in.

Where an attorney has fee agreements for $25 for prosecuting a claim by several minors, he is entitled to the full contract fee, notwithstanding one of such claimants may have died while the claim was pending. Minors of John S. Shults (Asst. Sec. Hawkins), 2 P. D., 298.

Where there are two or more minors entitled to pension, and one of them dies while the claim is pending, there should be no deduction from the amount of pension to be paid up to its death, but the surviving minors are entitled to the full amount of pension, and the attorney prosecuting the claim under a fee agreement signed by all the claimants is entitled to the full amount of the contract fee. Ibid.

The law does not authorize the practice of assessing, pro rata, the minors in a pension claim for the payment of attor ney's fee upon any other basis than that of equal liability for the same. Minors of Granville Todd (Asst. Sec. Bussey), 3 P. D., 383.

21. Navy claims, fee in.

The pension or allowance granted old and disabled seamen by section 4756, Revised Statutes, though a pension in the general and legal significance of the term, is not such a pension as is contemplated by the act of July 4, 1884, providing for the allowance and payment of attorneys' fees. Claims under said section are adjudicated by the Secretary of the Navy, whose certificate of allowance is authority for the payment of the pension by the Commissioner of Pensions. The latter's duty is therefore purely ministerial, and he has no jurisdiction in the matter of fees. John Williams (Asst. Sec. Reynolds), 7 P. D., 138.

22. Rerating claims, fee in.

On the reopening of a widow's claim for consideration of the question of her right to a higher rate of pension by reason of her husband having held a higher rank at the time he contracted the fatal disease, the attorney is not entitled to another fee. Ellen M. Godfrey (Sec. Kirkwood), 9 P. D. (o. s.), 62.

If the claim for rerating is filed by the attorney in the original claim and is based upon a right existing when his original contract to prosecute the claim was made he is not entitled to another fee, it being his duty under his original contract to perform all the service necessary to obtain the correct rate. Alfred Halstead (Asst. Sec. Reynolds), 7 P. D., 359.

23. Restoration, fees in claims for.

On allowance of an application for restoration, pension having been withdrawn on the ground that pensionable disability had ceased, attorneys may be recognized; such application is a "claim" within the meaning of section 5485, Revised Statutes, so as to bring the attorneys therein subject to the penalties prescribed in said section; and where the Pension Office finds it necessary to correspond with said attorneys, who thus contributed at least advice and service in the prosecution of said claim, they are entitled to a fee under sections 4785 and 4786, Revised Statutes. Hubert J. Wideawake (Sec. Teller), 10 P. D. (0. s.), 372.

Where a claimant is dropped from the rolls on the ground that his pensioned disability had ceased, a claim for restoration does not come within the terms of section 4786, Revised Statutes, as to fee agreements, and a fee in excess of $10 may not be allowed in such claim. Sanford A. Haynes (Asst. Sec. Bussey), 4 P. D., 405.

24. Special act, fees in claims under.

Where articles of agreement for $25 were filed in a claim under the provisions of the general pension laws and it was rejected, and afterwards a pension was granted the claimant by a special act, it was held that the attorney was not entitled to the contract fee, for the reason that the claim was not prosecuted to a successful issue before the Pension Office. Payment of a fee of $10, according to former practice in such cases, is approved. Edwin Johnson (Sec. Delano), 2 P. D. (o. s.), 222.

The provision of the act of June 20, 1878, which directs that "in pending cases in which a fee contract has heretofore been filed, if the pension shall be allowed the Commissioner of Pensions shall approve the same as to the amount of the fee to be paid at the amount specified in the contract" refers to

24. Special act, fees in claims under-Continued.

claims prosecuted to a successful issue before the Pension Office, and not to claims allowed by special acts of Congress. Robert S. Toland (Sec. Kirkwood), 9 P. D. (0. s.), 51.

25. Special examinations-fee in

An attorney appearing in a claim under contract with applicant after a prima facie case has been made out and the claim is in the hands of a special examiner, no further services by an attorney being necessary, acquires no right to recognition and he is not entitled to a fee. Robert McCorkle (Asst. Sec. Reynolds), 7 P. D., 158.

26. Suspended attorney, fee to.

An attorney can not be paid a fee in a case allowed upon evidence presented during his suspension. Joseph Armstrong (Sec. Schurz), 4 P. D. (o. s.), 274.

See also BOUNTY LAND; COMMISSIONER OF PENSIONS; ELECTION; FEE CONTRACT; MINORS; RECORDS; REIMBURSE

MENT.

FEE CONTRACTS.

1. Execution of contract.

2. Stipulations in contract.

3. When must be filed.

4. Must be in duplicate.

5. Must specify amount of fee.

6. Must acknowledge amount received.

7. Indorsement on, no part of contract.

8. Fraudulent contract.

9. Void contract.

10. Under Order No. 144.

11. Terms of, may not be varied.

12. When contract can not be impeached.

13. Conditions of, must be executed.

14. In increase claims.

15. In minors' claims.

16. In claims under special act.

17. In cases of difficulty and trouble.
18. Commissioner must approve.

1. Execution of contract.

Agreements as to fees, executed before the attorney of record himself, will not be recognized. Jacob Menter (Sec. Delano), 2 P. D. (o. s.), 316.

13201- -18