12. Discharge.

Payment to the attorney of the fee agreed upon is full performance of contract on the part of a claimant for pension, and where this has been made the latter is at liberty to discharge the former from service in further prosecution of a claim based on disabilities not accepted at the time of adjudication. John 0. McNabb (Asst. Sec. Reynolds), 7 P. D., 431.

13. Duties and obligations—as to subsequent declarations.

Where an attorney commences and prosecutes a claim for widow's pension to a successful issue he is not bound to prosecute a subsequent claim for additional pension for a posthu mous child born after making the contract for the prosecution of the widow's claim; such claim is a new claim, and the attorney prosecuting the same is entitled to a fee of $10 under the act of June 27, 1890. Sarah Miznerr (Asst. Sec. Reynolds), 7 P. D., 62.

Where an attorney filed an application for pension under section 2 of the act of June 27, 1890, alleging a cause of disability resulting in partial inability to earn a support by manual labor, and does not neglect the claim, and another attorney files a second declaration in which a different cause is alleged, and upon adjudication both of said causes are accepted as contributing to said inability, on allowance of pension the first attorney is entitled to recognition. Held, That while the filing of the second declaration was valuable and necessary service, it gave the person named as attorney therein no rights, for the reason that inasmuch as it was filed in the original attorney's time it must be considered as having been filed by him. James Sullivan (Asst. Sec. Reynolds), 7 P. D., 519.

This is a claim for increase of pension under the act of June 27, 1890. One declaration was filed by George E. Lemon, and another by appellant. In the first, disease of lungs was alleged; in the second, loss of forearm. January 19, 1894, certificate issued granting increase to $12 per month. Loss of part of forearm only was accepted as a contributory cause of inability to earn a support by manual labor. The declaration filed by Mr. Lemon was in proper form, and in it was alleged a cause of disability which, if found to exist in a ratable degree, would have entitled claimant to an increase of pension. Both attorneys filed evidence with a view to establishing loss of part of forearm, but that furnished by appellant was filed within a year from the date on which Mr. Lemon filed the first declaration. Held, That the power of attorney in Mr. Lemon's favor gave him the right and made it his duty to establish not only the cause of disability alleged by him, but

13. Duties and obligations-as to subsequent declarations-Cont'd.

that alleged by appellant, he, Lemon, having acquired rights of which, for a year at least, he could not have been lawfully dispossessed. Held, That as the cause of disability alleged in the second declaration had not been previously alleged, said declaration was necessary. But inasmuch as that service was performed at a time when Mr. Lemon was entitled to recognition, it was contributory service and must be credited to him. As to the evidence filed by appellant with the declaration, the same rule must be applied. Isaac Turner (Asst. Sec. Reynolds), 7 P. D., 523.

When a claim for pension is pending under the second section of the act of June 27, 1890, and a new application alleging other causes of disability is filed, it is the right and duty of the attorney appointed in the original application to prosecute the claim as an entirety. The second application is but amendatory of the first, and the attorney filing it has no title to recognition. James J. Abbott (Asst. Sec. Reynolds), 8 P. D., 79.

(a) As to reopening and appeal.

When an attorney thinks injustice has been done his claimant by the Bureau of Pensions, it is his duty to appeal to the Department, but no additional fee can be allowed therefor. Thomas Kenney (Asst. Sec. Reynolds), 7 P. D., 87.

When a claim for pension has been rejected, whether on legal grounds or on its merits, and the attorney thinks an injustice has been done his client, it is his duty either to take steps to reopen the case or to appeal to the Department, and failure so to do within the time prescribed by the rules is such neglect as subjects him to a forfeiture of his title to fee. Jackson A. Kimball (Asst. Sec. Reynolds), 7 P. D., 133.

See also SUBTITLES: MALFEASANCE; NEGLECT.

14. Examination, claimant's failure to appear for. See SUBTITLES: NEGLECT; NOTICE.

15. Examination of papers.

Reports of special agents may not be inspected by attorneys or claimants, and names of witnesses will not be communicated. A. P. W. Farley (Actg. Sec. Bell), 6 P. D. (o. s.), 161.

Attorneys will not be permitted to examine confidential communications, certificates of examining surgeons, or reports of special examiners relating to criminal charges. In re Milo B. Stevens & Co. (Asst. Sec. Bussey), 5 P. D., 254.

15. Examination of papers-Continued.

Order 174, prohibiting attorneys from examining certain papers on file in the Bureau of Pensions is supported by precedent and reason, and is adhered to. Citing decisions of 1833, Lewis Cass, Secretary of War; 1838, J. R. Poinsett, Secretary of War; 1850, T. Ewing, Secretary of the Interior; 1874, C. Delano, Secretary of the Interior; Z. Chandler, Secretary of the Interior. Communication, in re E. W. Whitaker, attorney (Asst. Sec. Bussey), 6 P. D., 179.

16. Fee, right to-generally.

The attorney who procures and files the evidence necessary to establish a claim for pension is entitled in equity to the fee allowed upon the adjudication of the claim. Hardin Stevenson (Asst. Sec. Bussey), 3 P. D., 225.

The appellant having performed material service, and the claim having been completed within the year to which he was entitled under rule 16 (now 12), should have been paid the fee. Brewster Case (in re P. J. Lockwood, March 22, 1894), cited and followed. Citing also Olivia Joyce, 7 P. D., 156. Patrick Coffee (Asst. Sec. Reynolds), 7 P. D., 338.

As appellant was entitled to recognition when the claim was reopened, and as no action on his part was thereafter necessary, he should have been paid the legal fee. Malvin B. Whitehead (Asst. Sec. Reynolds), 7 P. D., 427.

(a) Right to, determinable from record at time of adjudication.

The rights of an attorney are to be determined by his legal status at the time the claim is completed and without reference to the date of adjudication. If, on completion of the claim, he be not in default under rule 12, upon subsequent allowance of pension he should be paid the fee, and this whether completing evidence has been furnished by him or by some other person acting voluntarily or involuntarily as his agent. Citing Catherine S. Leighton, 7 P. D., 88. Amelia L. Brewster (Asst. Sec. Reynolds), 7 P. D., 296.

Questions of fee are to be determined from the record as it was at the time of adjudication. That record may not be changed or amended by the addition thereto of statements of attorneys made in briefs submitted by them in support of appeals filed in the Department. Sidney M. Brownell (Asst. Sec. Reynolds), 7 P. D., 373.

See also SUBTITLES: ABANDONMENT; ASSIGNMENT; CALL SLIPS; DEATH; DISCHARGE; DUTIES AND OBLIGATIONS; MALFEASANCE; NEGLECT; RECOGNITION; REOPENING ; REVOCATION; SERVICE; SUBSTITUTION; and general title,

FEE.

17. Fee contract.

See SUBTITLES: POWER OF ATTORNEY; REVOCATION.

18. Firms-person signing firm name.

It should be made to appear that the person signing a firm's name to the transfer of a case had the authority to do so. Alexander Parks (Sec. Schurz), 5 P. D. (o. s.), 134.

(a) Death of partner.

Where a firm of attorneys has been prosecuting a claim for pension, and before the completion of the claim one of said attorneys dies, the surviving partuer will not be required to obtain a new power of attorney in his own behalf to entitle him to recognition in such claim, but he will be allowed to complete the same in the name of the firm. Instructions (Asst. Sec. Reynolds), 7 P. D., 281.

19. Forfeiture.

20. Fraud.

See SUBTITLES: NEGLECT; RECOGNITION.

See SUBTITLE: DISBARMENT.

21. Government employee.

An attorney who files a power of attorney in a claim within two years after his connection with the Government as a special examiner of the Bureau of Pensions is within section 190, Revised Statutes, and recognition was properly refused. Francis M. Herrod (Asst. Sec. Bussey), 4 P. D., 39.

22. Increase claims.

Attorneys are not recognized in applications for increase by operation of law under the act of March 3, 1883, and the opinion of Attorney-General Stanbery of October 8, 1866, is not applicable. Cyrus Perkins (Asst. Sec. Joslyn), 11 P. D. (o. s.), 136.

23. Indian claims.

No power of attorney in behalf of an Indian claimant for pension will be recognized, but all such claims should come through the Commissioner of the Indian Bureau. Alsey Young Duck (Sec. Delano), 1. P. D. (o. s.), 150.

24. Information.

See SUBTITLES: CALL SLIP; NOTICE; REQUIREMENTS.

25. Insane persons.

When a pensioner has been pronounced insane, a power of attorney executed by him is invalid. Thomas Kenney (Asst. Sec. Reynolds), 7 P. D., 87.

26. Malfeasance-retaining instead of filing evidence.

Appellants filed a power of attorney in the case in December, 1892. During the same month they obtained possession of the evidence necessary to complete the claim, which evidence was responsive to a call which had been made by the Bureau on the attorneys of record. Knowing that they had no status in the case, appellants deliberately withheld such evidence until eight months later, when they were accorded recognition: Held, That it was appellants' duty, under the circumstances, if they did not file the testimony in their possession, to return it to the claimant, so that it might be filed by her direct or forwarded to the attorneys of record. As the former attorneys were prevented by the act of appellants from filing the evidence necessary to complete the claim (that this was so is sufficiently shown by the record), said evidence, when filed, inured to the former's benefit, and they should have been paid the fee. Distinguishing Martin D. Shirk, May 6, 1893; widow of John J. Phillips (no date given). Sarah Mellon (Asst. Sec. Reynolds), 7 P. D., 349.

(a) Where evidence is executed before attorney.

The rule of practice, directing that evidence verified before an officer engaged in the prosecution of a claim or having a manifest interest therein shall not be accepted, is based upon substantial reasons, and should be maintained; and when an attorney files evidence taken before himself as a magistrate, he should be informed of the rule and notified that said testimony must be taken anew before an officer not interested in the prosecution of the claim. If, after such notification, an attorney persist in filing evidence verified before himself, he may be denied both recognition as attorney and fee in the claim. William A. Robertson (Asst. Sec. Bussey), 3 P. D., 220. If, however, the evidence verified before an officer who is an attorney be accepted in the favorable adjudication of the claim, the Bureau having failed to notify him of the aforesaid rule of practice, such failure will be construed as a waiver of the rule itself, and the legal fee will not be denied. Ibid.

27. Neglect-under rule 12 generally.

The failure by an attorney for eleven months to do anything in the prosecution of a claim is neglect, forfeiting title to recognition, especially in view of the revocation of his power in this case by the claimant on that ground. Citing rules in Charles H. Crewe. Elizabeth McKim (Actg. Sec. Cowen), 2 P. D. (0. s.), 160.

The failure of attorneys to file any paper in a claim or to perform any service for more than two years is sufficient