shall be payable only on the order of the Commissioner of Pensions under such rules and regulations as he may deem proper to make, and any person who shall violate any of the provisions of this section, or who shall wrongfully withhold from a pensioner or claimant the whole or any part of a pension or claim allowed or due such pensioner or claimant under this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every offense, be fined not exceeding $500, or be imprisoned at hard labor not exceeding two years, or both, in the discretion of the court. The agent's or attorney's acceptance of the articles of agreement must affirmatively show whether he has or has not received any money or other thing of value for fee, postage, or expenses in connection with the prosecution of the claim, either from the claimant or from any person in the claimant's behalf. (45) The following is the form of articles of agreement prescribed by the Commissioner of Pensions and approved by the Secretary of the Interior July 8, 1884, under the provisions of the act of Congress approved July 4, 1884: (To be executed in duplicate without additional cost to claimant.) Now this agreement witnesseth, that for and in consideration of services done and to be done in the premises, I hereby agree to allow my attorney, of the fee of dollars, which shall include all amounts to be paid for any service in furtherance of said claim; and said fee shall not be demanded by or payable to my said attorney, in whole or in part, except in case of the granting of my pension by the Commissioner of Pensions; and then the same shall be paid to him in accordance with the provisions of sections 4768 and 4769 of the Revised Statutes, United States. Be it known that on this, the appeared day of, A. D. 1—, personally the above named, who, after having had read over to in the hearing and presence of the two attesting witnesses, the contents of the foregoing articles of agreement, voluntarily signed and acknowledged the same to be provisions contained in the foregoing articles of agreement and will, to the best of ——— ability, endeavor faithfully to represent the interest of the claimant in hereby certify that the premises. above named the sum of fee, and the sum of have received from the claimant dollars, and no more; dollars being for dollars being for postage and other expenses. And that these agreements have been executed in duplicate, without additional cost The attorney's acceptance of such agreement must also be executed before some officer duly authorized to administer oaths for general purposes whose official signature is certified under seal. (42) No power of attorney or articles of agreement shall be accepted as valid wherein the claimant's acknowledgment is taken before an officer who is the agent or attorney named therein, or where the agent or attorney acts as one of the attesting witnesses to claimant's signature to such instrument. (43) A declaration, affidavit, or any paper requiring execution or acknowledgment in connection with a claim for pension or bounty land must be executed or acknowledged before an officer duly authorized to administer oaths for general purposes who is not interested in the prosecution of the claim to which said paper pertains, and the jurat must so show. An agent or attorney who shall file any paper containing in the jurat a false statement that the officer before whom such paper was executed or acknowledged is not interested in the prosecution of the claim, or any statement equivalent thereto, when in truth and in fact such agent or attorney has entered into a contract, agreement, or understanding with such officer by virtue of which said officer is to receive compensation or a commission from such agent or attorney, in the event of the allowance of the claim, may be recommended to the Secretary of the Interior for disbarment from practice before the Bureau of Pensions. (44) Articles of agreement, to be recognized as valid by the Commissioner of Pensions, must be in duplicate and in the form prescribed by the statute, and have printed on the reverse side the words, "Notice to Claimant. This contract is permissible under the law, but not compulsory," and extracts as follows: (Act of July 4, 1884, 23 Stat. 99.) Sec. 3. That section 4785 of the Revised Statutes is hereby re-enacted and amended so as to read as follows: "Sec. 4785. No agent or attorney or other person shall demand or receive any other compensation for his services in prosecuting a claim for pension or bounty land than such as the Commissioner of Pensions shall direct to be paid to him, not exceeding $25. Sec. 4. That section 4786 of the Revised Statutes is hereby amended so as to read as follows: "Sec. 4786. The agent or attorney of record in the prosecution of the case may cause to be filed with the Commissioner of Pensions duplicate articles of agreement without additional cost to the claimant, setting forth the fee agreed upon by the parties, which agreement shall be executed in the presence of and certified by some officer competent to administer oaths. In all cases where application is made for pension or bounty land, and no agreement is filed with the commissioner as herein provided, the fee shall be $10, and no more. appeared day of the above named, who, after having bad wad vwr nu the hearing and presence of the two attesting witnesses, thy wylohyors of the fa going articles of agreement, voluntarily signed and acknow Nowy of the 1 1 free act and deed. provisions contained in the foregoing articles of agreedy of and will be the f of ability, endeavor faithfully to represent the way of the Fumant to hereby certify that the premises. above named the sum of fee, and the sum of have dollars, and no more dollars being for postacy and othe that these agreements have been executed in duplicate, without additional to the claimant, as required by law, in excess of the fee above named, the said attorney making no charge therefor. to be, and who having signed above acceptance of agreement, acknowledged the same to be free act and deed. [L. S.] Approved for nized attorney. dollars, and payable to (Official Signature) the recog (46) Where only one copy of articles of agreement is filed, attorneys shall be allowed to file a duplicate of the same, executed by both parties in interest at any time before the issuing of the certificate or bounty land warrant. When a claim for bounty land has been allowed and the warrant issued, one approved copy of the articles of agreement shall be forwarded to the agent or attorney of record and the other preserved in the files of the claim. The bounty land warrant shall be forwarded direct to the party entitled to the possession thereof. (47) Articles of agreement and powers of attorney not properly executed for any cause must be retained in the claim and the attorney advised why same cannot be accepted. (48) An agent or attorney may request and receive from a claimant a sum not exceeding 50 cents for postage in the prosecution of any one claim, original or increase, but compliance with such request of the agent or attorney is optional with the claimant. Agents and attorneys are not allowed to demand a sum for postage as a right or to refuse to prosecute a claim where the request for postage is not complied with. (49) Attorneys presenting questions for the consideration of the law division shall submit their points, authorities, and arguments in writing, and shall not be permitted to enter that division either to examine cases or to make oral arguments. Communications on such matters may be addressed to the Commissioner of Pensions and marked "For the Law Division," and may be transmitted by mail or left with the Chief Clerk. (50) Motions to reconsider rulings and decisions of the Law Division shall not be entertained by that division unless it plainly appears that some act of Congress, decision of the Secretary, ruling of the Commissioner, or some controlling evidence in the case was overlooked. (51) Fee agreements which are regular in every particular except that the blanks in the attorney's acceptance relating to advance payment of part of the fee and of any amount for postage have not been filled in by the attorneys shall not be wholly disregarded. The fee should be withheld in such cases and the matter referred to the Law Division for appropriate action. (52) Every agent, attorney, or other person recognized by the Department of the Interior as entitled to practice before the Bureau of Pensions shall submit to the Commissioner of Pensions copies of all proposed advertising matter in tended to solicit business before the Bureau of Pensions, and if the same be not disapproved by the Commissioner of Pensions and the agent or attorney so notified within 10 days from the date of filing the same shall be held, prima facie, approved. (53) Advertising matter may contain clear, correct, and explicit statements of the law, the name and address of the attorney, and the information that he prosecutes claims for pension and bounty land. (54) The use by an agent or attorney of the characters "U. S.," or the words "United States," as a part of his title, or of the title of his business, is misleading and shall not be permitted. (55) Where, through a mistake of fact or fraud on the part of an agent or attorney, a fee to which he is not entitled has been paid to him he shall be required to refund the same on demand by the Commissioner of Pensions; and his failure or refusal to refund, after such demand, shall render him liable to suspension or disbarment from practice before the Bureau of Pensions. (56) A state officer, charged with the duty of looking after the interests of claimants for pension, may have information in connection with a claim for pension, where designated by the claimant, and such officer shall be advised as to calls for evidence and the final disposition of the claim. (57) Section 190, Revised Statutes United States, provides that: "It shall not be lawful for any person appointed after the first day of June, one thousand eight hundred and seventy-two, as an officer, clerk, or employee in any of the departments, to act as counsel, attorney, or agent for prosecuting any claim against the United States which was pending in either of said departments while he was such officer, clerk, or employee, nor in any manner, nor by any means, to aid in the prosecution of any such claim within two years next after he shall have ceased to be such officer, clerk, or employee." (58) Table of attorney fees allowed by law. In original claims allowed under all general laws (except such acts as do not provide for payment of a fee) (section 4, Act July 4, 1884) a fee On properly executed articles of agreement, any amount contracted for not exceeding $25 Without articles of agreement 10 Dependent parents, section 4707, R. S., as amended by Act June 27, 1890 Act June 27, 1890 (section 4 of said act) Act April 19, 1908 (section 2 of said act) Act April 19, 1908 amended by section 3, Act Sept. 8, 1916 Act May 11, 1912, on original allowance only and only in cases where such allowance is made to a person who was not a pensioner under any law at passage of the act and had never received a pension prior to that date On properly executed articles of agreement, any amount contracted. for not exceeding .... Without articles of agreement |