Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the...

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Material Information

Title:
Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the "Settlement of War Claims Act of 1928."
At head of title:
American Commissioner
Physical Description:
v. : ; 23 cm.
Language:
English
Creator:
Mixed Claims Commission, United States and Germany
Publisher:
U.S. G.P.O.
Place of Publication:
Washington, D.C
Publication Date:
Frequency:
completely irregular

Subjects

Subjects / Keywords:
World War, 1914-1918 -- Claims -- Periodicals   ( lcsh )
Claims vs. Germany -- Periodicals -- United States   ( lcsh )
Genre:
serial   ( sobekcm )

Notes

Dates or Sequential Designation:
No. 1 -
General Note:
Title from cover.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004822591
oclc - 50038280
System ID:
AA00008543:00009

Full Text







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ANDERSON


American CGojmjner


'at,


U.S.


THE


M.F


MIXED


UNITED


DEP


COMMISSIONER


COMMISSION


AND


GERMANY


NO.


IN THE MATTER OF


REASONABLE


TS


UNDER


THE


SETTLEMENT


FOR


AUTHORITY


WAR


NO.


CLAIMS


10841


9amann, Executor of the Estate of
Deceased, Claimant


Frederick C


TORY


AMERICAN


CLAIMS


STATES


DECISION


FEES


ATTORNEYS


SECTION


ACT


OR


DOCKET


9 OF
1928 "


Hendricks & Kokjer, Attorneys


Hamnann,


Huettelmaier, Agent


CHANDLER


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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established in pursuance of the Agreement between the

United States and Germany of August 10, 1922


CHAlLERW P. ANDERSON

American Comasioer


(U)


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THE


AMERICAN


MIXED


CLAIMS


COMMISSIONER

COMMISSION


UNITED


STATES


AND


GERMANY


DECISION


NO.


IN THE MATTER OF


FIXING


REASONABLE


FEES


FOR


ATTORNEYS


OR


AGENTS


THE


UNDER


THE


" SETTLEMENT


AUTHORITY


WAR


CLAIMS


SECTION


ACT


9 OF
1928"


DOCKET NO.


10841


John F


. aman.n., E.


xecu


tor of the


Deceased


Estate of
Cla.imant


Frederick C


Hamann,


Hendricks

liu~ettelzajie


, Attorneys

er, Agent


The above-named claimant has duly filed with the American Com-


missioner a


written request that he fix


reasonable fees


to be paid by


him to hi


attorneys, Hendrick


& Kokjer, of Wahoo,


Nebraska


and


to his agent,


Huettelmaier, of


Omaha, Nebra


as compen-


~'L ...






486_


claimant of this request that reasonable fees be


fixed


response


requests


by the


American


Commissioner,


attorneys


and


agent have each filed with him affidavits and letters giving informa-
tion which they desire to have considered by him in this proceeding,
which information has been brought to the attention of the claimant,
who has filed several letters in reply, copies of which have been trans-
mitted to the attorneys and agent.


In this case an award


was rendered by this Commission on June


25, 1930, on behalf of the claimant, for $1,398.10,


with interest there-


on at the rate of five per cent per annum from June 8, 1918, to the


date of payment,


which amount represents the share of the claimant


and


his two


sisters


in the


estate


their uncle,


Johann


Friedrich


Hamann,


who


died


Gettorf,


Germany,


on September


, 1913,


which


share


they


inherited


through


their


father,


Frederick


Hamann,


a brother


and


a beneficiary


under


will


Johann


Friedrich Hamann.


The


total


amount


received


claimant


from


Treasury


Department in payment of this award was $2,331.79.


The attorneys


request


a fro


cent


amount


received


in payment


of the award


attorneys


, and the agent requests $450 as his fee.


and


agent


were


employed


It appears that
understanding


that their compensation would be contingent upon the recovery of an
award, but no percentage was agreed upon.
The claimant states in his letter of November 3, 1930, to the Ameri-


Commissioner concerning the compensation asked by the attor-


neys that--
I wish to say that as Executor of the Estate of Frederick C. Hamann, deceased,


I engaged Hendricks & Kokjer to


handle the entire matter for me, including


the German Estate and the property belonging to the estate in Saunders County,


Nebraska.


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Mr. Hendricks completed probate proceedings in this estate in the


can


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487


the estate in


Germany"


and attached


their reply


a statement in


support thereof from the County


Judge who presided


over the pro-


bate proceedings in Saunders County, Nebraska.


In response to the agent


's demand for a


fee of $450, the claimant


states in another letter of November 3


, 1930, to the American


Com-


missioner
our claim


that


" we


give


allowed and


Mr.


think he


1-uettelmlajer


should


full


well


credit


paid


having


for such


serv-


ices, but,
$450.00 j


ass


tated previous


such


we think he i


work


unreas


offered


onable in asking


pay


him


about


$230.00,


which


offer


we still


think


liberal


one."


The


agent denies


that


the claimant


made


him


an offer


of ten


per cent


as hi


It appears from


information filed


by the


parties to


pro-


ceeding


and


from


records


Commission


that


Johann


Friedrich Hamann


at the time of his death in


Germany in Septem-


ber,


1913,


was


a resident


and


citizen


Germany


Upon


final


partition of his estate in Germany on November 30, 1915,


the follow-


ing were named' as rightful heirs to


the amounts set


opposite


their


names


Mrs. Agatha Heine, a niece, daug
a deceased brother of the testator, 1
George Hamann, a nephew, son c
or 1336.23 Marks.


hter of Chri


/30 or


1336


tian Hamann,
3 Marks.


,f Christian Hamann


Fred Hamann,
or 1336.23 Marks.


a nephew


son


Christian


Hainann,


1/30


Matthilde
1/30 or 1336
Hanna Sc
1/30 or 1336


Heine


1.23


a niece


, daughter


Marks.


,hroeder


a mece


, daughter of


Christian

Christian


Hamann,


Hamann


1.23 Marks.


Hamann, a nephew, son of


or 1336.23 Marks.


Heinrich Hamann, a brother,


Friedrich Hamann


a brother


Wilhelm Hamann, a brother,


Christia.n Hamann


1/, or 8017.42 Marks.
1 Or 8017.42 Marks.


/5 or 8017.42 Marks.


-2, -- T -- -


-1 -.- .1 i. -


Henry


rr


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Humanm Friedrh an Wilhelm Hamann, brothers, took out their
firs papers as Amerian citizens but never completed their natural-


ization.
William


In the United Sta they used the names Frederick C. and


respectively.


Mrs.


Dorar


Johannsen


, a resident


and


citizen of Grmny, rema ind there.
After the deduction of certain expenses the bands belonging to the


above


heirs


Treuhander


living
*(Alien


United


Property


States


Custodian


were


turned


Germany)


over


on June


1918.


The


slung


titus


turned


over


credit


Frederick


William


and.


Henry


Hmann


amounted to


8,035.14


Marks


fr each.
On November 20, 1918, Frederick C. Hamann died and left as his


heirs one son, John F. Hamannm,


the executor of his estate


and


claimant herein, and two daughters, Frances C. Simpson and Mabel


Za ugg,


whom


were


American


citizens


through


birth


marriage


before


this claim arose.


or about Deoember


1918,


the son, John F


Hamann, employed the attorneys herein, Hendricks


and Kokjer, in the probate proceedings upon the estate of his father,


Frederick C.


Hamann; on January


13, 1919, the son


was appointed


executor


father's


estate


County


Court


Saunders


County, Nebraska;


and


on February


1920,


the final


decree


was


entered disbursing the estate, but the employment of these attorneys
was continued for the purpose of collecting that portion of the estate
coming from Germany and to present this claim to this Commission.


From


October, 1919,


September,


19 8,


the attorneys conducted


considerable correspondence with the claimant herein,


with an attor-


n.y


in Germany,


with


Honorable


McLaughhln,


:

,:::
e
:
, E,


United


States Representative from Nebraska,


with the


United States Mjej


Property Custodian,


with the American Agency before this Commis-


sion, and with the Department of State of the United States, in an


488


^"*^*"~~"^^~







489


letter of


September


1928,


Secretary


State concerning


these


claims


would


"be


associated


with


other


papers


Department


files in relation to the particular claim for reference if


and when the Department may be in a position to give consideration


presentation


late


claims


against


Germany


Mixed


Claims Commission pursuant to the provision


of the Settlement of


War Claims Act of 1928'."


December


1928


United


States


and


Germany


entered


into an agreement extendin


jurisdiction


of this Comm


ssion


rnciuae


America.n


so-called


Agency


" late


sent


claims,


these


and


attorneys


on January


copies


1929


printed


Questionnaire Form No. 2 relating
that each heir fill in and return a
One month later these attorneys


lg to Estate Claims with the request
separate set of these questionnaires.
forwarded to the American Agency


the questionnaire


forms duly executed by


Henry


.and


William F


Hamann


and


tI Frederick


Hamann the
journal entry


John


Hamann.
attorneys


in the


Hamann


With


also
strict


Executor


reference


forwarded


Court.


claim


three ci
Douglas


certified
County


Estate
Henry


copies


Nebraska


showing his admission to citizenship,


and


in the claim of the Estate


Frederick


Hamann,


they


likewise


forwarded


three


copies


the letters testamentary granted to John F


Hamann.


Later,


on March


1929


these


attorneys


also


forwarded


American Agency a copy in German of the will of Johann Friedrich


Hamann, a copy


in German


of the


final


partition of hi


estate


certain documents in German forwarded by the German lawyer,


and
who


acted for the estate


was probated,


and


from the German Court before which


from


Alien


Property Custodian in


which documents proved the right of Frederick,


William,


ithe estate
Germany,
and Henry


Hamann to share in the estate of Johann Friedrich Hamann.


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490


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The claimants and the attorneys were both notified of thi,
March 27, 1929. Subsequently the attorneys, on April 2, 19
to John F. Hamann, the claimant herein, as follows:
We have just ,received notice from the Mixed Claims Commission


S


fact on


29,


wrote


that they


have dismissed your claim for the reason that it appears that the Government


of Germany


not financially


obligated


under


any


provisions


the treaty


with Germany or the rules and the decisions of the Commission.


They also notified us that the claim of your uncle


William


was disa


Ilowed,


but did not notify us that


claim


of your uncle Henry


Ramanna


been


disallowed.


Re is the only


one who was able to furnish proof of citizenship,


and we assume that the other claims were dismissed on the grounds


that your


father and uncle William had not taken out their last citizenship papers.


We will


take the matter up further with


the Commission and see if


there


is any way that the matters can be given further consideration.


The records of this Commission


and


the information filed


by the


parties


this


proceeding


show


that


these


attorney


per-


formed any further services in connection


with these claims.


The


German


Agent


before


this


Commission


admitted


claim


of Henry


Hamann


on September


1929,


and


on January


1930,


an award


on his


behalf


was made


this


Commission


Mr.


Henry


Hamann


has also


requested


American


Commissioner


fix a reasonable fee


paid


him


these


attorneys,


which


proceeding


still


pending


and


will


considered


separately


m a


later decision.


After the dismissal by thi


claim of John F


Commission on March 20, 1929, of the


Hamann, Executor of the Estate of Frederick C.


Hamann,


agent,


Huettelmaier,


was


employed


to act


the claimant.
referring to


He wrote the American Agency on February 22, 1930,


the dismissal


of this


claim


and


asking reconsideration


on the ground that--


The three surviving children of said Friedrich (Fritz) Hamann were all born




i*r;.k






491


American


Agency


informed


him


on March


1930,


that


Agency will file a motion with the Commission requesting that the


order of dismissal heretofore entered


be vacated and


that the claim


considered


upon


merits.


The


Agency'


letter


likewise


quested that the agent file two certified copies of the will of Frederick


Hamann


and


documentary


evidence


establishing a


American


citizenship of each child.
The above evidence was furnished by the agent on April


and on May 2, 1930
the Commission to


14, 1930,


, the American Agency filed a motion requesting


vacate


its order of


dismissal


of March 20,


1929.


The explanation given by the Agency for filin


motion


was that


" it now develops that the American Agency inadvertently submitted
the claim for dismissal for the reason that it was not impressed with


American nationality."


The German Agent interposed no objection


to thi


motion and an agreed statement was


the two Government


on May 2


signed by the Agents of


, 1930, recommending that an award


made


amount


which


was


subsequently


awarded


Commission on the basi


of thi


statement.


From


the above


review


of the services rendered, as shown by the


information ,
records of th


submitted by the attorneys and the agent and


from the


Commission, it appears that the attorneys herein, al


though


proving that


Frederick


Hamann


was entitled


to a


share


of the estate of his
the claim on the bas


brother, Johann


Hamann


failed


present


of the right of the interested parties as Ameri-


can citizens to an award for the amount of Frederick C.


Hamann


share of that estate.


The


agent


was


successful


having


case


reopened


because


of the fact


, which he called to the Agency


attention


, that by opera-


tion of law the claim
when Mr. Hamann's


became


impressed


children inherited


with American nationality


interest


in the claim in


thn vosar


SI~i


Tha imnnort.nno n-f thi; fnont.


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American naoaity staus of their interest in this claim was
established.


Although


this oversight on


the part of


attornm


the American Agency resulted in a dismal of this cla


can


Comissioner is of the union, nevertheless,


th


eys her
im, the
at the


thereby

*ein and>r
Amen-
services


of these attorneys rendered prior to the order of dismissal contributed


to a certain extent to the successful


outcome of this claim


after the


Commission's order of dismissal had been vacated.


In the circumstances, the American


Commissioner


holds


that


attorneys, although failing to complete the prosecution of this claim,
are nevertheless entitled to participate with the agent in a reasonable
fee to be paid by the claimant for services rendered in the prosecution


of this claim.


fixing the


in this


case,


however


must


noted that the services rendered by these attorneys in


proving Fred


erick C. Hanmann's right to a share in the estate of Johann Friedrich


Hamann


Henry


applied


Hamann


equally to


share


establishing the right of
in that estate, and these


claimant


attorneys


asking for additional


compensation for those services in a


separate


proceeding
that case.


The


value


now


pending,


services


as above


stated,


rendered


fixing


these


their


attorneys


said


agent, as outlined above, is to be determined in accordance with the
principles and considerations stated in the American Commissioner's
Administrative Decision No. II, rendered August 30, 190, in which
certain percentage rates of compensation were adopted as a general
standard for attorney's fees for services rendered in '" late" claims
of this character. It was also held in that decision that a higher or
lower rate will be fixed if justified by the character and actual vake


Zr


services"


rendered


and


that


somewhat


larger


properly be allowed for services rendered on a contingent


oh ar n +iW *hn ooTYa aCannr4 ae ranin^yr nn a ni-onk+rvi rnam h OC "


basis


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493

can Commissioner under dates of September 28, 1928, and August 30,
1930, respectively, and after careful examination and full considera-
tion of the information furnished in this proceeding by the attorneys,


the agent, and the claimant,


and by the records of this Commission


pertinent
thereon.


The
hundred


Imerican
dollars


questions


involved,


Commissioner


($400)


and


decides
services


after


that
of t


deliberation


total


attorneys


of
and


four
the


agent collectively is


a reasonable


for their services in


this case,


and, in apportioning this fee between


them


on the


basis of services


rendered


by them respectively, the American


Commissioner fixes as


the reasonable fees to be paid by the claimant to the attorneys, Hen-


dricks & Kokjer, the sum of


agent,


one hundred dollars


($100), and to the


. Huettelmaier, the sum of three hundred dollars


($300),


the said fees to be paid by the claimant and received by the attorneys
and agent respectively as full compensation for all services rendered


by them in


prosecution


and


collection


this


claim,


as defined


in Section 9 of the Settlement of War Claims Act of 1928."


Done at


Washington,


2Sth


day of October


1931.


CHANDLER P


ANDERSON,


United States and


Germany.


A merican Commissionmer,
Mim ed Claims Commission,




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