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

MISSING IMAGE

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:
AA00008543:00022

Full Text













'i. .
S6
r4Ir.


ae3* m"m a* '
m* .... .
"H." "i *"aft^ '**? *. *.
.m .
.H .. I 4I
| L*:. ,, ... .
.* ,: *ni,'" :. *'*.* .. i :. :


ICAN COMMISSIONER


CLAIMS


COMMISSION


STATES
-L


AND


GERMANY


i~x. ..;.
IL'i *
i5 l *'.. .1


BR THE
. ,:'" ** ..
*. e jE i. : *-


3IVEMENT.
j^M.|.. .....1 14
-il.* 4 :i .
IF' .
...".. *


EES


. ATTORNEYS


AUTHORITY


WAR


CLAIMS


SECTION


ACT


:OK


9 OF

1928 "


::iI


Sflr
.cIrD 0: 000
4 k: !.nY~ iEi~
'I, .r' .iiE;in~

...,. ....H-


I 17Lj~~4 CEwetetr of Estate $
3~~41-

'ilfl',.r Deeie, lamcz

.. ... .

r..4

-':I i1..l -.::. 4,IIIC
SZ2;.if I,.a
HI Vi. I"
.~........ 4.t.EBSON
*
..,"ii.:V? S
j~cq~mneioner
: ~ .'i: ': p. :
:"P:B~*. 4 ?


.1.
Jt*;1 C.s


:j*


DECISION NO. 58


IN THE MASTER OF
, "...


"


-:--r--. .:. :~....~. '-I





--


k


E ""'.* "2


F~B~E--.;


:E'OB:








H


-. .:**".:^ "h:
.. :. "...
..


* H.:. J .G 'S


: :
i. i ii.K ,
: ..1; :.= ..........











HI:
** :: :3
.. d i:E::::


* ..:..

'i !!hl H

I.!'r


" '": ".'.::.. :i
": .* **.** '.:: .
* *:. **.. :** :*


.. "... .. :. "

. *"I "* *.".
*" ^:: ::* ::**::'J .




. A*Ar* *
.. ** :i.. .
. **::::. ::. *:. :. :
:::x: .. :"- i .. *-:

*" :.... ** ..
.. .. !*i: .


* :**! '.. .. .

.. : *"E "3 ":x::::


MIXED


CLAIMS


COMMISSION,


UNITED


STATES


Al


~I
;lH*
HD Gadarn ~ f.*
II .'lHI
.iH


Etablished in pursuance of the Agreement between


United States and Germany of August 10, 1922


- .


CHANDLER P


ANDERSON


I ,
H ..,,i i


American Commissioner


(n)


. :T: .
: "i ""*i::3


Ax" iii3


.:i ': 'll {!
.... A.i
.. ..
: i":EE Eii.:i
::. i :* .::
." I !.


H *I. n



Ni
*aL" "* :: A:
*:... :::::: .


:: *:: **. ii
.J. .. .




.. ...** .": "*ii:





* ...... : "'! "
.* :l 'llA:: Hll:: :


-t ..


. -b i


m







P.:
H.

I i; ---.7:.-i -


i~l:iii i : ,i;


THE


AMERICAN


COMMISSIONER


MIXED


~K4HU -
::"- LHus.
. .~fs ..Xi":: I*
"BE^:: *:.
.:1W


UNITED


CLAIMS


STATES


COMMISSION


AND


GERMANY


DECISION


NO.


IN THE


MATTER


EXING ]
"' WENTS'
=..?R : ."...


!W9~1'1A
*A~iii: 'iTHE
H A. l.* k



Il: -:i~

---- .::H

1:.


tWA


THE


"SETTLEMENT


DOCKET


FEE


FOR


AUTHORITY


WAR


CLAIM


ATTORNEYS


SECTION


ACT


NO.


E|.. l.' "" :. .
ssi i ?:|, ,4 ,,*4,
.:I .:: :| E ."" .
u ,*, *
i:


hI
::::
| Hlf~:: :| -
, ,is ,,,: ,
i HalllH "I -e *
H::":: ::
E .": ... ..

.: : -
rHi
,,,EjA S, i ,,
:3 ,, ,,, ,,, ,,,,,,,,
,,,n,,,,,- l fJU ,, ,, ,,,,, "


~pont


Twitchell, E


win


Peter'


above
mioner


named


a written request


.to the attorney,


Peter


xecutor of


Deceased


Baumer,


Estate of


'erbert


York City,


'God-


Claimant


Attorney


duly


filed


that


Baumer,


New


upensation for whatever services have


been rendered by


with


American


r. Y., as
him on


Fi::;,i.
Dpi Hs~


UNABLE


UNDER


OR


9 OF
1928 "


claimant


a reasonable


,,,. ,,,


"i




,' a an -PI


362


n-otifed of the filing by the elaimant oofthis ruesth


.- ee be fixed.


Commissioner


.n n .. *::.:- :. .:". ..
The attorney, in response to a request by the A menei i''
has filed with him four affidavits giving the inforni*


which he desires


have


considered


Commissioner .I


showing the reasonableness of the fee asked,


been brought to


the


attention


of the


claim


which information
Wh ns e


kisawB"


affidavits in reply, copies of


which have been


com


attorney.
In this
F ebruary


case


award


17, 1926, on behalf


was


rendered


of Herbert C.


with interest thereon at the rate of


November


sents


damages


1923,
f or


date


personal


injuries


five


payment ,
suffered


this


Commrsslon


. Godwin
cent per
which ar
by him


$20,000,


*HI;i~


sinking on November 28, 1917, of the steamship


a German submarine


in erest thereon


vember


and


rate
date


1918


for i
five


Lhe further
per cent


payment,


p


" A
sum
er a


Watts "


which


the value of personal property belonging to Captain


was


l.lost


through


TyiOn erlT


crew


submarine


attack.


"Albert


Captain
Watts"


ofChief Officer.
The amount of the fee asked


by the attorney is $1 3


fity per


of


cent


Captain


amount


Godwin


Sfrom


$27,516.26


Treasury


received


Departmei


of the award of this Commission.ini this m ase


It
that


appears
on July


prosecute
basis, and


power


and


frori
18,


the
1925,


collect


th


affidavits
Captain
is claim


on January 23, 1926,


attorney in


favor


I


and


documents 01


Godwin r
on a fifty
Captain G
This atto:


retained this at
per cent conti
odwhi


rney


acept on behalf of Captain Godwin the offer of the Gl


""
""X~
::i*E~ ,
E:


i~i~an


--





q$r: :
*.:: t..
xi::r*1


363


also


covered


"advances


made"


and


"disbursements


" by


him.


order


make


meaning


and


intent


rer perfectly


clear


states


conclusion


that


"the


object


iyport hereof being that the said Peter


Baumer, his executors,


strators


, assigns


or designees,


receive


a lhmnp


sum


Eleven


($11,000)


Dollars


proceed


settlement


Sibefore
htand w


recited,


ith


and


accrued


w a


Son as hereinbetore


le-rbert


Charles


Fraser


rest


interest


recited,


Godwin


residue
on the


and


remainder


amount


paid


or unto


over
heirs


settlement


me the


, executors,


Atrators or assigns."


lo be


ier
by


noted


had


this


that
been


power


definitely


Commission


and


attorney


settled


what


after


was


executed


amount


services


and


would


rendered


FDLey


b'n fully
mt and t


presentation


completed,
xe attorney


and


and


was


exactly the


prosecution


definitely
character


known


and


this
both


extent


claim


of the


S.rendered


" advances made"


and


" disbursements


incurred."


ngly,


amount


compensation


fixed


them


in this


f attorney,
a request by
ji -opinion as
juf~its.i^K^


which was prepared by the attorney and executed


claimant


, represents


value of such


their


deliberate


services, advances


and


and


dis-


American


Commissioner


held


previous


decisions


is Nos. 1, 3, 8, 25 and 32), in similar proceedings, in some


this


attorney


was


an interested


party,


that


when


entirely


competent


look


after


own


interests


a. fee agreement with his attorney, he falls within the group
i to in the following extract from the Report of the Senate


,ttee on Finance


recommending this


fixing


legislation


a -lr a~eJa A,,, L aa -Ir, L t L AL 311 -., A -A


I





.364


In t.hi


man


and


case it appears from the


education


with


wide


record that Captain


worldly


experience,


Godwin


and


dominating personality, and, although in January,


I of
1926,


sti


*....,.. .,.
'I.
.....*.
.. ......
: : 1
.. ..
5 .. ..*:
wvS
oA
g4,


wI' :


tis -final fee agreement was made with this attorney, he


was suffer. :


..g from ill health, in consequence of the
a .. .


sensation
afterward
which was
a year la


which


award


was


personal injuri
nfr"le
^** ***- S. **t*K


made


, never


, on February 28, 1927,, made a carefully


s duly admitted to probate upon hi


ter,.


also


appears


attorneys afdavit, dated May


which


use
he


purports


by Captain


had


been


duly


after exa nations


Marin er


boat


for steam


license


HIr Ior,


and
East


Barge Canals, as


tnd


that


held


from
4929


a photostatic


Godwin subsequent


licensed in A
;passed in
and sailing


was
and
well


a first c
Hudson
as for P


a commission


Lmerica,


Tew


Yor.


vessels


lass


pile


Rivers


orto


Ric


death,


exhibit


submitted itt ths


copy


time


Great
k and
that
it for
and


]O a


as Lieutel


U. S Naval Reserve Forces from 1917 to


19


In these circumstances the Commissioner


;heless, he sooi

.
approxmalI .........


attaci


ness carm ia -...::-.-.
H. 4
-- m...-- .


0S11


LI1a .LLI


Britain
London


also


Ne,
the


New


and Panama,: :.
a ________~


as a Maste


' ::.


held


York


Bay


York


andn~


State
**H**


.nd the adjacent islands ,
iant Commander in the :
19. ":"
holds that Cdp am o


wi was capable of protecting his own interests in making ths.


ment


agreement


with


attorney,


and,


accordingly,


fixad thereby was reasoInable within the meaning ofi
d ned in the above quoted extract from the Repidrt 61 t
Committee on Finance recommending this legisfati
O sequently, as stated in that Repoart, the A"eri


"would


undoubtedly


justified


fxing the


aimointi specil*f7


the aforesaid contract as a reasonable fee in thfsa ca


Nevertheless, on account
xx x I
^- ** '. '?


of certain speialit tdie


idse, the American Commissioner feels called


upon


to don


E"""
r"
;i i
:; ;;
E"i"","r::":
:B :""""Z


;iE
::


r


t


F


--~





36ah

dissatisfaction with the amount of this fee soon after this


legislation


was


attorneys


proposed
indicating


Congress,


a desire


and


have


apparently


amount


N. to. hcis newi


ei, o.n the ground that he considered it excessive for the services
t, and further because on account of the death of the claim-
...... no longer in a position to speak for himself on the questions
*0:and also the present claimant desires to have the attorney


:,ase required to produce


proof that he actually incurred


3s or advanced the sums claimed by him to have been advanced
atrred, the reimbursement of which formed a part of the con-


i for the fee agreement,


the production of which


proof the


Commissioner


position


require


this


and


inasmuch


as the


Executor


Estate


will


upon in


the settlement of the estate


account


for what-


is paid for legal services in connection with


this claim, and


iableness can


thus


ssed


upon


a court of


competent


on in the State of New


York


American


Commissioner


bo make it clear that
fix the maximum fee


established


in this
which


by the Act


proceeding


would


Congress


goes


reasonable


no further
under the


authorizing thi


pro-


'land leaves it for the appropriate courts of the State of New


have


wider


jurisdiction


than


is conferred


upon


Commissioner,


finally


determine


what


within


amount


fixed


this


decision,


would


reasonable


and


oirding to the law


exact


of the State of New


amount of the


actually made by the attorney


York


advances


and covered


and


and


by the


taking
sburse-
agree-


roof of which amount can be required by the New
Soceedings for the settlement of the estate.


York Court


hand,


American


Commissioner


is probably




H Hii~ iiIII


366

in this proceeding, and he finds that the said services have


stantially


as follows:


Subsequent to the


signing by the claimant of the first fee agree


:dfJiily


i3, 1925,


attorney ierein


prepared


page


itemized


statement concerning


he claimant, a. two page statement concerning hi pe
and a one page davit sworn to by the claimant's personal
cian concerning the claimant's physical condition before and
3" A:A A'A ^" A 1 || .. -.. .. ^ ."" **5^**^iil^ l'f^B ^ ^ ^ ^ ^ ^


the sinking of the


"Albert


Watts." The


gether with the first fee agreement of July 1 1925,


by the attorney tb


American


Agency


following


day, upon


being informed by


claim" might not be allowed by the Commission because the tim


ling claims


had


expired,


this


attorney


the purpose of conferring with the American Age


A cording to


own


affidavit filed in


this


Agency that


" nothing could be done until the


thoroughly


looked


over


and


referred


t ":the German Agent would probably allow the cl
"ik- -was subsequently done.


On


August


1925, a


letter


was


sent


mericanAgeny requesting that he furnish the nam.
members of the crew of the Albert E. Watts," or as ma
as he could obtain. After inquiries at the office of the .
Vonmissioner in New York. this attorney obtained the cl


/ .


or a
O ls"
rlpp
few ls;


the above ship,


could


but


ascertained


names


were


only


furnished


attorneys letter of October 13, 1925. With that tI
also inclosed a one page afdavit of a member nf


"Albert E.


Watts" concerning the dlaimuztss p


The


German


Agent,


whom


this


by





367


ierican Agency about


this and other claims in which he was


* as attorney.
ican Agency


conference


a letter


dated November


attorney


1925,


left


with


which he


kaived from the claimant, stating that he had been unable to


tnuch


with


this


attorney


because of sickness


which


confined


a hospital in


San


Juan,


Porto


Rico,


and


then


INaval Hospital


mr had been written.


Annapolis, Maryland,


from


which address


In its letter of November 20, 1925, the


;an Agency informed this attorney that the above letter from


nant


" will


rthe rest of the file,


taken


with a


with


German


view to settlement.


Agent,


together


You are, how


n u1ro'P.l


nht.n.i n


as quickly


as possible


claimant's


.'-... ..g u. a
"worn statement under
H.:...:. : A.....


his own hand, so that there


will


about arriving at a settlement with the German Agent."


endeavors to obtain the claimant'


riperty


losses and


personal injuries,


s own sworn statement of
this attorney, according to


Idait filed in thi


proceeding,


personally


visited hospitals in


Norfolk,


Baltimore,


Philadelphia


and


New


York,


and


hod


over


long


distance


a hospital in Boston, but


without


kr the claimant.


9, 1925,


then


requesting the


wrote


address


to this attorney of November


American


given


15, 1925,


Agency


by the claimant in
which had been left


Attorney with the American Agency


on November


18, 1925.


number


1925


American


Agency


replied,


giving


Requested, and


urging the


attorney to communicate at once


KB claimant


signed


and


and


have


sworn


him


properly


him.


prepare


also


claim


stated


"If


with
Mr.


citizenship


been


established,


please


this, as it is of first importance in establishing the jurisdic-


8 i
-this


Commission."


ther efforts on the part of this attorney to locate the claimant


I :S
iii""EM


LJK





368


advises


that


i


tted to the
* "'"'l teld /^*'- K'/ /-,A/


f thi
Mi


offer is rejected,


Claims


claim


Commission.,


will


have to


*..i

I iM~ix' ii H
be sit'::..


United ales


may, for adjudication,


which


event the.ecord. il"l


n;ather corroborated


tary evidence of


and


disinterested


substantiated


parties."7


by the
The a


competent


Attorney


documen-


accepted .... .thw


offer in his letter to the


which


he also


stated


American


that


had


Agency
written


January


192(,li


claimant


citizenship


described


papers.


"final


Thereafter,


power of attorney


January


was


1926


executed


abrov


the claimant


in favor of this attorney.


The citizenship


papers of the


claimant


were not


received


by the


American Agency up to February 4, 1926, on


which


date the Amern-


can


Agency


informed


this attorney


that


" further


delay


may


jeBO


pardize the settlement that has already been arrived at in this case."


On February


1926,


claimant's


naturalization


certificate


was


for-


warded by this attorney to the American Agency, and


on February


9, 1926, the German and American Agents, in an agreed Statement of


Jfact


recommended


for award


amount


offered


German


Agent,


which


were the amounts awarded


by thi


Commission.


It is


further


stated in


attorney


affidavit


that


held


con-


ferences with the American Agency on December


18


, 1925, and Jan-


uary


w~s


1926,


at the


former


which


offered in settlement the sum


attorney


$1,500


intimates that
property losses


ad $10,000 for personal injuries,


which offer he rejected, and at the


later of which he offered to except $25,000 for the claimant's prop-


erty losses d personal injuries,
dsbtful if the German Agent wi


an amount.


record


these


but he was informed that it ws
would agree to an award in so large
conferences appears in the hips W


th American Agency.


No brief on any question of law or fact involved in this claim was


filed by this attorney.


HIi


.1'i
S:c
.Dll
EuK


:1
:1:
I.
'AK.:
S


"..1 .1






369


purpose


hereinabove


forth,


and


on the


that


no additional


charge


made


this


qey for disbursement
' American Commisa


or expenses,


sioner


decides


and


fixes


as the


reasonable


by the


claimant,


StEstate of Herbert


Pierrepont


Twitchell,


Godwin, Deceased


Executor
attorney,


this


Captain


case


Godwin


fixed


and


in the


this attorney


settlement


as set


agreed


out in the


attorney


executed


Captain


Godwin


on January


5, namely, eleven thousand dollars


($11,000), as full compen-


for all services rendered in the


prosecution and


collection of


A, as defined in Section 9 of the


" Settlement of War Claims


Washington, D.


this


13th


day


of December,


1929.


CHANDLER P.
American


ANDERSON,
Co nmmissioner,


Mixed


Cla~rnzs


C~onz m*Z8isoflz


United


States


and


GermEny.










-' --'


UNIVERSITY OF FLORIDA





3 1262 08484 1831


. -


H.r
'H


II




F










*.. .

i ;*1V


4~1
I j, ~i. -