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:
AA00008543:00040

Full Text







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*DEPOSTORY


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AMERICAN


MIXED


CLAIMS


COMMISSIONER


COMMISSION


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UNITED


STATES


AND


GERMANY


DECISION NO.


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IN THE MATTER OF


REASONABLE


UNDER


THE


SETTLEMENT


FEES


CLAIMS


WAR


DOCKET NO.


Drew


Slas
1~


Sa&uders, Claimant

. A tell, Attorney


CHANDLER P


A merican


Commissioner


U.S.GOVBRNMBNT PRINTING *.jFICB:3'J29


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FOR


AUTHORITY


ATTORNEYS


SECTION


ACT


OR


9 OF
1928 'r


6613


ANDERSON





























MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established in


pursuance of the Agreement


between


United States and


Germany


of August


1922


VHANDLER P. ANDERSON
American Commisfoner
(u)


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MIXED


UNITED


REASONABLE


UNDER


THE


FEES


COMMISSIONER


COMMISSION


AND


GERMANY


NO.


FOR


AUTHORITY


SETTLEMENT


DOCKET NO.


D


e-named claimant ha


written request that he fix a reasonable fee to be paid by


attorney, Silas


Axtell,


of New


York City,


Y., as


n for whatever services have been rendered by him on

id with the authority of the claimant, such services being

icter described in the provisions of Section 9 of the "Set-

Var Claims Act of 1928."


iant has objected


to the amount of the


fee asked by the


ATTORNEYS


SECTION


ACT


CLAIMS


OR


9 OF

1928"


6613


AMERICAN


CLAIMS


STATES


DECISION


IN THE MATTER OF


WAR


rew B. Saunders, Cla rnma

Silas B. Axtell, Attorney


duly filed with the American Corn-






280


information has been
has filed a letter in r


brought to the attention of the claimant,


eply


a copy


which has been


the attorney.


this case an award


on behalf


of the claimant


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HII*K:
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transmitted to


!as rendered by


SCommission on February8,1926, for $4,000, with itr
ta ol five per cent per annum from Novemter .
date of payment, which amount represents damage or0
". .** : .\- LJ


injuries and mental and nervous shock,


1Izoq


Persona


resulting in ill health, suffered


by the claimant in


consequence


a German


submarine


attack


the Steamshp J.L. on or about the 19


1917. The claimant was a member of that vessel'


crew in the capacity


of firsL assistant engineer.
he attorney requests as compensation for his service


a


equal


fatty


per cent


penises and disbursements,


gross


which


recovery,
estimates


this
to


include


betw


and $100.


It appears that in June,
appears


3artment of


State


1919


by the attoi


an application
ney on behalf


was
of t


filed


with


claimant


support of a claim against the Government of Germany.


By refer-


enco from the Department of State,


Agency of the
. ^1 "


1923.


Uniited


Due to inability to


occasions sought
-c.r ~k .~L jkJ.U Jks^fjL j~J: *tTon s j|:^ ^k^ Lik :^K


present


and


States before


the claim


was taken


Commiss


locate the claimant, the


obtained


proof in support


extensions


claim.


time
C3i-


bv the


ion in November, ..
att1

within which to
La---takaw iflflA L.1 -n


September,


19A4


0>4 A~


American Agencv concluded that the Commission was without j.uri-


41kon o Ithe Ajt -* >& t. n flf nfl I..l


of 11s injury,
n presented


was enli


facts &nd


tea in


the INaval


argument


lmant was not that of a combatant,
ti board a merchant ship, and the claim
cTh, flc-man Aa -,nf ,rl


Reserve forces.


'The


o show that
but that of a civilian emp loy
im was again taken up for con-
not^ OnQnctloTr (hatfli au onrirti~nn


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281


submitted


this


offer


claimant


attorney.


accepted by the claimant, and on February 3, 1926, an award


B;wndered by this Commissio]
f.l: i.t* a re
ith the settlement agreed


n on behalf of the claimant in accord-


upon.


aithoriziug the attorney to accept this offer of settlement,
." "iS *i -.


PtSift also fixed
" this case.
RT ~:'. ,m.n caser Q


attorney


This document


as appears from a


which


document


dated January 6,


1926,


was signed by the claimant and witnessed by the attorney, reads


.tjj..


St follows.


.1
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)rew B.


Kned


Saunders, hereby authorize Silas


Claims


Hi .:..Four Thousand, (
...es. ordered shal
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. ,:rhis-
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t~icipa
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a:i. It is u:
m. i : *
&'ihsraete'
E8II4C / s


Commission


4,000.00),
1 be forty


authorization


or representative


B. Axtell to close my case with


the German


it being understood that Mr.


, (40


growing


effect amounts


imant and his attorney


award


would


ill be noted that thi


provides


merely


and


carry


shell


a fee


when


interest


Government


Axtell's


shock


agreement


was made both


on the


$4,000


fees for
October,


between
of them


principal.


agreement makes no reference to inter-


a fee


forty


cent


$4,000


of the award.


necessary, for reason


extent


set out below


to examine in detail the


, and value of the services rendered by thi


attorney


I':This fee agreement
!vaat.amount was to
,-u-" -


iBrfices rendered
:... i "


on of this claim had


1;


was made


after


be awarded by this


attorney


in the


had


been


Commission
presentation


oc mpleted


and


definitely settled


and
and


after the
prosecu-


was


daft
p


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yktiy known both to the claimant and the attorney exactly the char
i!'


*-r^. T!!!-


r and extent of the services rendered.


Accordingly,


it represents


\ deliberate and informed opinion of the claimant and the attorney


i -. .. *


::to the value
Ci As' pointed
,,:: a, ,, :


of such services.


American


Commi


ssioner


general


- .. Au rd fin .ann


nra eta cal lv


m


u.r:


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--. d


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282


The record shows that the claimant


was a man


education and


intelligence,


and


without


experience


as to


fees


charged


this attorney for the collection of claims, as he had peio s y em-
plyed this attorney to collect araainagainst the Luckenbach Steam-
hany for maintenance and care. The aaorne was a
p ati cin lawyer of experience and ability, and li hl6 nrosecu Xon
:. an :iiym -~~^| HJ i^< i1,*1^in^t LL rl -.Uc cLU XC ~ Q e


us


Claim devoted his best efforts to the interest of the claimant,
Shas no reason to complain about the outcome of the case.
2 "The American Commissioner, accordingly, holds that in these cir-


nmatances the claimant must be regarded


tpcting his own. interests


when he


agreed


as fully
upon th


capable of pro-


contingent


fixed by his agreement with this attorney.


t is understood by the American


Commissioner in fixing the


fat this attorney's services that no additional
by im for disbursements or expenses.
or ."r nG'd^*l.n"'(1~ ~~rc ~a'i i/Q*'In<'*' i 4/ iii/^nA.L n ~ u itj i& I v u f iiu j o iu .u~~i~


:N w, therefore, in the circumstances above set


charge


forth


is to


be made


and in


view


a the considerations stated in the general Administrative and Juris-


i ctional


Decision


rendered


American


Conummissioner


under


eof Septerbe:
consideration of

the attorney and t
pertinent to the
thereon,
The American
fee to be paid by
ny, Silas B. Axt
the claimant in hi
this attorney, na
($4,000), the said
attorney as full c
cautionn and collect


r 28, 1928, and after careful


information


furnished


he claimant and by the record


questions involved,


Commissioner


decides


the claimant, Drew


and

and


A


examination and


in this


S


after

fixes


I.,--


full


proceeding


of this Commission


due


as the


B. Saunders, to


ell, in this case the fee agreed upon an
s above-quoted agreement of January 6,


I


a


I.


deliberation


reasonable


his said attor-


id


fixed


1926


with


~1 ~


mety, zorsy per cent o01 our mnousana aouars,
fee to be paid by the claimant and received by the
compensation for all services rendered in the prose-


uion of the


claim,.


as defined


Section


9 of


2


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