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pursuance of the
DECISION NO. 47
IN THE MATTER OF
'imp 1:ia, rail hLLLJ.~
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54 The climax
it has objected
. Grab, Claimant
York City, New
the amount of the fee asked by the
lamed claimant has duly filed with the American Com-
Sitten request that he fix a reasonable fee to be paid by
orney, Raymond Ballantine,
sensation for whatever services have been rendered by
of and with the authority of the claimant, such serv-
the character described in the provisions of Section 9
ment of War Claims Act of 1928."
.e ground that it is excessive, and the attorney has been
who has filed a letter in reply, a copy of which has been transmitted
to the attorney.
In this case an award on behalf of the claimant was rendered by
thereon at the rate of five per cent per annum from May 7, 1915, to
the date of payment,
which amount represents the value of perual
property belonging to the claimant lost through
the sinking of the
Lusitania, on May 7, 1915, by a German submarine, and for the fur-
their sum of $6,000,
with interest thereon at the rate of five per cent
the date of
claimant in consequence of the submarine attack.
received by the claimant from the Treasury DepE
The total amount
irtment in payment
of the award was $9,106.88.
tapppsrs from the affidavits and documents filed in this p.r.oed-
Mr. Maas employed Mr
fee of fifty
who was then a tenant
of part of the office space leased
assist him in
amount which he might receive from hi
retainer from the claimant.
the Southern District of New
the steamship company,
tuted limitation of liability proceedings.
Maas was appointed Naval Attach6 at thE
In the summer of 1917, Mr.
SUnited States Embassy at
He died in
of the Cunard
Steamship Company case.
|%y, but ho definite percentage of the recovery was fixed as the
t my compensation."
letter of August 17, 1928, the claimant states:
Ht al Balantine's assistance.
That is all
that Mr. Ballantine has done in
With the claim against the German Government.
K. L. -. -
-still leave open
of Charles O.
*fek that she is entitled to 50% of the amount paid to Mr. Bal-
ft.who is not willing to entertain that proposition."
iltv not know whether
. "" .....
, verified August 27, 1928,
the attorney states
*9l., I do not know whether that retainer related to the action against the
..ship Company alone, or whether it contemplated a possible claim against
'.,t i ... an
*A r*i : .*
Mr. Maas retained
me to assist him
against the Cunard Steamship Company we discussed that action alone.
a". :t. r" .." e
&'-:- not retain me in connection
L 7. *
against the German
I do not recall that Mr. Maas and I ever discussed the possibility of
absence in Europe and his subsequent death made it
4:): ~rLT "
e for him to render any services in Mr. Grab's
i ,:1 17,
behalf after the sum-
one year before any steps were taken toward the presen-
;n : 4..*e "
i-:of the claim against the German
i.e-ause Mr. Maas's agreement with
series by ithe terms
i~saaiialservices by him. the terms
Because of these facts,
me had contemplated the rendering of
of our agreement
I do not recognize that Mr. Maa
s's estate has
any legal claim to
it in any part of the compensation to which I may be entitled in this
.Nevertheless, I have always considered that because this
.y ;,htnds through Mr. Maas's
tland equitable considerations,
some part of the cornm-
1 which I might ultimately recover.
1Basletter of September 5,
. *. I. *:: *
it" : attorney whom I I
it :4 ~ ..^ .: -
1928, the claimant states that Mr. Maas
on a contingent
- a a
stiont with my claim against the Cunard Line and whose estate
Hiram m= m J1 Imm
* .A ..
attorney, in connection with the claim against the Cunard Steamship
Company, because, in
Section 9 of
of the American
Sgeid place. in so far as the services in the claim against the Cnnard
Steamship Company are concerned the, pymen4o
claimant, contin nt
upaon a recovery from the steamship company, which was
the services performed
he sole question to be decided
therefore, is what is t
reasonable fee to be paid to this attorney in this case
In January, 1919, a memorial
was filed by th
of the claimant with the Department of State,
for damages to the extent of $40,000, on account of persona
loss of income from business
, and expenditures for medical care and
to the extent of $1,000, by reason
of loss of personal
On April 29, 1920, the attorney was informed
that the memorial,
and presence on board the vessel of the personal proper a
as to the amount alleged to have been spent by claimant-
the amount of income lost by reason of
sjnsiitted by the Department of State to the American Agency
SA rationn by this Commission.
am- '. :
ilay 22, 1923, the attorney was r
t to obtain corroborative evidence
ait on board the vessel at the time of the disaster and
presence on board
d to have been lost.
After some delay
verified by the claimant's wife.
Egust 16, the attorney was requested to obtain further evidence
occupation and earning capacity of the claimant both before
mation as may be available on the question of hi
l"t, and on November 21, a supporting affidavit,
.. brother and former partner, were for*
verified by the
in principle the Lusitania group of claims, but there remained
itiiosideration of each claim to determine the measure of damages
ight of each claim
peculiar set of facts.
I:) .. A.,..
was taken up for consideration between the German Agent
In accordance with the policy which had
i^ :."$:E:":: :':'.-^ *: *
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t the injur:
rhn~ J .W Lu
.d. -l. ,.
a : : .' ." :f' .. L'>
ii" U i ." "
mm r a.T mm mm
y the German Agent in dealing with Luaitaia claims,
question as to the claim for property lost, or its value.
se reasons, he would not agre6 to an award in respect
a I I -- -
'4- ,- .v
,', 7 .
UNIVERSITY OF FLORIDA
Si 3 11l62 1 1 1010111 2I0I
3 1262 08484 2029
No brief on wiy question of law or fact was filed by *i4
with the American Agent, and no conference were hpid bby
was filed by this attorney in response
requests of the
by the claimant himself.
by the American Agency in making these requests,
and as poi
inm opposing an
item of the claim was inadequately established.
the personal property lost was based upon the printed form
cation, furnished by the Department of State,
as above stated,
The attorney states that his cash disbursements and expend
a nominal amount and are included in his charge for servi
fact that the
payment of any fee in
payment of an award
that no claim iM]
by the attorney for disbursements or expenses, is given
, therefore, considering the character and extent and
the services rendered by him, and in view of the circumstaa ..:
the services rendered by him, and in iew of the circumstand'
, and the considerations stated in the general Adm
and Jurisdictional Decision of September 28, 1928, and after
examination and full
consideration of the information fur
this proceeding by the attorney and the claimant, and by the
of this Commission pertinent to the questions involved, and a4
as the rf
fee to be paid by the claimant, Oscar F
mond Ballantine, in
this case, the sum
Grab, to this attorney
of Twelve Hundred I
($1.200), the said fee to be uaid bv the claimant and received