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:
AA00008543:00041

Full Text









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CLAIMS


STATES


DECISION


COMMISSIONER


COMMISSION


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GERMANY


NO.


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'tfealAONABLE

84TDER' THE
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FEES


FOR


AUTHORITY


OF


SKET


. Grab, ..Ola moant

Ballantine, Attorney


ER P


ANDERSON


"n Commissioner


ATTORNEYS

OF SECTION


WAR


OR


CLAIMS


ACT


9 OF


1928"


OF


NO.


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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMAH~


Established in


United


pursuance of the


Germany


Agreement
of August


between


1922


CHANDLER


ANDERSON


States


Amrican Commissioner

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MIXED


UNITED


COMMISSIONER


COMMISSION


AND


GERMANY


DECISION NO. 47


IN THE MATTER OF


REASONABLE


UNDER


THE


FOR


AUTHORITY


* ATTORNEYS

OF SECTION


OR


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Oscar F


Raymond B


it has objected


WAR


CLAIMS


. Grab, Claimant

'allantine, Attorney


of New


ACT


1928"


York City, New


the amount of the fee asked by the


AMERICAN


CLAIMS


STATES


FEES


"SETTLEMENT


DOCKET NO.


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





284


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


this


Commission


on February


1924,


$1,080,


with


interest


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


per annum


amount


from November


represents


damages


1, 1923,


personal


the date of


injuries


payment,
suffered


which


iJie


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-


ing that


September,


1915,


claimant


retained


Mr.


Charles


Maas,


of 87


against


and


loss


Nassau
Cunard
personal


Street,


New


Steamship
property


York


City,.


Company
sustained I


prosecute


personal


claimant


his claim


injuries


when


Lzuitania
per cent.


was


sunk,


agreeing to


Mr. Maas employed Mr


pay


him


Ballantine,


a contingent


fee of fifty


who was then a tenant


of part of the office space leased


Mr. Maas,


assist him in


prosecution


claim,


agreeing


pay


him


one-third


any


amount which he might receive from hi


retainer from the claimant.


An action


was commenced


United


States


District


Court for


the Southern District of New


York against


the steamship company,


recover


damage


in the


amount of


$16,000.


The


company insti-


tuted limitation of liability proceedings.
Maas was appointed Naval Attach6 at thE


In the summer of 1917, Mr.
SUnited States Embassy at


Paris.


He died in


Paris in


1919.


Mr.


Ballantine appeared


for the


claimant in


the trial


of the Cunard


Steamship Company case.


Thi









|%y, but ho definite percentage of the recovery was fixed as the
t my compensation."


~%ie
0 S.


letter of August 17, 1928, the claimant states:


hie United


States


Government


brought


action against


Germany


claimants,


necessary


Ht al Balantine's assistance.
1 .:


affidavits


That is all


were


prepared


furnished


that Mr. Ballantine has done in


With the claim against the German Government.


H
~'r
K. L. -. -


however,


that


-still leave open


"any
claim


settlement


of the


with


widow


him


on. any


of Charles O.


basis
Mass,


*fek that she is entitled to 50% of the amount paid to Mr. Bal-
ft.who is not willing to entertain that proposition."


rt *....


affidavit


iltv not know whether
. "" .....


, verified August 27, 1928,


Mans's


- V


retainer


the attorney states


Mr. Grab


was


written


*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 : .*


..: .


Government.


When


Mr. Maas retained


me to assist him


in the


against the Cunard Steamship Company we discussed that action alone.


a". :t. r" .." e
&'-:- not retain me in connection
L 7. *


with


the claim


against the German


Gov-


C H~.
iIw&ta


I do not recall that Mr. Maas and I ever discussed the possibility of


Mr. Maas's


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,


at least


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


.7:.
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NgflkQve.


Government.


Because of these facts,


me had contemplated the rendering of


of our agreement


I do not recognize that Mr. Maa


s's estate has


necessarily


became


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,


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original
pay to


connection with


his estate


matter came


would


upon


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


ad


retained


on a contingent


basis in


- a a


stiont with my claim against the Cunard Line and whose estate


,1 *


= =
z i


mm


.-aMa/,


Hiram m= m J1 Imm


f


i




628
286


* .A ..
. .


The


Americani


Commissioner


can


take


into consideration


work


done


attorney,


or by


Maas,


who


employed


this


attorney, in connection with the claim against the Cunard Steamship


Company, because, in


first place,


provision


Section 9 of


thae Settlement


of the American


of War


Claims


Act


Commissioner


1928 "
fixing


limit


authority
r services


fees


rendered


only


in proceedings


before


this


Commission


, and,


inthe


Sgeid place. in so far as the services in the claim against the Cnnard


Steamship Company are concerned the, pymen4o


Maas


was,


according


statement


claimant, contin nt


upaon a recovery from the steamship company, which was


Moreover.


appears


from


record


Commission


that


the services performed
scgVcesi


connection


"with


proceedaings before


the


(


hor," were
proceeding. T


jonissioni
performed


Mr.


and


with


Ballantine,


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,


is attorney
setting Tor


sm


for damages to the extent of $40,000, on account of persona


loss of income from business


, and expenditures for medical care and


treatment, and


property.
physicians.


This


to the extent of $1,000, by reason


memorial


was


supported


of loss of personal
a aida


On April 29, 1920, the attorney was informed


that the memorial,


as filed,
claimant


omitted


corroborative


American


documentary


nationality,


as to


evidence


asto


ownership,


value,


and presence on board the vessel of the personal proper a


and (3)


as to the amount alleged to have been spent by claimant-


for medical


treatment


and


the amount of income lost by reason of


impairment


physical


condition.


form


application.


M:.
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sjnsiitted by the Department of State to the American Agency
SA rationn by this Commission.
am- '. :


h 4
ilay 22, 1923, the attorney was r
t to obtain corroborative evidence


equested


as to


B American
presence of


ait on board the vessel at the time of the disaster and


ownership,


value, and


presence on board


the vessel


of the


d to have been lost.


After some delay


in following


attorney


supplied


this


evidence


form


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


injury


here


suffered.


After


.first


requesting


more


instructions,


Sto-day


attorney


written Mr.


Grab


wrote t
asking


American


him


furnish


mation as may be available on the question of hi


0eapacity."


November


affidavit,


l"t, and on November 21, a supporting affidavit,
.. brother and former partner, were for*


K",
4
......
S
hi'
~m..rae
H
*!~j.~; *
t>ill
h
Hi.
I;:


Ic


>vember


1 the


Commission rendered


Agency,
me with
reduced


verified


verified by the


yarded


an opinion


which sus.


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.


Shortly thereafter,


Lv4cbI*srn
I:) .. A.,..
~'t~ 'A.


was taken up for consideration between the German Agent


merican Agent.


In accordance with the policy which had


ted


i^ :."$:E:":: :':'.-^ *: *
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hedl no
Ie Aoiltended,
t the injur:
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or th(


y the German Agent in dealing with Luaitaia claims,
question as to the claim for property lost, or its value.


however,


Les


shown


submitted


that
were


case


permanent


established


presented


in their


that no


failed


nature,


damages had


to establish


and


that


been suf-


se reasons, he would not agre6 to an award in respect


a I I -- -


r~f


; :at~


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MBift




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


American


Agent


or his


representatives.


The


sup',',


dence in


claim


was filed by this attorney in response


accordance


with


written


suggestions


and


requests of the


Agency, and


was supplied


by the claimant himself.


by the American Agency in making these requests,


As rev


and as poi


by the


German Agent


inm opposing an


award


for personal


item of the claim was inadequately established.


The


the personal property lost was based upon the printed form


cation, furnished by the Department of State,


which


was


by the


affidavit of


claimant's


wife.


This


was


accepted


German Agent,


as above stated,


without objection.


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


this case


was


contain


recovery


and


payment of an award


and


that no claim iM]


by the attorney for disbursements or expenses, is given


American


Commissioner


fixing


a reasonable


services.


Now


, 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'


set forth


, 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


deliberation


thereon.


The American


Commissioner


decides


and


fixes


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