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:
AA00008543:00074

Full Text












THE AMERICAN COMMISSIONER
MIXED CLAIMS COMMISSION
UNITED STATES AND GERMANY


DECISION NO. 26
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"


DOCKET NO. 2563


Lizzie Samoilescu., as General Guardian of Hannah Samoilescu,
an Infant, Claimant


Isaae Steinhaus, Attorney


CHANDLER P. ANDERSON
A merican Corn missioner


U.S. GOVERNMENT PRINTING OFFICE: 1929






























MIXED CLAIMS COMMISSION, UNITED STATES AND GERMANY

Established in pursuance of the Agreement between the
United States and Germany of August 10, 1922


CHANDLER P. ANDERSON
American Comamissioner
(n)












I











THE AMERICAN COMMISSIONER

MIXED CLAIMS COMMISSION

UNITED STATES AND GERMANY


DECISION NO. 26

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 "


DOCKET NO. 2563


Liszie Sam.oilescu, as General Guardian of Hannah Samoilescu, an
infant, Claimant
Isaac Steinhaus, Attorney


The above named claimant has duly filed with the American Com-
missioner a written request that he fix a reasonable fee to be paid
by her to her attorney, Isaac Steinhaus, of New York City, N. Y.,
as compensation for whatever services have been rendered by him
on behalf of and with the authority of the said claimant, such serv-
ices being of the character described in the provisions of Section 9
of the Settlement of War Claims Act of 1928."
It now appears that the attorney in this proceeding has made an
application to the Supreme Court of the State of New York for
an order fixing the fees.to be paid to him by the aforesaid Hannah
Samoilescu, for services rendered by him in the matter of her claim
before this Commission, and that the Court has appointed a referee
to hear and report his findings in the matter of the attorney's fees,
and has also appointed a special guardian on behalf of the said
infant.


37876-29


(181)





182


It further appears that the special guardian has moved to stay
the proceedings before the referee, contending that although the
Court has jurisdiction to fix the fees of the attorney representing
the infant for services in the prosecution of her claim before this
Commission, nevertheless, under the provisions of the Settlement
of War Claims Act of 1928," the American Commissioner must first
determine what is a reasonable fee for the services rendered in
securing the award rendered by this Commission. This motion has
been denied by the Court in a decision rendered on December 19th,
last, a copy of which has been transmitted to the American Com-
missioner, on the ground that the fee agreement made with the at-
torney on behalf of this infant claimant is subject, to the approval
of the Special Term of the Supreme Court under Section 474 of the
Judiciary Law of the State of New York, which provides that:
Whenever such a contract shall have been entered into between an attorney
and a guardian of an infant, upon the recovery of a judgment, or the obtaining
of an award in behalf of the said infant, or upon any compromise or settlement
of such claimant, the attorney may apply, upon notice to the guardian, *
to a Special Term of the Supreme Court in case the recovery, award, compromise
or settlement was not had in any court of this state, for an order fixing a
reasonable fee for the services rendered in behalf of said infant.
The decision of the Court holds, in conclusion, that:
It is obvious that this court must fix the fees of the attorney whether or not
they have been determined or allowed by the Mixed Claims Commission. This
court is not deprived of its jurisdiction. Accordingly I believe it is proper for
the referee to proceed with the reference and report his findings to the court.
By reason of the proceeding pending in the Supreme Court of
New York, it is evident that the attorney in this case will not be
permitted to collect an excessive fee. The fee to be fixed in that
proceeding for the attorney in this case will be for an amount ap-
proved by the Court, which must necessarily be regarded as a reason-
able and satisfactory fee under the law of the State of New York.
The primary purpose of the fee-fixing provisions of the Settlement
of War Claims Act of 1928 was to prevent the collection of exces-
sive fees by attorneys and to fix reasonable fees for them in cases of
dispute. This purpose will be fully accomplished in this case by
the proceedings pending in the New York Supreme Court and, in-
asmuch as the Settlement of War Claims Act of 1928 merely
authorizes and does not direct the American Commissioner to fix






183


reasonable fees, it rests in his discretion to refuse to take such action
when, as in this case, the result desired by Congress in enacting this
legislation will be fully accomplished without his intervention.
In view of these considerations, the American Commissioner con-
siders that it is not desirable or appropriate for him to undertake to
fix the attorney's fees in this case.
Done at Washington, D. C., this 26th day of January, 1929.
CHANDLER P. ANDERSON,
Amenican Commissioner,
Mixed Claims Commission.,
United States and Germany.
















































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