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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THE


UNDER


CLAIMS


STATES


DECISION


THE


UNIV. OF FL L.


U.S.


COMMISSIONER


COMMISSION


AND


NO.


IN THE MATTER OF


FIXING
AGENTS


FEES


FOR


AUTHORITY


THE SETTLEMENT OF WAR



DOCKET NO.


Williamz

Morton


CLAIMS


ATTORNEYS


SECTION


ACT OF


15223



C laimant


Jler, Attorney


CHANDLER


ANDERSON


American Commissioner


II S. IOVf NUFNT PNINTIMN flPIeP on, W


DEo6IT9w.l


AMERICAN


MIXED


UNITED


GERMANY


REASONABLE


OR
9 OF


1928 "


Streu~bel, jr.,


, ..









































MIXED CLAIMS COMMISSION, UNITED STATES AND GERMANY

Established in pursuance of the Agreement between the

United States and Germany of August 10, 19i2


CHANDLER P


ANDERSON


Amerim Comnissioner


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THE


MIXED


CLAIMS


COMMISSIONER

COMMISSION


UNITED


STATES


AND


GERMANY


DECISION NO. 73

IN THE MATTER OF


FIXING


AGENTS


REASONABLE


UNDER


FEES


FOR


THE AUTHORITY


ATTORNEYS
OF SECTION


OR


9 OF


THE


" SETTLEMENT


WAR


CLAIMS


ACT


1928


DOCKET NO. 1


5223


Williaman
ltorton


~S1 teu~b ci, jr'


Zaller.,


, Claihn.ant
At t or y


The above-named claimant has duly filed with the American Com-


missioner a written request that he fix a


reasonable fee to be paid


him to


his attorney. Morton


Zaller, of Cleveland,


Ohio, as


compensation for whatever services have been rendered by him on


behalf of the claimant, such


services being allegedly of the character


described in the provisions of Section 9 of the Settlement of War
Claims Act of 1928 ".
The claimant has objected to the amount of the fee asked by the
attorney on the grounds that it is excessive, and the attorney has


AMERICAN




T


482


thereon


1925, to t]
of unpaid


rate of five


date


payment,


coupons in


cent
which


amount


per annun
i amount
f Marks 1


from February 5,


represents


,030


value


maturing up


and including July 2, 1921


on German Government war loan bonds


purchase<
City, by


and


which


i


from


Transatlantic


claimant's father,
;h claimant inherit


Trust


Company,


Wilhelm Streubel,


from his


New


on January


York
1911,


father through his mother.


The claimant has not yet received


Treasury
The at
of $100,


payment of this award from the


Department.


torney
and e3


requests


rflancsnc


as compensation


amounting to


services


$75.00.


adds,


sum


however,


his letter of July


15, 1930, to the American


Commissioner, that:


I do not know whether the Commission allows fees in addition to the amount
of the award, nor do I know the exact amount of the award at this time.


If the Commission


claimant,


course,


does
my 1


not award fees


fee and


expense


in addition


request


to the


of $175.00


award


to the


out of the


question in


view


the amount


award,


which,


have


been


given


understand, is less than $200.00.


affidavit


"there


filed


written


this


definite


proceeding


attorney


understanding


states that
Storms of


employment ".
It appears from the records of this Commission that the claimant


on June


1928


informed


the American Agency


before this


mission by letter that he had "War bonds of 15,100 Mark. 5%


Also


interest coupons


he asked


which


be informed how to


weren't
proceed


redeemed."


"to


this


money


Corn-
issue.
letter


back "


this


letter


that the Agency


SAgency
has had


replied


that


"this is the


a possible claim on


your


first intimation


behalf "


that


time


limit


filing


claims


before


this


Commission


had


pired


on April 9,


1923; that by reason of the recently enacted "Set-


tlement of War


Claims


Act"


President


was


authorized


to ne-


gotiate with Germany extending the jurisdiction of this Commission


to all


claims filed before July


1, 1923,


and


that his letter was being


referred


wrnfo


Department


. IA


State.


the rl aim -nnt+ an .TIna QLA


The
1 999


Department


State


cii acrnaftri a ~fho "rnu


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483


passed


directly


between


Agency


and


claimant


and


evidence


in support of the claim was forwarded to the Agency by the claimant.


was


until


March


1930


a month


after


award


had


been


rendered


that


attorney


herein


communicated


with


Agency with reference to this claim,


and in reply to


this


attorney's


letter of March 24, 1930,


the Agency wrote him


on March 26, 1930,


stating:


are authorized


to represent


claimant


submit


to the Agency


your


power of attorney.


Your letter of March 17 is the first intimation the Agency


has had that you were connected with the case.


While


correspondence


from


other


attorneys


appears


the files,


claimant does not indicate in his answers to Questionnaires that any attorney


is authorized


to represent him


indeed nearly


all the evidence


was


sent


in by the claimant direct.
There was only one other


It was dated April 25,


letter from the attorney to


1930, and


the Agency.


was a mere inquiry as to when the


amount


award


would


paid


There


is also


in the


files


Commission


attorney


herein


a power


in response


attorney,
ie Agency


apparently


request


filed


March


1930.


This power of attorney is dated March 31,


by the claimant and


1930, and is signed


wife authorizing this attorney to


negotiate


" with any and all


parties


necessary


in effecting


an adjustment and


collection


claims against corporations or individual


Germany


in connection


claim


with


on behalf


the estate


of William


William


Streubel


Streubel


or this claimant


No
was


"estate"
pending


before thi


Commission at that time.


Although


states that
diately pr


considerable


attorney,


" he


*eceding


in hi


represented


January


correspondence


affidavit


filed


claimant since


1930


with


proceeding,


sometime


. that


Mixed


Claim


imm1lle-


conducted
Commis-


sion


: has


visited


consulted


offices


with


client


the Mixed


regarding
Claims Ca


g evidence
commission


required; has
I Washington


personally


and


consulted


with


counsel


Commission


there;


submitted


evidence


and


applied


it does not appear from the records of thi


payment of
; Commission


award"


as reviewed


~F~I
El







484


4


by the attorney


and


the claimant, and


by the


records of


this


Corn-


iBssion pertinent to the questions involved,
ton thereon, -


and


after due


delibera-


The


American


Commissioner


decides


that


attorney


herein,


Morton S. Zaller, has not rendered any services in the presentation,


prosecution and


collection


of this claim,


as defined in Section 9 of


"Settlement of War


Claims


Act


1928 ".


and


that


therefore


no fee for such services can be fixed by the American Commissioner.


Done at Washington, D. C.


this 14th lday of September, 1931.
CHANDLER P. AnnERsoN,


American
Moed


United


Comimssioner,


Ulaims


Commnision,


States and


Germany.


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