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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U.S.


HE


DEPOT


AMERICAN


MIXED


UNITED


CLAIMS


STATES


DECISION


COMMISSIONER


COMMISSION


AND


GERMANY


NO.


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IN THE MATTER OF


REASONABLE


UNDER


THE


ETTLEM NT


FEES


FOR


AUTHORITY


WAR


DOCKET NO.


Mary


Henry


. Turquand,


. Blair


ATTORNEYS


SECTION


ACT


CLAIMS


OR


9 OF
1928"


7053


Claimant


, Attorney


CHANDLER P


A merican Co ommnissioner


. ANDERSON,


















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CLAIMS


COMMISSION,


UNITED


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STATE








STATES


Established It puraance of the


Agreement between the


Tnited States and Germany of August 10, 1922





CHANDLER P. ANDERSON

American Commissioner


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AND GERMANY


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AMIVl KI AlI


CLAIMS

STATES



DECISION


MIXED

UNITED


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IN THE


LU IV.mMIlUII LtK


COMMISSION


AND



rNO.


MATTER


GERMANY


38

3F


(


REASONABLE


UNDER


THE


FEES


FOR


AUTHORITY


ATTORNEYS


SECTION


OR
9 OF


THE


" SETTLEMENT


WAR


CLAIMS


ACT


1928"


DOCKET


NO.


7053


Mary


. Twrquand,


Cia iiaitt


Henry


. Blair, 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, Henry


. Blair, of Washington


as corn-


pensation for whatever services have been rendered by him on behalf


and


with


the authority


of the


claim,


such


services


being of


i.~ '.. nn ,jn .~,, 1-.nA :~n nn nl~ .w.n nt n- re nv r. CnCn Qr nn nnC 0ln n !4inn nJ -


S- AGENTS


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which he desires to have considered by the Commissioner as showing


the i

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reasonableness of the fee asked b
: "g8


I


im, which information
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copy of which has been communicated to the attorney.


TIn this capsef an award


nn hph ilf


f o the claimant


hisCommission on August 18, 1926, for $4,000,


fl.*.A


was rendered
vs < <~i%%~:4:~


with interest thereon


at the rate of five per cent per annum


from January


1918, to the


date of payment,


which amount represents the value of certain shares


of


stock


owned
dends


i German


by the claimant,


thereon


were


corporation, an
which securities


subjected


together
together


exceptional


war


Gwith
with


certain


divi-


measures


Government of Germany.


It appears from the affidavits and document


filed


that some time


ior to September,
t, who subsequent
C arles Warner &


1921,


the claimant


a natural


born


British sub-


ly married an American citizen, retained e


Richardson,


Solicitors


hop's


Waltham,


Rants,


Engladd,


present


this claim


before


British


Clearing


Office in London, upon the supposition that she was a British subject


and entitled


the


recover through


losses sustained


her


proceedings


by reason of


before
action


that


Office,


German


Government.


Because of the change in the citizenship of the claim-


ant by reason of her marriage to an American


citizen


papers in


this case were returned by the British Clearing Office to these British


solicitors without final action thereon.


These papers were thereupon


forwarded


attorney


herein


Messrs.


Foster


Thomson,


attorneys of New


York City, by virtue of authority from the British


* The reord


*auy,


this case does not


de claimant might have had
t h ec:^Nkj~b d ^ ^ ^t jLj..*\M^ jjuu:iB- ^j ^:::j-uk~.Lb^-~K Xb- ju:::jh-d-:i~K B fK.^


disclosee
with


what


Britisi


array s
i solicitors or


the New


York attorneys.


The attorney


herein states:


I;;


o dinsims", by letter or otherwise, has ever been had with respect to my


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247

as well as the personal services rendered by me, and in view of the fact


recovery carries


interest,


be between $750.00 and


I believe that compeni


$1,000.00.


Sted a statement from Messrs. Charles
r : Thiomson. Messrs. Charles Warnei


In respect to


nation in this matter
that I have hitherto


Warner & Richardson and Messrs.
r & Richardson have written me to


a:.teit that a fee of twenty-one guineas or $100.00 would cover their costs
;a

payments, and Messrs. Foster & Thomson
nation entirely with me.


have left


the question of com-


3. attorney'


expenses and


disbursements,


Att1,. are not included in the above sugge


which


he estimates at


charge for services.


claimant,


in her


reply,


admits


that


above


statements


sieur attorney are true and correct,


"excepting only that she believes


asked


as compensation


is excessive


since


a. ..*
ht recoory bears interest is irrelevant to the- actual
..:: l'! w


amount of compensation asked i


fact


that


recovery itself,


between twenty and twenty-


cent of the principal sum," and that she considers the com-


tion in this case should not exceed fifteen
sum, or the sum of Six hundred dollars."


per cent of the prin-
The total amount re-


from


Treasury


Department


in payment


in this case was $6,117.13.


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IL pzuosecu


tan
-*i" r"


this


attorney


American


Commissioner


take into consideration the work done by the British solicitors
section with the filing of this claim before the British Clearing


because the provision


Act of


of Section 9 of the Settlement of War


1928" limit the authority


a the fixing of fees for services rendered only


Lhis Commission.
out entering int


f th
:ting


services


this


claim


American


O


a detailed


rendered
. the A


merican


discussion of
his attorney


Commissk


Commis-


in proceedings


character


in presenting
)ner, after ai


iimznation of the records in this case, agrees with the contend
Mie. attorney that the fee of $750 proposed by him as a mi


and
and


i ex-


tion of
nimum
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248


aNow,


h before the ccumistc ancTes, and m view o:


Ane


sider nations stated in the general Jurisdictional and Administrative
Decision rendered by the American Comissioner un ie
member 28, 1928, and after caretil examination and full consideration
of the information furnished in this proceeding by the attorney and


claimant


and


records


this


Commission


pertinent


questions involved, and after due deliberation thereon.


The American


Commissioner


decides


and


fixes


as the


rca so xia J


paid by the claimant, Mary


Turquand,


said at-


torney, Henry


P. Blair, in this case, the sum of seven hundred fifty


dollars ($750), in addition to whatever necessary disbursements were


expended


by this


attorney


on behalf


this


claimant


the said


to be paid by the claimant and received by the attorney as full com-


pensation for all services rendered in


prosecution


and


collection


of this


claim,


as defined


Section


9 of


" Settlement


War


Claims Act of 1928."


Done at Washington, D.


C., this 20th day of June,


1929.


CHANDLER


ANDERSON,


non,


ermcay.


Amerin Commissioner
Mixed Claims Conmisi
United States and 6

0


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UNIVERSITY OF FLORIDA


III 1I 1 1 I i IIII1 illmIiiailn
3 1262 08484 1930


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