.MTA2NA.NzIyNjA: Difference between revisions
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prosecute his claim & receive so much: but the greater portion has been paid simply on proof that the Attorney was employed in prosecuting the claim, without any evidence of agreement with the Indian or authority from him to draw the money. [The following memoranda relate to the same subject: Cases of claims for compensation for services performed in prosecuting reservations claims before the late Cherokee Commissioners, where allowances were made by the Commissioners of Indian Affairs or the Cherokee Commissioners, without the claims being accompanied by proof of employment, or the production of power of attorney. 1. the case of G.W Rice vs Eight-Killer, a reservee, the Commissioners awarded the reservee $3,840:00 John F. Gillespy Esq. attended to the claim for Elijah Rice, Attorney for the Indian, and was allowed by the Commissioners and paid by this office $288 for his services -- being 7 1/2% on amount awarded reservee. On 13th March last, Hon: H.L. Turney prosecuted the claim of Elijah Rice and requested the balance due Indian to be paid to him on power of attorney.. This the | prosecute his claim & receive so much: but the greater portion has been paid simply on proof that the Attorney was employed in prosecuting the claim, without any evidence of agreement with the Indian or authority from him to draw the money. [The following memoranda relate to the same subject: Cases of claims for compensation for services performed in prosecuting reservations claims before the late Cherokee Commissioners, where allowances were made by the Commissioners of Indian Affairs or the Cherokee Commissioners, without the claims being accompanied by proof of employment, or the production of power of attorney. 1. the case of G.W Rice vs Eight-Killer, a reservee, the Commissioners awarded the reservee $3,840:00 John F. Gillespy Esq. attended to the claim for Elijah Rice, Attorney for the Indian, and was allowed by the Commissioners and paid by this office $288 for his services -- being 7 1/2% on amount awarded reservee. On 13th March last, Hon: H.L. Turney prosecuted the claim of Elijah Rice and requested the balance due Indian to be paid to him on power of attorney.. This the Commissioner of Indian Affairs refused to do ; but it appearing from the testimony of Mr. Gillespy, that George W. Rice procured the witnesses, took the evidence and was very active with his assistance in prosecuting the claim , the Commissioner of Indian Affairs allowed the said George W. Rice 25% on the balances due reservee. 2. Case of G.W. Churchwell vs Heir of Austin Rider. Cherokee Commissioners awarded the heirs of Rider $1,172:00 Churchwell claimed 10% for his services in prosecuting the claim and was allowed and paid that amount by Commissioner of Indian Affairs, on the testimony of Thos. W. Wilson, one of the Commissioners who certified that Churchwell argued the case, and gave it as his opinion that 20% was not a high fee. In this case Mr.C stated that he was "directed by Caleb [Starr?], the attorney in fact, and father of Mr. Rider, to attend to the case.The heirs were 13 in number, including the widow. 3. Case of Churchwell vs Heirs Samuel Candy. Churchwell claimed 10% on amount awarded , viz: $3.220.00 and was allowed and paid that sum on the certificate of Mr.Wilson above referred to, who certified to the fact of services rendered, but here was no evidence of employment. There are other cases where attorneys have received compensation for prosecution of claims of some character on evidence of evidence of employment by one or more of their heirs; and have been paid for said services out the aggregate amount awarded by Commissioners. | ||
3. Case of Churchwell vs | |||
Churchwell claimed 10% on amount awarded , | |||
and was allowed and paid that sum on the certificate of Mr.Wilson above referred to, who certified to the fact of services rendered, but here was no evidence of employment. | |||
There are other cases where attorneys have received compensation for prosecution of claims of some character on evidence of evidence of employment by one or more of their heirs; and have been paid for said services out the aggregate amount awarded by | |||
Statement B | Statement B | ||
Statement of the amount stipulated in the Cherokee treaty, and of the additional ones provided by Congress towards carrying into effect, and showing particularly the dispersion made of them. | Statement of the amount stipulated in the Cherokee treaty, and of the additional ones provided by Congress towards carrying into effect, and showing particularly the dispersion made of them. |
Latest revision as of 14:27, 15 July 2020
prosecute his claim & receive so much: but the greater portion has been paid simply on proof that the Attorney was employed in prosecuting the claim, without any evidence of agreement with the Indian or authority from him to draw the money. [The following memoranda relate to the same subject: Cases of claims for compensation for services performed in prosecuting reservations claims before the late Cherokee Commissioners, where allowances were made by the Commissioners of Indian Affairs or the Cherokee Commissioners, without the claims being accompanied by proof of employment, or the production of power of attorney. 1. the case of G.W Rice vs Eight-Killer, a reservee, the Commissioners awarded the reservee $3,840:00 John F. Gillespy Esq. attended to the claim for Elijah Rice, Attorney for the Indian, and was allowed by the Commissioners and paid by this office $288 for his services -- being 7 1/2% on amount awarded reservee. On 13th March last, Hon: H.L. Turney prosecuted the claim of Elijah Rice and requested the balance due Indian to be paid to him on power of attorney.. This the Commissioner of Indian Affairs refused to do ; but it appearing from the testimony of Mr. Gillespy, that George W. Rice procured the witnesses, took the evidence and was very active with his assistance in prosecuting the claim , the Commissioner of Indian Affairs allowed the said George W. Rice 25% on the balances due reservee. 2. Case of G.W. Churchwell vs Heir of Austin Rider. Cherokee Commissioners awarded the heirs of Rider $1,172:00 Churchwell claimed 10% for his services in prosecuting the claim and was allowed and paid that amount by Commissioner of Indian Affairs, on the testimony of Thos. W. Wilson, one of the Commissioners who certified that Churchwell argued the case, and gave it as his opinion that 20% was not a high fee. In this case Mr.C stated that he was "directed by Caleb [Starr?], the attorney in fact, and father of Mr. Rider, to attend to the case.The heirs were 13 in number, including the widow. 3. Case of Churchwell vs Heirs Samuel Candy. Churchwell claimed 10% on amount awarded , viz: $3.220.00 and was allowed and paid that sum on the certificate of Mr.Wilson above referred to, who certified to the fact of services rendered, but here was no evidence of employment. There are other cases where attorneys have received compensation for prosecution of claims of some character on evidence of evidence of employment by one or more of their heirs; and have been paid for said services out the aggregate amount awarded by Commissioners. Statement B Statement of the amount stipulated in the Cherokee treaty, and of the additional ones provided by Congress towards carrying into effect, and showing particularly the dispersion made of them.