REPORTS OF CASES ARGUED AND DETERMINED IN THE CIRCUIT AND DISTRICT COURTS OF THE UNITED STATES. SIXTH JUDICIAL CIRCUIT. UNITED STATES v. ALEXANDER L. SNOW. CIRCUIT COURT-EASTERN DISTRICT OF TENNESSEE-MARCH 26, 1877. CHARGES FOR COLLECTING PENSION.-To an indictment for retaining a greater sum than the statutory allowance for collecting a widow's pension, it is a good plea that the husband of the applicant, for whose services the pension was sought, was charged on the rolls of the War Department as a deserter, and that it was agreed between defendant and the applicant that he should receive one-half of the first payment on account of the pension, less costs and expenses, for his services in causing such charge to be removed. United States v. Snow. To an indictment for a violation of Revised Statutes, § 5485, in retaining a greater compensation than allowed by law for prosecuting a claim for a widow's pension, defendant pleaded that the husband of the applicant for whose service the pension was sought, was charged on the rolls of the War Department as a deserter; that no pension could be allowed till such charge was removed; that it was accordingly agreed between him and the widow that he should receive one-half of the first payment on account of the pension; (such payment being about $1,200,) less his costs and expenses, for services in causing such charge to be removed, and the further sum of $10 for prosecuting her claim for the pension, all of which was done, etc. To this plea the District Attorney demurred. George Andrews, District Attorney, for the United States. W. O. Henderson, for defendant. BROWN, J.-By Revised Statutes, § 5485, it is provided that "any agent or attorney, or any other person instrumental in prosecuting any claim for pension or bounty land, who shall directly or indirectly contract for, demand or receive, or retain a greater compensation for his services" than is elsewhere provided, "shall be deemed guilty of a high misdemeanor." This compensation is "such as the commissioner of pensions shall direct to be paid to him, not exceeding $25; § 4785. And in case no agreement is made with the applicant, and filed with, and approved by, the commissioner, the fee shall be $10, and no more; § 4786. The section first above quoted being not only penal in its character, but in derogation of the common law right of every person to make his own bargain, should receive a strict United States v. Snow. construction. The design of the act was to prevent exorbitant charges being extorted by pension solicitors from a class of persons who are usually illy able to pay them, or to assert their rights against parties who hold the money in their hand's. It was intended to fix a fair compensation for the labor usually and ordinarily necessary in obtaining a pension, but not for extraordinary services performed in a different department for a different purpose, although the ultimate object of those services may be the obtaining of a pension. The labor involved in procuring a widow's pension is ordinarily very slight, consisting merely in filling out a blank petition and affidavits showing the enlistment and death of the soldier, his marriage to the petitioner, and the number and ages of her minor children. The records of the War Department are then referred to to confirm the fact of enlistment and death. For these services $10 was regarded as a fair compensation, although the parties may contract for the payment of $25, provided a prior agreement be made to that effect, and filed with, and approved by the commissioner. Clearly the statute covers only services, and the attorney would still be entitled to charge for expenses incurred in procuring testimony. But in the case under consideration, defendant was called upon to perform a service entirely distinct from that usually required in such cases. The soldier was registered as a deserter on the rolls of the War Department, and until that charge was disproved his widow could not recover her pension; § 2438, 4749. Although in the particular case the service was performed in aid of the pension, it was essentially a distinct service and might have been required for another and different purpose. A deserter loses his right of citizenship, § 1996; he cannot enlist in the army or navy of the United States, §§ 1118, 1420; and an officer mustering him in would be subject to punishment, § 1342, article 3. The records of the War |