Fee Agreement with Fitzgerald & Co.
This is the "Articles of Agreement" — the fee/retainer contract between Elias Roberts and his pension attorneys, Fitzgerald & Co. of Washington, D.C., fixing their fee at a flat $25, payable only if his pension claim was granted. Roberts signed the agreement at Hockley, Harris County, Texas, on July 31, 1888, before witnesses J.R. McCasland and G.G. Dupree and notary H. Paul Georgi; the firm accepted the agreement in Washington on August 18, 1888, through L. C. Fitzgerald. It was received by the Pension Office on November 5, 1888.
Full Transcription
(circular receipt stamp, upper right, partly legible: "U.S. ... NOV 5 [18]88 ... S")
(Return both Copies to Fitzgerald & Co.)
This form of fee agreement is prescribed by the Commissioner of Pensions and approved by the Secretary of the Interior, July 8, 1884, under the provisions of the Act of Congress approved July 4, 1884
ARTICLES OF AGREEMENT.
TO BE EXECUTED IN DUPLICATE WITHOUT ADDITIONAL COST TO CLAIMANT.
Whereas I, Elias Roberts, late a Private in Jas. Gillespie's Company, of the Hays Regiment of Texas Volunteers, war of with Mexico, having made application for pension under the laws of the United States:
Now this agreement witnesseth: That for and in consideration of services done and to be done in the premises, I hereby agree to allow my attorneys,
FITZGERALD & CO., of Washington, D. C.,
THE FEE OF TWENTY-FIVE DOLLARS, which shall include all amounts to be paid for any services in the furtherance of said claim; and said fee shall not be demanded by or payable to my said attorneys, in whole or in part, except in case of the granting of my pension by the Commissioner of Pensions; and then the same shall be paid them in accordance with the provisions of Sections 4768 and 4769 of the Revised Statutes, U. S.
Signed in the presence of:
J.R. McCasland
G.G. Dupree
(Signatures of two witnesses who can write in every case.)
Elias Roberts
(Signature of Claimant.)
Hockley, Texas
(Address, giving Post-office, County and State.)
To be executed before any officer competent to administer oaths.
State of Texas, County of Harris, ss:
Be it known, that on this, the 31st day of July, A. D. 1888, personally appeared Elias Roberts the above named, who, after having had read over to him in the hearing and presence of the two attesting witnesses the contents of the foregoing articles of agreement, voluntarily signed and acknowledged the same to be his free act and deed.
H. Paul Georgi
(Official signature.)
Notary Public, Harris County, Texas.
(Official Title.)
[L. S.]
☞Leave the following blank for FITZGERALD & CO., Attorneys, to sign.☜
And now, to wit, this 18th day of August, A. D. 1888, we accept the provisions contained in the foregoing articles of agreement, and will, to the best of our ability, endeavor faithfully to represent the interests of the claimant in the premises. We hereby certify that we have received from the claimant above named the sum of $ None and no more; $ ......... being for fee, and the sum of $ ......... being for postage and other expenses. And that these agreements have been executed in duplicate without additional cost to the claimant, as required by law, in excess of the fee above named, the said attorneys making no charge therefor.
Witness my hand the day and year above written.
Fitzgerald & Co
(Signature of attorneys.)
District of Columbia, City of Washington, ss:
Personally came L. C. Fitzgerald for FITZGERALD & CO., whom I know to be the person he represents himself to be, and who, having signed above acceptance of agreement, acknowledged the same to be the free act and deed of said firm.
Witness my hand and seal this 18th day of August, 1888.
[L. S.] ......................... (Notary Public signature, illegible)
Notary Public.
Commissioner's Approval.
APPROVED FOR ......................... DOLLARS, and payable to FITZGERALD & CO., of Washington, D. C., the recognized attorneys.
(page cuts off here)
