Hines v. Stein

• Decision Date: 27 April 1936
• Docket Number: No. 659,659
• Citation: 298 U.S. 94,56 S.Ct. 699,80 L.Ed. 1063
• Parties: HINES, Adm'r of Veterans' Affairs, v. STEIN. *
• Court: U.S. Supreme Court

298 U.S. 94

56 S.Ct. 699

80 L.Ed. 1063

HINES, Adm'r of Veterans' Affairs,

v STEIN.^*

No. 659.

Argued April 6, 7, 1936.

Decided April 27, 1936.

Messrs. James T. Brady and Edward E. Odom, both of Washington, D.C., and Y. D. Mathes, of Houston, Tex., for petitioner.

[Argument of Counsel from pages 94-96 intentionally omitted] Mr. David A. Reed, of Pittsburgh, Pa., for respondent.

Mr. Justice McREYNOLDS delivered the opinion of the court.

Respondent, as guardian for her son, an incompetent veteran, applied to the court of common pleas, Allegheny county, Pa., to whose orders she was subject (50 P.S.Pa. § 941 et seq.), for permission to pay 'out of the funds in her hands the sum of $100.00 to Hallock C. Sherrard, Esq., for his services and expenses and making the trip to Washington, D.C., to represent her in her claim for her said son's estate before said Board of Veterans' Appeals.' The Administration had discontinued the veteran's compensation of $100 per month, upon the ground that disability existed prior to enlistment. Request for reinstatement was set for hearing before the Board of Veterans' Appeals at Washington, March 28, 1934. Respondent held for the estate $2,000, apparently pension money received from the Veterans' Administration. Mr. Sherrard had represented her since appointment and acted upon her request.

Petitioner, Frank T. Hines, appearing by counsel, admitted rendition of the services as stated. Reasonableness of the charge, if not inhibited by law, was not questioned. He denied the guardian's authority to contract for the expenditure and insisted that the application for permission to pay was not according to law. He asked that the prayer be limited to actual expenses incurred and a fee of $2.

The court of common pleas granted the guardian permission to pay as she had prayed; upon the Administrator's appeal, the superior court approved; the Supreme Court refused further hearing.

Petitioner submits that Congress, proceeding within its delegated power, directly, or through authorized executive action, has prescribed permissible fees for services such as those rendered by Sherrard, and directed how they may be paid. Also has inhibited payment of other or different sum in any manner.

We need not consider the extent of congressional power in this regard, since we are of opinion that, properly construed, the provisions relied upon do not apply where payments like the one here involved are directed by a state court having jurisdiction over the guardian of an incompetent veteran.

The petition for certiorari asserts that the objections to respondent's application to the court of common pleas were based upon the President's Order of March 31, 1933 No. 6098, 38 U.S.C.A. § 700 et seq. note (Veterans' Regulation No. 10), permitted by sections 4 and 7 of the Act of March 20, 1933, c. 3, 48 Stat. 9, 38 U.S.C.A. §§ 704, 707; 'Instructions' promulgated by the Administrator under authority of that Order; and sections 111, 114, and 115, title 38, U.S.C.A.

It is true that the provisions cited place general restrictions upon the fees of attorneys in connection with pension matters and prescribe the method of payment. But we find nothing in any of these acts of Congress which definitely undertakes to put limitation upon state courts in respect of guardians or to permit any executive officer, by rule or otherwise, to disregard and set at naught orders by courts to guardians appointed by...