Louis Brandeis

“ In 1911 Calhoun made a lawful agreement with Massie to prosecute the latter's claim against the United States for property taken during the Civil War (Taylor v. Bemiss, 110 U.S. 42, 3 Sup. Ct. 441, 28 L. Ed. 64) ; and Massie expressly bound himself to pay, as a fee for such services, 'a sum equal to 50 per cent. of the amount which may be collected, said fee to be a lien on any warrant,' etc.
Calhoun performed his full part in strict accordance with the contract. As a result of his proper efforts, Congress finally approved the claim and appropriated $1,900 to pay it. ”

“ Calhoun, and reverse the judgment below.
The Fifth Amendment was intended to protect the individual against arbitrary exercise of federal power. It declares no person shall be deprived of life, liberty or property without due process of law; and this inhibition protects every man in his right to engage in honest and useful work for compensation. ”

“ The case is wholly unlike the one now before us. Mr. Justice Gray took pains to explain the difference between it and Davis v. Commonwealth, 164 Mass. 241, 41 N. E. 292, 30 L. R. A. 743, where the Massachusetts court ruled that an agent of the state employed to prosecute a claim against the United States could recover compensation notwithstanding the act of Congress appropriating money to meet the claim provided that no part of such sum should be paid by the state to any attorney under previous contract. ”

“ But the same act (section 4, p. 996) provided that not more than 20 per cent. of the amount appropriated should be paid, or delivered to, or received by, any attorney for services, etc.; also:
'It shall be unlawful for any agent or agents, attorney or attorneys to exact, collect, withhold or receive any sum which in the aggregate exceeds twenty per centum of the amount of any item appropriated in this bill on account of services rendered or advances made in connection with said claim, any contract to the contrary notwithstanding. ”

“ A declaration setting forth in substance the above facts was demurred to on the ground that recovery was prohibited by section 4 of the act under which the appropriation was made. The demurrer was sustained and judgment entered thereon was affirmed by the Supreme Court of Appeals of the State of Virginia (123 Va. 673, 97 S. E. 576) . The case comes here on writ of certiorari (249 U.S. 596, 39 Sup. Ct. 289, 63 L. Ed. 794) ”

“ Calhoun prosecuted Massie's claim before the Court of Claims and secured the allowance of a motion to transmit its report to Congress,w hich thereafter made the appropriation above stated. On May 5, 1915, the government paid the $1,900 by means of two treasury warrants, one for $380 (20 per cent. thereof) , made payable to Calhoun, the other for $1,520 (80 per cent. thereof) , made payable to Massie. Calhoun demanded of Massie a further sum of $570, equal to 30 per cent. of the claim. Payment was refused ”