The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-07-31
OJR WHnI WASHINGTON LETTER
Ex-oFFlclALs AS ATTORNEYS
FOR INDIAN NATIONS.
Their Efforts May be Frustrated by the
Secretsry of the Interior Who Quotes
Specific LsW-Coatracts Already
Made May be AbroRsted.
Special to the Ardmoreite:

neys for nations of the five civilized
tribes, as well as citizens and cor
porations having business bsfore the
1 courts and the Dawes commission
| In the Territory and the department
here, are likely to be frustrated by
the secretary of the interior. The
list includes such prominent officials
as Archibald 8. McKennon, for sew
en- years q member of the Dawes
commission; former chief justice OF
the federal courts in the Territory,
William M. Springer and Mr.. e. E.
| White, who was for many years
chief of the division of Indian affairs
of the interior department. Recently
two of these gentlemen, Messrs. Nc
Kennon and White opened law offices
in the Territory, while the third,
Judge William M. Springer, is To-
Gated at Washington as the attorney
for the Cherokee and Greek nations.
Mr.. McKennon has become the
senior member of the law firm of
Mansfield, McMurray and Cornish,
one of the leading firms of South
McAlister, while Mr.. White has
| established an Office in Muskogee.
Mr.. McKennon has secured a con-
tract with the. Seminole Indians as
their legal adviser in matters before
the departments here and the courts
in the Territory. In addition to this,
the firm, of which he is n member,
holds a contract with the Ohickasaw
nation to look after their interests
before the courts and the Dawes
commission, as we'll as before the
departments here. Mr.. White is the
attorney for many applicants for
citizenship in the five, civilized
tribes, as well as land and other
cases coming before the department
here and the courts in the Territory.
Recently the attention of the Sec
retary of the interior was called to
section 100 of the Revised Statutes
of the United States, which reads as
follows: sit shall not be lawful for
any person appointed after the 1st
day of June, 1872. as an official, clerk
or employee, of any of the depart
ments, to act as counsel, attorney or
agent, in prosecuting any claim
against the United States, which
was pending in either of the depart.
ments while he was such official,
clerk or employee, nor in any man
ner, nor by any means, to aid in the
prosecution of any such claim within
two years after he shall have ceased
to be such official, clerk or en-
ployee."
AS the citizenship cases in the
Seminole and Chickasaw nations
were practically all fled before Mr..
McKennon left the Dawes commits
sion, it would seem as though he
was barred from looking after the in
terest of those nations in these cases.
In the Seminole, Ohickasaw and
Choctaw nations, the majority of the
litigation has been begun, anti-dat-
ing the retirement from Office of Nc
Kennon, Springer or White. In the
Cherokee and Greek nations, the
situation is somewhat different, the
majority of the litigation not having
begun, owing to the failure of the
tribal treaties with the government.
But this does not alter Mr.. Spring
er's status, as a contract with a
tribe is looked upon as coming with
in the provisions of section 100 of
the revised statutes. It therefore,
seems probable that the contracts
recently made with Springer and
McKennon will be abrogated.
The case of McKennon is some
what different from the others and
presents probably a finer question of
law. He is not practicing law indi-
vidually, but is associated with a
firm, which has already been ad-
mitted to practice before the depart
ment. But to Offset this, it has been
asserted that the contract made by
Mansfield, McMurray and Cornish
with the Chickasaw Indians, prior
to the time Mr.. McKennon became
the senior member of the firm. was
in accordance with an agreement
that as soon as he retired from the
commission he was to join the Arm
TO devote his time and attention to
the affairs of the Chickasaw nation.
However, this has not yet been
proven, but will probably be investi-
gated by the department.
The necessity for the exclusion of
officers and employees of the govern
ment from appearing in cases
pending before the department
at the time they left the
service, within a period of two years
is elaborately set forth in decision
handed down by Assistant Attorney
General Montgomery, in 1895, when
a question as to the copstitutionality
of such a prohibition was raised.
In that decision Mr.. Montgomery
said In part: "The last paragraph
of section 8, article /, of the United
States constitution, in defining the |
power Of congress, provided that
congress shall have power Ito make |
oil fnvUn vUhioh ehon ha