The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-02
RULING ON INDIAN CLAIMS.
No Big Fees for Attorneys in the
ChOctaW Nation Litigation.
Comptroller TraccyvPII Decides
Against PnyiRE Them Nearly Half
IA Million DoIIars-RiEhts of the
Government Reviewed Mt Length.

! Robert J. TraccwcH. Comptroller Of the
Treasury. today handed down a decision
disauowing a claim Of john a Rolliugs
I72Sg. for the prosecution of a claim of
the Choctaw Nation against the United
States, for orrearages of anuuities and
school funds
The character Of the clairI is set forth
in the following statement
The claim now presented 10 this Office
by John \. Rpllugs and James Gilnllap
! in the sum Of SifII12S9 taHd INTEREST,", IS
/ for Uue-half of 80 per cent of S2,9il, 100.
as their share in attorney fees under
. contract made February -. 1850. By John
/ T. COchraue with the ChO,'aw Nation.
! Tor the prosecution of a claim Of that ma
ton against the United States, for ar
| rearages Of anuuitias and school funds
| The claimants allege that. by the
/ terms OF the contract tOChTauc.S fee was
! to be 80 per cent of all moneys obtained
by and paid to the nation on account Of
! the claim, that CoChTanc assigned a one
and that Lea assigned his One-half in
terest TO the claimants
! The claimants state. also, that on July
Is, 1870, the nation entered into a contract
| with MgSSTS. Mckee and Blunt, that they
| should pros,cut the claim, and should
receive the 30 per cent compensation, au-
] J
ices previously rendered. and that Mckee
| did actually obtain payment TO himself
| Of the 90 per cent But, they deny th;tI
! the contract with Mckee and Blunt OpeT-
! atsd to aunul the COChTane contract and
] assert that the payment TO Mckee was
/ wrOugfully made, and did not anect their
| rights. In the view which / take OF the
| present claim IND no occasion 70 con
| slider any question respecting the Mckee
and Blunt contract OF any payment there
| under.
The appropriation to pay the Choctaw
| Nation the amount Of the judgment rem
I dered by the Court Of Claims. on the
mandate of the Supreme Court, was made
/ by the act Of June %. 1883
The act OF March 3 lSl, related only
to contracts thereafter made. But the act
of April % 1874, provided that II should
not Dee lawful for any United states ON
Ger or emplOye to recognize the ltBalIy
Of. Ur to sustain or enforce. any contract
| made prior To- the act of May p, lNtZ tSeC-
tion 2lUl. Revised StatutsSl, with any
band. tribe, or nation of Indians, or with
Z any individual Indian not citizen. unless
the contract was reduced TO writing and
signed by the parties at the time when
t made, and was then fully made known TO
them. and then not until such original
contract shall first have been presented
10 and examined by the Secretary OF the
Interior and Commissioner Of Indian Al
fairs. and these facts by them SEVERAL?
endorsed thereon. and copy Of said con-
I tract and OF any assignments that may
/ have been made thereon duly entered OF
/ record i'm tn. office OF the Commissioner
Z OF Indian Affairs. Sections and Of
th- act required the filing Of very spe-
cidc sworn statements upon the many
points indicated, and any additional
. proofs which the Secretary and COmmis-
! SIDler might deem necessary. And sec
tiOu { provided. That no such contract OF
a-rg cment shall be recognized by any Of
fIreT OF employe OF the United States uu-
til the Secretary Of the Interior shall, aft
cr full cons!dtrauoH Or any SIch contract
or agreement, together with the proofs
and papers in this act required 10 be filed,
and such as the Secretary Of the Interior
. or Commissioner OF Indian Affairs may
require IN addition thereto, the Secretary
of the Interior shall consider 10 be just
and reasonable. and not tainted with
fraud, and not eXOrbitaut in it's demands
PROVIDED ., That the Secretary or the In
. terror shall in all cases enter. IN writing.
z or such original contract on the record
. ia the Office of the Commissioner OF In
dian Affairs wherein such original con-
tract Is recorded, an official statement
. showing that the contract and proofs
. have been filed in accordance with the
PROVISIONS OF this act auC considered by
him, and in his opinion said contract OF
. agr' ement or assignments thereof are not
. eEgrbitBut and not fTauduleu nj, nd that
they are just, the same shall De valid
. Isut IT, in tn opinion OF the Secretary Of
/ TIE Interior, such contract or agree ueut,
or the assignment thereof, Is fraudulent
. or ,X8Tbitaut. he shall officially enter his
/ rejection. in writing. upon the record Of
/ such contract or agreement, and they
I shall not be considered Of binding force
by any officer or employe Of the United
States.
1T is not claimed that the yochrane
contract OF the assignments hereunder
. have ever been considered and approved
. by the Secretary Of the Interior. OF even
. that they OF the proofs contemplated in
. the act last above cited have ever been
presented TO the Secretary Of the Interior
. OF the tUmmiss- Oner Of Indian Affairs
/ Il is not easy 10 understand upon what
1 ground n could be CGuteDdeI that the
contract has any legal force, OF claim
u f. .Hr q q IH
claimants Offering nothing 10 show thtir
. views in this respect
But. in any event the claim is not
within the jurisdiction Of this Office. The
act Of May p. 1872. prescribed what shall
b. the method in the adjustment OF claim
for attorneys fees under such contract,
and prohibited the payment Of such Zee
20 any person until such person shall
first have filed with the COMMISSIONS
OF Indian Affairs a sworn statement
showing each particular ACT Of service
under the contract. giving date and fact
in detail. and the Secretary Of the lu-
terror and the Commissioner OF Indian
Affairs shall determine th-r-frpm Wheth-
er. In their Judgment such contract or
agreement has been compiled with or full
filed, If SO. the same may Doe paid. and
II not. u shall he IHil IN proportion 90
tho services rendered under the contract.
And thus. the statute has created "a sua-
/ Cial tribunal. and invested II with DNclu-
siye jurisdiction. for ;he adjustment oI
any Or an claims for attorney fees under
contracts with Indian tribes OF nations,
or individual Indians NOT citizens
1t is c-caT that the present claim is
not within the Jurisdiction Of this office
and for that reason 10 is dlSaIluweI-"
/ The claimants appeal from Tho decision
Of tho Auditor for the following reasons.
From said ruling OF the said Auditor We
hereby appeal from said Auditor decls-
ion. and respectfully ask that this claim
and the papers bee referred u tho SgLci-
tor Of the Treasury and th.t be be Tee
I gUssted TO render AN opinion as 10 rha
CunstitutiouaItv aid validity OF said act
/ of April -. l>.i we hereby claiming that
/ il has no vaIidt " and ought not To- stand
ia the way II OU- recovering the fees
I which are Justly cue said claimants and
were earned prior 10 said act OF 1874 under
] said contract ana that it be lIiudicatcl
/ according 10 law and equity" This APP
/ peal was addressed t. the Secretary Of
The Treasury and by him referred % Tho
] Comptroller
Ina the accounting system Of the Govern,
msut appeals from the action of am aud
ItOr on claims and accounts submitted o.
him for settlement can be- considered Dos
/ Hut one officer and that is the Comp
tru'I,r 81 TN, Treasury. As the claimant
! evidently INTENDED 10 appeal from tn.
action OF the And tor for The Interior DE,
p1rtmsut 10 such officer in the Treasury
COFFEE FOR MOTHERS.