The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-28
Government Calls Down the At
torney For Indians.
Senator Burton and Dave Null
Vane Are the Victims.
NO AUTHORITY TO ACT.
May Have to Return Money Col
Iected as Salaries.
Senator BurtOn's Brother Has
Been Acting as Attorney.

According to a story from Washing
ton one of the principal CRAFTS Of Kan
sas politicians is about to be cut OF
by the federal government. 1t is the
employment of attorneys by the Indian
sribes without the consent of the secre-
tary of the interior.
A Washington dispatch to the St
Louis GIobe-Demoerat names Senator
Burton, his brother, u. T. Burton, and
D. w. Mulvane, as specially interested
in the matter. Senator Burton was at
torney for the Chickasaws prior to his
election as senator, after which he turn
ed the job over to his brother. Mr.. Null
vane is attorney for the Choctaws- 1t IS
claimed that Secretary Hitchcock re-
fused to allow the tribes to employ at
torneys. but that the tribe ofnclaIS dld
so anyway and have been paying them
a salary OF $4,000 year. The Washing
ton officials have just discovered IT and
are proposing to make trouble and may
bring suits to recover the money thus
paid out The Globe-Democrat dispatch
says:
Through an attempt on the part of
Gov. Johnson and other officials of the
Chickasaw nation in Indian Territory,
to employ attorneys to represent the
interests of the tribe. without the con-
sent or approval of the secretary of the
interior and the president, as required
by law, the department has discovered
that many thousand dollars of the
money belonging to the Chickasaw peo-
pie has been illegally expended A de-
partmental investigation Will follow,
and unless satisfactory explanations
can be made it is probable that suits
viii be instituted to recover the amount
paid out by the nation, without author
ity of law. in attorney fees. and con-
trary to the decisions of the depart
ment.
In 1898 ]. r. Burton, of Kansas. now
the Junior senator from that state, en-
tered into contract with the officials
of the Chickasaw nation TO become the
attorney of the tribe at Washington 1t
was provided in the contract that Mr.
Burton was TO receive a salary of $1,000
per annum. The Chickasaw council
passed an act apprOpriating the money
10 pay Mr.. Burton. Before the act be-
came valid, however, il had to be APP
proved by the president. When it reach
ed the department Secretary Hitchcock
promptly recommended its disapproVai
and his recommendation was sustained
by President Mckinley, who vetoed the
appropriation.
Secretary Hitchcock announced at
that time that it was contrary to -
policy of the government to permit the
employment of attorneys by Indian
tribes, except in extraordinary cases.
The appropriation for Mr.. Burton was
for the purpose of maintaining an at
tOrney at Washington to look after the
interests of the tribe, and the secretary,
therefore, could not, consistently make
an exception in the case of the Chick
asaw Indians. 1t was asserted by Mr..
Burton and his friends, that Senator
Lucien Baker, of Kansas, who was at
that time in the senate, had induced the
president to veto the appropriation be-
cause of his dislike for Mr.. Burton, who
was then looming up as a senatorial
candidate against him.
1T was supposed by the department
that the disapproval of the council act
by the president had put an end to the
question of representation, though Mr.
Burton frequently appeared at the de-
~ -
matters pending before the secretary.
1t was not until the other day, how
ever, that the departn ent learned that
Mr. Burton had been receiving an an
nual salary of $1,000 per annum from
the Chickasaw government notWith-
standing the action of the department
and the president 1t came to light in
connection with the question of the en-
ployment of Senator Burton's brother
by the Chickasaw tribe 1t so hap
pened that just before Senator Burton
took his seat in the senate he trans
ferred his contract as attorney for the
Chickasaw Indians to his brother, who
was Immediately placed upon the pay
roll of the ChickasaW nation. A con-
tract was duly drawn up and signed
between Senator BurtOn's brother and
the Chickasaw officials, and he pro-
ceeded to represent the tribe.
Several days ago the department
commenced an investigation and dis
covered that Senator Burtons brother
was acting as attorney for the Chicka-
saw nation. In reply to the question as
to what authority the Chickasaw ma
tion had to employ counsel without the
consent of the department. itmwas as
serted that under the treaty with the
United States providing for the allot-
ment of the lands of the Chickasaw
tribe they had right to make their
own appropriations for legislative pur-
poses, and that the money for the pay
ment of the attorney came from these
appropriations.
1T is stated at the department that
none of the five civilized tribes had any
authority to appropriate a single dollar
for attorneys fees, without the apDro-
val of the president and that if the
Chickasaw nation had been guilty of
appropr1aung money for the payment
of attorneys fees it was an Illegal ex4
pendlture, and that the government can
nation. who paid the money out to re
fund the amount thus extended
a similar claim has been set up bv
Mr.. David Mulvane, of Kansas who
mas contract with the Choctaw ma
ton, and who. it is asserted iS dra NJ
ing salary from that nation. aIthon@b
the department has refused to apDrove
elther Mr.. Mulvane'S contract or the
appropriation made by the Chocta "
council Tor that purpose. An investi-
sdtioh VIII follow and the governors of
the Two tribes will be compeIled to
make full explanatio
Ihe department will also take stems
10 prevent a recurrence of the expendi-
ture OF moneys of the people of the
two tribes without AUTHORITY Of ls-,H
Whlcn mas already taken place
An eIfort is being made by the off,
Gals OF the interior department fo Sc
cure the allotment in severaltv of fha
lanos OF the kaw Indians located in
agent for the Osages and Kavs is ~,
In the city. having come here in ra