The Washington herald., 1907-01-11
Charges Filed Against Him
by Eastern CherOkees.
RIDICULOUS, SAYS SECRETARY
Explains Selection Of Attorneys and
Payment of Their Fee, Concerning
which Indians COmD1ain-Afember
of select Committee of Senate Are
InVeStignting-Exe Session.

the executive committee of the Eastern
Cherokee Indians In brief, the charges
are that Mr. Hitchcock certified to the
Treasury Department for payment Of the
claims Of certain attorneys for fees which
were excessive. after having interfered
without warrant in the selection Of those
attorneys TO represent the Indians in
prosecuting claims against the United
States.
Messrs. Muskrat BOudinot. and Dick as
sart, in the document which they filed
with the select committee, that in 1900 the
+, Cherokee Nation employed the late w NJ,
/ Springer 10 prosecute n claim against the
government before the Court Of Claims.
Secretary Hitchcock, they allege, declined
to approve the contract with Mr.. Springer.
and suggested 10 Thomas NJ Burlington.
then chief of the Cherokee Nation, that
Finkleburg. Nagel & kirby Of ST, Louis,
be employed in Mr. Springer's place, Ar
thur B. Shepley, a member Of the st.
Louis firm, is alleged by the complainants
TO be a brother of John Shepley. Secretary
Hitchcock's son-in-law
Accordingly. il is asserted. a contract
was made between the Cherokee Nation
and Finkleburg Nagel, and Kirby on
January Is. 1906. and approved by Secre-
tary Hitchcock the same day.
Provisions of Contract.
The contract provided that the attor-
neys should be paid per cent of all mon
/ eys. collected by them mp 10 $1,000 00Co and
/ 2lz per cent on all sums above that fig
ure. The Court Of Claims on May Is.
/ 1903, awarded S11u,2S4 TO the Eastern
/ Cherokees and $4,000 to the Cherokee
/ Nation The case was appealed TO the
/ Supreme Court OF the United States.
which affirmed the finding Of the Court Of
1 Claims Thus the ST Louis firm. as At
t0rneys for the Cherokee Nation. was
entitled TO per cent on $4,000. while the
attorney for the Eastern Cherokees, ac-
cording to the -erms OF his contract was
entitled TO j. per cent Of $I,1n.2Sl Secre-
I tary Hitchcock. II is alleged, certified 20
I the Treasury for payment claim of
/ the St Louis lawyers for SI5o09o. OF more
than three times the amount they recov-
( cred for the Cherokee Nation. The sum
I was not only paid. but. it is alleged in
/ the charge fled with tie select committee.
was paid ont Of the funds recovered from
. the Eastern Cherokee In other words.
/ according 20 the charges, money belong
/ ing 20 the Eastern Cherokee branch Of
F the Cherokee NatiCn-was used 70 pay an
I inflated claim against the Cherokee Ma
ton, which was opposing the Eastern
+ Chcr0kces in their efforts 10 effect a set
+ tlemeut or tribal financial matters. l. is
further alleged that $1,000 was paid the
+ Springer estate Tor a relinquishment Of
the claim growing out OF the annuiment
of the contract with Afr. Springer. In
an action in the courts Of the District of
( Columbia efforts were made 20 enjoiH the
payment OF the Sl54c0 fee. bur they were
not effective. The $500 paid the Spring
| er estate. 1t Is alleged, was paid ont of
/ the Sl50,Go0 received by the St Louis att
/ tomeys.
/ Chairman Clark. Of the select commit
/ tee last night said that the charges had
/ rot yet been taken up by the whole com
miJlce but had been looked into by indi-
vidual members. He declined to express
I himself as 20 the probable outcome. The
committee held "a long executive session
yesterday The letter of Assistant Atlor-
/ ney General r. T.. Campbell uphoIdine
/ the legality of the Secrctarys act. was
! before the committee. bur was not fully
considered. Il was announced after the
meeting that whatever recommendation
/ The committee decides 90 make viii De re-
ported to the Senate in the general re-
port 10 be submitted next week on the
/ general condition Of affairs in the Indian
! Territory
Secretary Makes Denial.
Secretary Hitchcock brands the
charges as ridiculous He declares en-
Phatically that he had nothing TO do with
naming the ST. Louis firm to do the work.
or with awarding il fee Of $4,000. or
any other amount
Previous TO the time when ] became
Secretary Of the Interior, various efforts
had been made in Congress. and strong
/ lobbies had been sent here to induce Con
/ Sress 20 pay the claim Of the Chero-
/ KEGS against the government" said
/ Secretary Hitchcock last night. ''rhe
Secretary's office, under my adninistra-
zion. thought it proper 20 refer the whole
thing TO the Court Of Claims, and il was
fought out there"
one item in the charges is that former
Judge Springer offered TO take the case
on commission, and at lower rate than
that agreed to by the St Louis firm. The
attorneys 90 represent the Cherokee Ma
tiOn were retained 10y the nation. but
their contract required the approval Of
the Secretary of the Interior. Chief Buff
instou of the Cherokees did recommend
mt first that Judge Springer be employed
Secretary Hitchcock admits that he re-
fused 10 approve the contract Of Judge
Springer, but says that he did so because
he believed Judge Springer unqualified
for that particular sort Of legal work.
Smith Recommends Sf. LoufsanS.
Edgar Smith. tae regular attorney Of the
Cherokee Nation. according to Mr. Hitch
cock, then was given the case. Smith. il
/ seems, recommended that the St Louis
/ law concern be retained. Secretary Hitch
/ cock said last night that he at once APP
/ proved the selection of that firm, as he
1 had the highest opinion Of its every men,
4 Der.
After the award was made the attorneys
of the Cherokee Nation claimed that they
should share alike with tire attorneys of
the Eastern CherCkees. according to tn,
term of the percentage and contingent
contract under which boJh We're obtained
Tho Court OF Claims decided that all
the attorneys had equal claim to their
( fees. Secretary Hitchcock declares that
he had no voice in deciding the fee ques-
ton. tie SAYS that the court warrants
merely came to him for his signature.
He signed them, understanding that he
/ assumed no responsibility in the matter
and that they amounted to a mandate
compelling him to sign. He attempted to
hold UP the famous $685. 900 fee paid to
Mansfield, McMurray x Cornish of the
Indian Territory, by refusing TO sign the
warrant but was finally forced to do SO
by the courts. Since that time he has
regarded the signing of warrants as pure
Iy perfunctory.
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