The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-13
GARFIELD TELLS
OF $4,000 FEE
Says Fault, If Any, Did Not Lie
with Secretary, but with
Congress.

WASHINGTON. D. c.. March "a
Secretary Garfield, in a communication
to the Senate to-day in response to a
resolution OF inquiry. declared that he
was unable to say what foundation
there was for the charge OF bribery
against certain members OF the Choc-
taw- Chickasaw court. He concluded
his statement by declaring:
"Ihe records of this office depart
ment OF Interlor), disclose no founda-
ton for It."
on the same subject Attorney Gen.
eral Bonaparte reported several days
ago finding no basis for the charge
which appeared In the Congressional
Record of February LIST, in speech by
Representative stephens, of Texas.
The charge was that certain mem
bers OF the Choctaw-C hickasaw court
were br,bed in connection with de-
cisions rendered. and that the Secretary
of the Interior had ordered no investi-
CATION, though he had evidences OF the
bribery.
In tho report Secretary Garfield says:
"a thorough examination of the files
of the secretary's office and the Indian
Office discloses no correspondence, af-
fdayits, evidence, papers or other in
formation intimating or charging that
members of the Choctaw-C hickasaw
citizenship court were brtbed'
The report reviews the organization
of the court and of the negotiations
with Mansfield, McMurray e Cornish.
the law firm which had the contract
with the chief executives of the two
tribes to conduct litigation in connec-
ton with citizenship cases. The con-
tract. on February 20. 1903, with mod
ifcations. was Endorsed by w. A. Jones,
Commissioner OF Indian Affairs, and
approved by e. a. Hitchcock, then Sec
rotary of the Interior
Fec of s1oo,oOo.
The law firm was required to accept
the notifications, which would have
greatly reduced It's compensation, but
declined, and Congress authorized the
! citizenship court to fix the compensa-
| tion of the attorneys. The court
named sT50,000 as just fee.
| Secretary Garfield reviews the effort
| OF his predecessor to reduce this fee,
and of the decision by the Attorney
General that the Secretary was with
| out authority either to refuse to Issue
| the warrants for the amount fixed by
| the citizenship court or to delay the
| issuance
Commenting upon this situation, Sec
rotary Garfield says: "Therenpon Sec
| retary Hitchcock drew his warrant for
the amount fixed by the court. He
| had no alternatives; the responsibility
| lies with Congress, which, by act of
March 8. 1908, upset the action of the
| Secretary. who by tho preceding
February goth, had fixed fee at just
third of the amount authorized by
| Congress.
| Il understand that and since the
| time of the payment of that fee, there
! were rumors to the effect that attor-
| neys representing claimants whose
cases were set aside by the citizenship
court alleged that the firm Of Mans
field McMurray and Cornish exerted
undue or improper influence over the
court
Mr. Garfield says that during rhe
| summer of 1907 an attorney brought
to the department a Mr. Rosenwinkle,
/ who made statements about alleged
/ improper conduct on the part of Mans
i field, McMurray and Cornish and Judge
4 Foote (deceasedl, and Judge Adams,
of the citizenship court.
i "He, however" says Mr. Garfield, de-
4 clined to allow his name to be used
4 and refused to reduce to. writing, sign
or in any way to substantiate his
statements"
The Secretary further calls atten-
j ton to the fact that Rosenwinkle is
now quoted as saying that he had no
knowledge of the truth or falsity OF
! the charges"