Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-24
SEEKS PART OF LAWYERS FEE
INDIAN PROTECTIVE ASSOCIA.
TON FILES SUIT IN COURT.
Asks That United States Treasurer
Be Enjoined From Paying Out
the Money.

Attorneys Berry and Minor. on behalf
of the Indian Protective Association. to.
day in the Supreme Court of the District
Of Columbia applied for a writ enjoinins
Charles II. Treat, treasurer of the United
States. from paying judgment In the
Court of Claims In favor of several per-
sons interested in litigation growing on,
of the opening of Indian reservations in
Washington state. They also ask that a
receiver be appointed to take charge OF
the fund, amounting to $4,000. until fur
Their order of the Supreme Court of the
District of Columbia.
1t is matter of record that the Col.
Vile Indians. in the state of Washington
sold or coded to the United States the
north half of their reservation for the
sum of s., JO0.OOO. through certain com
missioners appointed for the purpose
The report Of the commissioners to the
Senate was referred to the committee on
Indian affairs which reported to the
Senate In favor OF accepting the land
but refusing to pay the 81, 500 600 because
it was claimed that the reservation was
one made by presidential action and
knewn as an executive order reservation
Thereupon the Indians contracted with
the Arm of Maish & Gordon. composed OF
Levi Maish. q former representative from
Pennsylvania. and Hugh H. Gordon. a son
of the late Gen. John B. Gordon. who
were then practicing law in Washington.
to prosecute their claim, and in the con-
tract agreed to pay them. If successful. IL
per cent of the amount recovered. 1t was
necessary to the validity of this contract
that it be approved by the Secretary of
the Interior. That officer reduced the
fee allowance to 10 per cent
The contract ran for ten years and
little If anything was done. II is said. by
Maish and Gordon up to 1901. Maisal
died in 1899. and Gordon entered the army
in the war with Spain.
In 1901, however. Gordon. on behalf OF
the firm of Maish & and Gordon. employed
Heber J. May and Daniel B. Henderson.
lawyers of this city, as associate counsel
to prosecute the claim and agreed to pay
for their services. One-Quarter OF the con-
tract fee as approved by the Secretary OF
the Interior. and $4,000 additional. There
Of Butler & Vale. the senior partner be-
ing formeer Snator Mahlon Butler, and
also Frederick c. Robertson OF the state
Of Washington.
Congress Makes Appropriation.
1t is contended in some quarters that the
contract with Maish and Gordon expired
in 1904 but this is denied by Gordon.
Congress. by an act passed in 1896 APP
propriated the full sum of Sl.JO.6U in
payment for the Indians lands. and left
1t to the court OF claims to determine as
TO the disposition of the lawyers fees.
The court of claims April q. 1905 allowed
$4,000 as the total fees and apportioned
that sum among all the attorneys. 1t
excluded Il number of persons who
claimed the right to participate in the dis
tribution.
The suit which is now brought by the
Indian Protective Association Is for that
part of the fees which were assigned in
1901 by Gordon, in the name OF Maish and
Gordon. to Henderson & May. and by
them assigned to the Indian Protective
Association. 1t is alleged that Gordon
the Maish heirs and May deny the validity
Of the assignment to the Indian Protective
Association. Mr.. Henderson is acting in
behalf of that association.