The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-25
SNAP FOR LAWYERS.
With Nothing to Do They Receive Big
Fees From Indians.

Washington, April 25.-In response
to Senator 1ore's resolution calling on
| the president to send the documents in
the case where Ormsby McHarg has
| been employed by the Choctaw Indians
President Taft has sent to the senate a
| voluminous correspondence. 1t sho ws
among other things that contract to
pay McHarg. who has law office In
New York, $12, 900 a year and all ex-
penses when he is away from Washing
ton, has been approved by the presi-
dent
R. S. Valentine, commissioner of In
dian aff'irs, made report on the cor
tract, in which he shows that the
ChOctaWS have a contract with Nc
Curtain and Hill with three years yet
to run, which calls for a payment of
$4,000 a year.
Valentine added: 1.-The department
of justice, aided by the legal force of
this department, is fully able to repre-
sent and guard the interests of the In
dams, both tribal and individual. The
only cases in which government of-
f1cials may not properly act for Indians
are those in which the United States is
a party in interest adverse to an In
dian or a tribe. At this time there is
but one such case pending, so far as
known to this office, affecting the
Choctaws or Chickasaws and that is to
determine the proportion of 100000 al
lowed on account of allotment to the
freedmen, which shall be distributed to
each nation.
I'm view of the facts and conditions
here set forth, I believe that no occa-
sion whatever will arise for the special
additional legal services contemplated In
the contracts with Mr.. McHarg. There
is now pending before your office a
contract entered into by the principal
chief of the Choctaw nation last April
Is with Clayton & Clayton of McAleS-
ter. Okla. proposing to pay the latter
$1,000 a year as special attorneys which
was disapproved by me and submitted
to you for final action"
This letter was sent to R. A. Balm
ger, secretary of the interior. Bal
linger. in his letter to the president,
told how the Indians had paid $780,
900 in fees to Mansfield, McMurray &
Cornish in their citizenship litigation
and how Judge Spencer B. Adams,
who held the contract under which
this was said to be legal has a suit
now against ex-senator Marion Butler
of North Carolina. growing out of his
criticism of the transaction.
Ballinger made no recomme datjon
in regard to McHarg. but in a letter
to McHarg he said he had advised the
eral, George w. Wickersham, and adj
vised McHarg to send another letter
that could be forwarded to the attor-
ney general. That correspondence does
not appear because it was not in Bal
fingers possession, but the presidents
letter shows that two weeks after Bal
linger sidestepped the president ap-
proved the contract
These Indians. who seem to be very
free about hiring lawyers whether
they need them or not are said to
have a contract with Mansfield, Nc
Murray & Cornish to sell their asphalt
and coal lands for 10 per cent of the
money derived from such sale and this
contract is said to be before the presi-
dent for approval. The lands are worth
from 40 to 100 million dollars, so the
fee would be to 10 million dollars if
the contract is carried out. but the sale
can not be made without legislation by
congress. McHarg was formerly in the
government legal department and later |
served under Charles Nagel in the de- |
oartment of commerce and labor He |
was an assistant to Frank H. Hitch |
cock in the gathering of delegates be- |
lore the last national convention.