The Washington herald., 1911-04-24
INDIANS LAWYER
ON THE WARPATH
Mr.. McHarg Does Not Want
Contract Terminated.
RESENTMENT IS EXPRESSED
In Peppery Letter He Declares His
Fees Are Not Exorbitant-Hurls
that Made Report on His Work
for the Choctaw Nation.

Ascribing a certain portion Of the oppo-
sition to his $4,000 contract to represent
the Choctaw Nation as attorney to the
jealousies of a special committee of the
House Of Representatives. Ormsby Nc
Harg, of New York, formerly Assistant
Secretary of Commerce and Labor, has
filed with the Secretary of the Interior
his answer to an order to show cause
why his contract with the Indians should
not be terminated.
His letter. transmitted to the Secretary
last week, is a peppery affair which ex-
presses resentment of the intimation that
he is drawing too much compensation
from the Indians. and likens the verdict
o< the special committee appointed to
Investigate Indian contracts, rendered
just before the close of the last session
Of Congress, to the judgment of the aver
age country justice OF the peace.
Contempt for Committee.
II find it difficult TO treat the report
of the committee with the dignity that
1 have been taught TO consider the for
NAL reports of any deliberative body"
says Attorney McHarg in his letter to
the Secretary of the Interior.
The testimony taken by this special
committee was not available to me. and.
judge. not to any others than the. COM
mittee itself, prior to the adjournment
of Congress. That committee took no
direct testimony with respect to my con-
tract, other than my own at McAlester
and the evidence there disclosed the
fact that l was devoting my own time.
with the frequent assistance and advice
of members of my firm and the law
~ or hn tor,
of my duties under this contract.
THE finding in this report was ar
rived at about as a country justice of
the peace would arrive at a judgment;
part testimony. part hints and insinua-
tions of employees of the Department of
the Interior who were not witnesses to
this contract, and in part what seems
to me to be the jealousies of the COM
mittee itself. l make this last observa-
ton in view of the following language
taken from their report: When it is con-
sidered that Mr.. McHarg receives sal
ary equal to that of the Attorney Gen.
eral of the United States. and almost
equal to that of the Chief Justice of the
United States, the excessive compensa-
ton paid for his Cooperation and ad-
vice" in Choctaw affairs is manifest
This indicates 20 me that this COM
mittee were thinking also about their
Attorney General did not let this point
bother him in writing his letter of ap-
proval to the President. He and the
present Secretary of the Interior both
know what compensation IS usually paid
to attorneys who faithfully guard and
advise in matters involving property
worth close to 100000 900"
Upheld by Attorney General.
The report of the Attorney General re-
ferred to is quoted in full in the letter.
1t is dated February /. 1910, and fully
upholds the contract entered into be-
tween Mr.. McHarg and the Choctaw
Nation.
After scoring the Committee on Indian
Affairs of the House for what he cop-
sidered to be total disregard of TIE
wishes Of the Indians in attempting GER
tain legislation, Mr.. McHarg pays his
respects to the Interior Department it.
SELF and says that for several years its
attitude has been entirely inconsistent
with the policy of. the government as
evidenced by the enactments of Con-
gress
Mr. iMcHarg cites the fact that he en-
tered a vigorous NO in reply to the
query Of Assistant Secretary Pierce in
his personal hearing before him as to
whether he would accept a reduced COM
penSatlon, ana says tndt ne knoWS ne
has rendered a sufficient amount OF in
telligent service to entitle him to the
compensation named in the contract.
The Choctaw attorney says frankly
that he does not consider the Indian
Bureau. the Assistant Secretary Qately
resigned), or the law clerks\of the In
dian Department free from prejudice in
the matter. and therefore appeals for the
personal consideration Of the Secretary
of the Interior.
The heads of the Choctaw tribe. 1t is
understood, last week filed y petition for
the retention Of Mr. McHarg as their
attorney at the salary Of $4,000, which
the contract names.