Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-21
FOR CONGRESS ONLY
Justice Wright Refuses Man:
damus Against Fisher.
UP BEFORE JUSTICE WRIGHT
Declares 0usted Usage Councilmen
Were Guilty of Malfeasance.
APPEARS BEFORE HOUSE BODY
Secretary Of Interior Answers Charge
of Attempted Coercion Before In
dian Affairs Committee.
APPEARS BEFORE HOUSE BODY

against him last Saturday by Justice
Wright of the Supreme Court. District o.
Columbia, i'm the mandamus proceeding!
sought by Alpheus H. Brown, on hehal
of the deposed chiefs and counsel Of thu
Usage Indians
secretary Fisher suggested to the
court that the subject matter Of tn,
suit is now pending before a committee
OF Congress on the petition Of the
! members OF the council. He also sug-
sests that Congress has plenary power
and control over the Indian tribes and
their property. and has conferred upon
the Secretary of the Interior full and
exclusive power to remove any mem
Der of the Usage tribal council for any
good cause by him to be determined
and his action in so doing is not sub
ject to review or control by any court
Of law or equity.
Says Taft Approved Action.
Mr.. Fisher admits his order Of ouste,
proved by President Taft January Is. Ar
appeal was made to the president Of the
council, and a hearing afforded them, Mr.
| Fisher tells the courr.
| The answer of the secretary admits the
election of Brown to the Usage triba
council, but denies that Brown has faith.
fully performed his duties for the best
interests Of the tribe. On the contrary
Mr.. Fisher charges the depoSed Indians
malfeasance in the discharge of their
duties as members of the council. The
particular arraignment Is made in con-
nection with certain oil and gas mining
leases with the Uncle Sam Oil Company
These leases We're made May %, 1912.
and We're disapproved by the department
June II. 1872. and this action on appeal
vas approved by President Taft Decem-
A.
action of the council in reference to such
leases was investigated and the disclo-
sures We're of such character as to satisfy
him that Brown as we'll as other members
OF the Usage Council were improper per-
sons to be or remain members Of the
council. -
The matter was referred to the De-
partment of Justice. the court is told,
md the Attorney General has referred
the matter to the United States district
attorney of Oklahoma for determine
ton as to whether there is anything to
be submitted to grand jury in con-
nectiOn with the alleged action Of men,
bers of the council.
Secretary Fisher says he deems it in
consistent with the public interests at
this time to aver in detail the facts on
which he determined that cause existed
for the removal of Brown and his as
sOciates Of the council.
Assistant Attorney General Cobb and
his associate, G.. Edward Wright. filed
the answer of the Secretary. Attorney
Andrew Wilson for the Indians inter-
posed a demurrer. claiming that the an
swer does not set forth sufficiently the
legal right claimed by the Secretary to
GUST the Indians. He urged that re-
moval without notice to the incumbentS
Of the Offices of chiefs and councilmen
was illegal
Arguments were in progress late this
afternoon.
Answers to House Committee.
Secretary Fisher answered the charge
that he had attempted to coerce the
Usage Indians into leasing their valu-
able oil lands to the Standard Oil Com
pany to the exclusion of the Uncle Sam
Oil Company. in statement today be-
fore the House Indian affairs committee.
The Secretary recently removed the
Usage council under circumstances which
present to u federal grand jury. He
charged some of them with having been
unduly Influenced by the Uncle Sam COM
pany.
when the circumstances under which
these leases were drawn came to the de-
partments attention" he said, Bacon
Rind. the principal chief: Red Eagle Jas
sistant chief. and Thomas West, a men,
Der of the council. were removed for
| bribery. A written confession by Tom West
and no denialS from the others were the
only replies TO these charges. The con-
| d. tions ran along with seven members
| of the council continuing to do the tribe 5
| business until after special inveStiga-
| ton % remainder of the council was
| summarily removed, and the report of the
! investigation was turned over to the At
| torncy General.
Says Specific Law Lacking.
THE difficulty in all these cases is
| that there is no specific law making 1t a
crime for an official of an Indian tribe tc
| accept bride. The Attorney Genera
has sent on this report, with his recon-
mendations to the United States attorney
| of Oklahoma"
| T. ]. Leahy, representing the deposed
| councillors, declared that If the repor,
| charged anything. improper in connection
with the framing of the leases, he was
sure there would be no evidence to sup,
| port the charge. He said he stood to get
| $4,000. and his cousin would get a like
amount if the disputed leases went
| through.
| Under examination by Secretary Fisher
Mr.. Leahy said that after the Uncle Sam
leases had been oisapproved the depart
ment approved small leases on about ~
GOO acres of the huge tract opened for
| leasing. One Of these leases, Mr.. Leahy
said. was to .he Gypsy Oil Company.
which the witness said was connected with
an interstate pipe line. Under the de-
partment's rules interstate carriers were
barred from leasing the land.
+, Secretary Fisher took up the reasons
for the removal Of Bacon Rind, Red
Eagle and Tom White.
Shows Bacon Kinds Confession.
He produced the letters to these men,
setting forth the charges against him.
The letter TO Bacon Rind included quo
tation from an affidavit by one Frank
Corndropper. in which 1t was set forth
that in 1905 Bacon Rind was paid
$1,000 for his aid in getting through the
council an oil land lease. and a written
confession by Bacon Rind also was quot
| ed in the letter.
| I'm view Of this confession do you be-
lieve the department should have given
| Bacon Rind hearing before removing
| him?' demanded the Secretary.
| Mr.. .Leahy said that he believed II
| Bacon 'Rind had done nothing improper
since 1906 he should have been given a
| hearing.
mo oil leases were under negotiation
during that lapse Of time, were they?"
asked Mr.. Fisher.
| No
Then you think that if Bacon Rind
confessed to taking a bride for an Oil
lease in 1906 and had been straight
since then with no leases under consid-
Grafton that when an important leasing
proposition comes up we should give
him another chance at it? demanded
Secretary Fisher, with some heat.
tod