Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1916-02-25
WHITE EARTH-A LETTER THAT
EXPLAINS ITSELF

"A letter from u. y. Daniels to At
torney General Gregory:
elm your letter to me Of Jan. o.,
1916, received at Washington, you no.
tilted me Of the appointment of F: J..
Kearful to take charge Of White Earth
matters, and rendered me employment
under his direction.
"After receipt Of your letter I re-
turned to Minneapolis, in order that I
might determine my course in the light
of information to be obtained here, L
expected to see Mr.. Kearful, but he is
absent. On inquiry, however, Of the
clerk Of the United States district
court, and Of the special master in
chancery before whom the White
Earth cases are pending, I have learn
ed enough to enable me to reach a
conclusion as to the response hitch I
should make to your offer. I do not
desire to continue as counsel in this
litigation.
"When Mr.. Kearful took charge of
this work three weeks ago, Judge Nor
ris, of the United States district court,
was about to decide certain cases ar
gued before him in December, upon
exceptions to the reports of the mas
cal case, the first tried before the mas
would recur throughout the litigation
and largely affect the outcome of all
these cases. These matters had been
decided by the master in accordance
with the government contention; :~A
after hearing three days. argument in
December the court intimated that the
masters report would be confirmed;
thus setting the seal Of judicial ap-
prevail on the theory upon which the
White Earth litigation hitherto has
been conducted by the government 9
counsel, and opening the way to the
effectual assertion of the government 8
right to protect the Indians and re-
dress their wrongs, through the deter
mined enforcement of it's policies and
its laws.
Immediately after assuming charge
of this litigation, my successor, with
full knowledge. Of the issues and con
sequences involved, withdrew all pend
ing matters from the further consid-
Grafton of Judge Morris. This was
done by agreement with the attorney
for the defense in these cases. The
judge will now be absent from this
district until April; so that the ex-
pected decision favorable to the gov
eminent has been deferred at least
two months, if it is ever to be invoked
at all.
1.-THE effect of this proceeding, in
my Judgment, is to promote every end
sought by the defense and obstruct
the work of recovering the rights and
discharging the obligations of the gov
eminent. In addition to this, permit
me to explain, before I went east
three weeks ago, I, had obtained the
consolidation Of 10 cases, in accord
ance with the government constant
efforts to expediate the disposition of
this litigation, and had them set for
trial Feb. !, before the master in chan
Gerry. 7 now learn that these cases,
by agreement Of the attorneys for the
government and the defense, have
been indefinitely postponed.
con Nov. l, last, in advising me
that you had my removal from this
work under consideration, you indi-
Gated as your reason therefor, that
you should get reasonable results
within a reasonable time, and this you
did not seem to be doing.
"In reply, Nov. II, stated that
the progress of this work has been
as rapid as its nature permitted in
the circumstances under which it has
been done.' and further, that such
progress has been made, and such
foundations have been laid for furth-
er progress that the time is near when
it's results can be made more clearly
than has heretofore been
possible ....
"The developments of this litiga-
ton since the date of that letter have
fully and speedily justified the state
ments made therein. In spite of those
developments-in spite Of the position
of advantage that had been gained for
the government and the consequent op-
portunity for getting long-sought re-
suits, my successor has adopted pro-
gram which nulhfes this progress. In
this program I cannot cooperate.
1T must, therefore, decline the ten
der made by you Of assignment to this
work as stated in your letter to me of
Jan. %. Respectfully,
&c. G. Daniels.'
n