The Tomahawk. [volume] (White Earth, Becker County, Minn.) 1903-192?, 1925-05-28
PUZZLE the Attor-
ney for the Indian,

With evident intention Of sex
planning away" the knowledge
which is becoming widespread that
the Indian has no entry to our
courts-the officials of our Indian
Bureau have forced through the
last Congress FIVE of their "pes''
forms of so.called Jurisdictional
Bills and defeated two Jurisdic-
tional Bills which might have been
laws really protecting the Indian.
The Indian, though a citizen,
has no entry to our courts as have
all other citizens, hence the Blu.
reau has Congress pass a bill
granting a certain Tribe the right
to sue the United States for any
claims they have against it in the
Court of Claims in Washington,
D. c.. Y.
These claims usually involve the
entire heritage of a Tribe and in
many single instances amount to
several millions of dollars. Fur
thermore, any competent attorney
in every case faces the necessity of
extensively examining Bureau rec
ords, Congressional Acts, Treaties
and often a large number of wit.
nesses. In. properly assembling
his facts he may have to travel
extended distances at large ex
pense. Then the attorneys ex-
animation of the law applicable to
the case takes more time, and with
all the foregoing is a continuous
mounting Office expense.
Now the "joke'' of all these
bills is the manner in which the
attorney for CD the Indians is Sc.
leeted and paid. Every bill pro
vides the identical method of
"employing' the attorney for (O
the Indian, and is as follows:
THE petition shall be verified
by the attorney or attorneys EN-
ployed to prosecute such claim or
claims under contract with
Tribe approved by the Commits
sioner of Indian Affairs and the
Secretary of the Interior; and said
contract shall be executed in their
(Tribes) behalf by a committee
chosen by them under the direc
ton and approval of the Commits.
sioner of Indian Affairs and the
Secretary of the Interior.
That upon the final determine
ton of any suit instituted under
this Act. the Court of Claims shall
decree such amount or amounts as
it may find reasonable to be paid
the attorney,or attorneys so en-
ployed by said Tribe of Indians
for the services and expenses of
said attorneys rendered or incurred
subsequent to the date of approval
of this Act: PROVIDED, That in
no case shall the aggregate amounts
decreed by said Court of Claims
for fees be in excess of the amount
or amounts stipulated in the con.
tract of employment, or in excess
of q sum equal to 10 per centum
of the amount of recovery against
the United States, and in no event
shall snch fees exceed the sum of
$25,OOO."
1t would hardly seem necessary
to explain the above quotation to
make clear the fact that the Tribe
as a whole has no selection what
ever of its attorney and no voice
10 the litigation; but that the en-.
tire property rights of the indian
remain as before, namely: in the
unrestricted control of Ills Guar
dian" the Bureau of Indian Affairs.
To be sure it is once removed"
but the removal is to attorneys
solely selected by the Bureau as it
can name the Indian committee,
name the attorney, and draw the
entire contract of employment
Further, the Court of Claims only
hears and passes upon the facts and
lou that The Rurcausa ealootad