davidaulloa/AmericanStories huggingface dataset:
Navajo times., 1963-12-05

In the report on the enrolled bill,
the Department of the Interior
commented as follows: IF in the
claims litigation before the Indian
Claims Commi ssion), either tribe
is determined TO have an aboriginal
title that is inConsi stent with the
terms of the 1882 E Executive Order,
the damages awarded will be the
result of the Executive Order and
not the proposed legi station" b" Thus
the 1858 legi Station neither recog-
nized nor created Il claim against
the United States. II any claim
against the United States exists
concerning the lands described in
the Executive Order, that claim
was not involved IN Healing '.
Jones, but was re served for re-
solution BY the Indian I lalns ON
ml SSiCn.
Pursuan to tie act Of .iuly q,
1858, the fiopi sued the Navajo
and named the / nitcd States i party
10 tie sur. Following an unsuc-
CeS sful challenge to The iurl Sdic
tOn Of the court, the 'niteu States
assumed the pass role OF OBJ
server. In the litigation, the mi
ted Srates took no position as
between the claims of the other
parties and. .(assertedl no
lain on behalf o. any other In
dian or Indian Trlbc.' In actual
substance, therefore. with the nj
ted States making no opposition
to either Tribes claim, the two
tribes prosecuted their respective
claims against each other. The
only Oh otacle 10 the successful
assertion OF either tribal Clai nj wa
the claim of the other. In these
Clrcuu afanCeS, ttke claim asserted
by the Navajo Tribe IN the !itiga-
ti0n vas not q claim against tFe
United States within the mc aning
of paragraph 2(b) OF the Attorney
Contract.
Sii AL2A2t ZO3 lbCCp VA eitll
Jones, a. Chairman OF the Na.alo
Tribal ol,ncil, wrote TO Secretary
of the Interior Fred A. Scaton
reque sting determination as to
whether any one or more OF five
different cases were claims cas-
cs" under MIR. Lirreils contract.
Former Solicitor Theodore +. STE -
vens replied to N.-. Jones BY letter
Of November IS, 1860, holding that
Healing Y. Jones, one of these
cases, was not claims case. BY
letter OF December 6, 1860. Mir.
LittcIl presented his ar2umenl 5 in
oppo sitlon TO the SoliC itor s ruling.
On January 19, 1860. MIR. Stevens
reversed himself and ruled that
Healing '. Jones was claims
case.
Navajo times., 1963-12-05
Solicitor Barry
lContinued from Page 1 J

CONTINUED from Page 1
made TO MIR. LltteIl and to reco-
YER any unauthorized payments.
The inve sugations called for by
the Resolution will necessarily
take a great deal of time. Mr..
Littell has been the principal at
torney for the Navajo Tribe since
1947 and thorough vestigation,
fair TO all parties, will require
complete review of several large
files, ar least two large boxes of
vouchers, many volumes OF min
utes OF meetings of the Tribal
Council and the Advisory Com
nittee and other records. Finally,
Of cour Sc, persons who partici--
pated In negotiations must be con-
suited.
BY i letter dated August p,
the Chairman acknowledged that
complete response to the Reso-
luton must necess sarily be delayed.
Neverrheic S., he pointed out that
the business Of the Tribe is suf-
fering by ason Of this lln~
re esoIved dispute. Accordingly, he
requc sted that we limit our lmme-
diate efforts to answering three
questions. The three questions
dealt with IN this memor andum,
therefore, arc:
1. Is Mr.. Littell entitled to be
compensated for his work in Heal
ing V. Jones as a claims case?
2. What is the legal effect Of
Amendment No. II to the Attorney
8 Contract?
3. Must Mr.. Littell or must the
Tribe pay the attorneys who work
on claims cases?
Que stion Ne. /: Is MIR. Litrell
entitled TO BE- compensated for his
work in Healing Y. Jones as
claims case?
| have cone luded that the answer
20 this question must be in the
negative.
The Attorney Contract OF Au-
gust 8. 1857, provides separately
for compensation for services as
General Counsel and for services
in claims aScs. Compensationfo for
general counsel services is by
fixed annual foc. I ne fec for ser
vices in claim work is per
ccntaSc ot rcco, cry. General Coun
sci services include all required
legal SerslC's not performed IN
conncction Wth certain claims.
If certain case S not claims
CaSc as defined in the contract,
the work performed by Mr.. Littell
IS paid for by the payment OF
his annual retainer. However, If
il Is claims case he receives,
an addition 10 the annual retainer, /,
ten (lUss) per cent o. any
SUM OF sum OF money or oi The
ya'u@ Of tie property recovered,
ea}ed or ohtainSd.
Claims an dcfincdInpaI agrapl
2(b) olthe Attorney Contract, which
reads a olloWs:
Claim: l. hall also be Tie duty
of SAID al orneys To inVe tigatc
and oruIulatc any and all claims
Of the sad Indians against the
United States and officers
Navajo times., 1963-12-05

thereof, including claims ariS-
ing out of violations of the
treaty between the United States
and the Navajo Tribe of Indians,
ratified July IS 1868, and pro-
claimed August IL 1868, and
claims relating to the taking of,
or failure TO make available TO
said Indians, lands which the
United States is under obliga-
rion to make available TO said
Tribe and which said Tribe had
the legal and or equitable right
to own, posse SIS, or use. II snail
be the further duty Of said at
torneyS to take such action as
is nece ssary and proper, vic
ther before Government COM
mi SlOnS. agenCle 5, or IN the
courts, to obtain final deter
lnination by court judgment or
otherwise of all such claims
which said attorney 5 consider
to ilaVe substantial narlt. Gni-
pha aSis added.
The case Of tIeaiin V. Jones
originated as a land dispute be-
tween Iiopi Indians and Navajo
Indians. An Executive Order of
December 10, 1882, set aside GER
tain lands III Arizona for The use
and occupancy OF the "Aloqu (Fio-
pi), and such other Indians as the
Secretary of the Interior may sec
fit TO settle thereon. The flopiss
alleging that the area was their
ance stral home, claimed eXClu~
aivc rights in the entire tract.
The Navajo Tribe disputed the
Hopi content onS, Concedlng that
approximately one fifth ofthe area
was exclusive Ilopi territory but
contcn ndln9 that the remaining tour
Gfrhs belonged exclusively TO the
Naval 10, The Navajo Indians claim
IN the litigation 10 rights In the
land was based upon the 1882 Exc
cutivc Order and upon actions OF
the Secretary under that Order.
The Solicitor for this Depart
ment consi stemly held that the
Secretary lacked authority TO par
tition the lands in any way that
would exclude the Hop. Efforts TO
resolve the controversy we're un
sliCCc Sful.
This was the situation when
Congre IS enacted the act OF July
p, 1858, z Stat. 4O3. which de-
clarcd the lands within the 1882
Executive Order area TO bc held
by the United State in trust for
the liopi Indians and such other
indians, If any as heretofore have
been settled thereon by the Secrc-
tary Of the Interior pursuant to
suCh Executive Order. Eachtrlbe
and the United States were author
lZed to commence or defend an
action against each other Tor tfN
purpose OF deter mining the right :
and interests Of said parties in and
to SAID lands and quoting title
thereto in the tribes or Indians
& ,tabll shing such clai ms pur suanJ
to Gllc h Executive Order "a may
bu Just and fair in law and equity"
Section 3 of the 1858 act make s.
il clear thar no claim asserted
against the United States before
the Indian Claims Comm ssi on wa S
TO be affected by the leglslati on.
Navajo times., 1963-12-05

1t follows thar tie classification of
Healing Y. Jones as claims case
cannot be justified by the unamho-
rized additions made in Amend
nent No. ii of the Contract.
In conc !usion, therefore. Heal
ing Y. Jones is not "claims
case" within tie meaning of tire
original contract nor was Amend
mcnt No. ii effective 10 make it
such a case. The General Counsel
Continued On Page 81
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-04-12
AUTOMOBILES FOR SALE
Stafford RAMBLER

RAMBLER SO 4-dr.. stand, heater.
SELECT used car. Tyr. warranty.
only gQAE
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-04-12
AUTOMOBILES FOR SALE

T-BERD 81 hardtop. one owner,
fully equipped, low MI. real sharp
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
JAZZED-UP HYMNS
Church GrouPPro tests
Supper Club Singing

NEW YORK, Aug. 7 (AP).-
Are jazzed-up gospel songs
blasphemous?
The question was debated
last night in front Of the Sweet
Chariot supper club in the
Times Square theater district.
A Negro religious group gath
cred before the club on West
Torty-sixth street and sang
Negro spirituals TO protest the
;lub's "prostituting Of religious
songs and symbols Of the
church"
The clubs entertainers and
mattresses - the latter called
angels" and wearing skinny
costumes with wings came
outside TO engage in a sing duel.
20 when the saints d.. come
marchin' in" sang the % en-
oloyes, in the same fashion as
the jazzed-up gospel songs the
club features.
The church group responded:
Swing low. sweet chariot,
comm for 10 carry me home. !"
A large crowd Of theatergoers,
with nothing 10 do during in
Permission, flocked over. They
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07

quickly took sides. singing with
the group they championed.
"If / be lifted up" sang the
church supporters.
II don't want no coward
soldiers in this land" chorused
the clubs group.
One angel carried a sign
reading. Have Gospel Song
Will Travel"
Another held a sign saying,
I'VE Practice Integration--You
picketing Is Discrimination in
Reverse.
The Rev. c. S. Stamps Of the
Metropolitan Baptist Church in
Harlem, who led the religious
group, said the club was "blas-
pheming religious hymns" His
supporters carried signs saying
that religious songs should
not be used in a place Of this
nature"
A club spokesman said many
OF the so-called Gospel hymns
were written by Tin Pan Alley
composers and ere legitimate
night club fare,
The song-fest demonstration
continued for 2Ia hours.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07

that any nation which desires
can add its name in any one
of the three capitals, Washing
ton, London or Moscow.
So far Sc countries have sig
nified they want to sign the
treaty. Many of them will sign
in all three capitals even though
only one such act is necessary.
Richard I. Phillips, State De-
partment spokesman, said that
the ceremonies tomorrow will
begin early in the morning and
continue throughout the day.
The first nation scheduled
to sign is Australia, at 8:45
am. Undersecretary of State
George w. Ball, w. Averell
Hartman, Undersecretary of
State for political affairs, U.
Alexis johnson, Deputy Under
secretary for Political Affairs,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
Senate Boosts Service Pay,
Tackles Labor, HEW Funds

encourage more men with spe-
cial skills to remain in the serv-
ice.
Only recruits and lowest rank
ing privates and apprentice sea-
men with less than two years
service would fail to benefit
from the bill.
Reservists, National Guards
men and those already draw
ing military retirement would
share in the increases which are
estimated to cost taxpayers ST.
238, $4,000 additional annually.
The larger pay would become
effective October / under the
Senate version.
Both bills provide for a new
hostile fire pay, similar to the
wartime extra combat pay. 1t
See PAY, Page Ar
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
Johnson Leeds, Faces
Runoff in Mississippi

off matching the two top men
is held whenever no one in q
race can muster a majority.
30-year-old Negro student
at the University of MissiSsip-
ri, James H. Meredith. figured
largely in the campaign.
Mr.. johnson once barred
Mr.. Meredith from entering
Ole Miss a few days before
the desegregation crisis at the
school that famed into a
campus riot last September 80
Mr.. Meredith also figured in
the red-hot race for State at
torney general. Joe Patterson
bidding for reelection, appar-
entity won over charges that
he had not tried hard enough
to keep Meredith out.
1t was a two-man race with
Mr.. Patterson opposed by State
Senator John McLauren, who
was Gov. Ross Barnett's
See MISSISSIPPI, Page A.;
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
Agencies Urged to Give
Leave on Day of March

other problems facing the city
would be alleviated If large
numbers Of Government work.
ers stayed home that day.
There are about 100000 Gov
eminent workers in the Wash
ington area, with a high per-
centage of them concentrated
In the downtown and adjacent
areas where the bulk of the
demonstrators will be massed.
Washington leaders of the
march had been expecting at
least 10000 District residents
to join the demonstration. This
hope, however, was expressed
before the csc decision was
made public.
A top csc official said: eve
are doing everything we can
to encourage our employees to
stay home that day.
we are emphasizing to al
Government agencies that it Is
our hope that they will grant
annual leave that day to al
employees who ask it, unles:
their services that day are alb
solutely Indispensable"
Some of the $4,000 Negro
Federal employees in the Wash
ington area are expected to
want to use their annual leave
on the 28th to participate ir
the civil rights demonstration.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
Howard Smith
Becomes III on
Way to House
BY GARRETT d. HORNER
Star Staff Writer
BY the Associated Press

Representative Howard w.
Smith. Democrat Of Virginia,
chairman of the House Rules
Committee, became III today
while en- route TO a COM
mittee meeting and was put
under the care Of DR.. George
w. Calver. congressional ply
sician.
DR.. Calver described the 30
year-old Representatives. con-
dition as satisfactory" He
said the Congressman appar-
emily was suffering from indi-
gestion or a mild case Of
influenza.
Mr.. Smith turned down n
suggestion that he 60 to a
hospital for several days OF
rest and decided instead to 60
to his home in Alexandria, Va.
Mr.. Smith became III while
walking from his office to the
Capitol for a Rules Committee
session. He said he felt "shaky
and chilly" and decided to see
the doctor. He walked to DR..
Calver's office unassisted.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07

JACKSON, Miss, Aug. Z
(AP).-Former Gov. J. P. Cole
man and 1t. Gov. Paul john
son braced today for a runoff
campaign to see which will be
the Democratic nominee for
Governor.
Mounting unofficial returns
from yesterdays Democratic
primary apparently made them
the top top men in a four-man
race.
With 1,453 of 1882 precincts
reported, Mr.. johnson had
1l0,987 votes to Mr.. Coleman's
1856.
The No. 8 man in the race
Charles Sullivan, had 1888
Robert Mason Of Magee. q
65-year-old welder who runs
for fun, had 1,704.
The runoff election will bt
held on August 20. Under the
States primary system, a run
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07

|terday the administrations pub
lie defender bill to provide paid
counsel for poor defendants in
all Federal courts. This bill has
not passed the House.
1t would allow each judicial
district a choice of appointing
regular public defenders. OF
paying compensation to indi-
vidual lawyers who are assign
ed from time to time to de-
fend INDECENT persons.
The military pay bill cleared
the Senate by a vote of "a to 0,
after Senator Cannon, Demo-
crat, of Nevada. the floor
manager, resisted several eff
forts to change it.
1t is the first military pay
raise to go through Congress
since 1858, and is intended to
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07

and william C. Foster, Director
of the Arms Control and Dis
armament Agency. will be pres
ent for the occasion.
In diplomatic circles it is
considered an honor to sign
the first day the treaty is
opened to other nations. Mr..
Phillips said the order of sign
ing has been determined on
the basis of requests received.
The other nations in their
order of signing are:
In most cases Mr.. Phillips
said the department expects
ambassadors to sign the treaty.
Similar ceremonies are expected
to continue on Friday and
next week until all countries
which desire will have had the
opportunity to add their names.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07

Poy TobIe. Page AZ
tive service and more than 417.-
900 retired military men goes
back to the House today for
action on Senate amendments.
The Senate bill gives more
generous increases than does
that of the House in many cate
gories, but eliminates hig h e
subsistence allowances prev
iously approved by the House
This was done to give the PEN
tagon more time to review sub
sistence payments.
The House probably will ask
for a conference on Senate
changes. There had been some
indications last night that the
House might accept the Senate
bill and send it directly to the
President. But Representative
Rivers, Democrat of South
Carolina, in charge of the bill,
said today he felt the bill might
be improved by sending 1t to
conference.
The Senate also passed yes
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
Kudor on Vocation

BUDAPEST, Hungary, Aug. Z
CAP. Premier Janos Kadar
began his annual vacation to-
day, the Hungarian news
agency NIT reported. The
agency did not indicate where
he will go.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07


day to Government workers
That, in effect, would be a holi.
day without charge to their an.
nual leave.
However, in answer to nu.
merous agency inquiries re,
garding the policy to be fol.
lowed that day, the csc hal
advised that wherever possible
employe requests for annua
leave on August % be granted
A number OF Government
workers already have made
such requests, commission Off
Gals said.
With an estimated 150.00(
participants expected to comI
to Washington for the demon
strations August IS, Federal Of
ficials feel that the tire,
mendously congested traffic
parking, eating facilities ant
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07


attitude, an influential Repub-
ican Senator who asked not
to be quoted by name said he
and a majority Of his colleagues
have reached the conclusion
that 1--WE can't afford politically
to vote against this treaty"
There are a number Of risks
involved that I don't like to
see us take as a nation" he
said. But if the Joint Chiefs
of Staff say that. on balance.
it is acceptable-and 1 believe
they will-we don't have any
choice but to support it."
"Cites Mother Vote"
He attributed this in part TO
what he called the mother
vote"-women who have feared
that nuclear fallout might re-
suit in deformed children and
who believe the treaty may
eliminate this danger.
AS a result, the Republican
Senator said that, after ex-
tensive hearings beginning
Monday, he expects to see OPP
position virtually collapse.
President Kennedy plans to
submit the treaty to the Senate
tomorrow with a special mes
sage urging its ratification.
White House Press Secretary
Pierre Salinger said today.
Democratic leaders have said
they are confident Of getting
the necessary support of two
thirds of those voting. But they
have been wooing @. o. P.
backing in order to attain
overwhelming bipartisan ap-
prevail.
Republican Leader Dirksen Of
Illinois said that there is a
wide variation in the mail
Senators have been receiving
on the treaty. He said he him
self had had 5000 letters which
were divided equally in favor
and in opposition to ratifica-
ton.
Senator Dirksen told a news
See TREATY, Page A-6
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
1o Motions Set to Siqn
A-Poct Here Tomorrow
Australia to Start AII-Doy Ceremony
AS Agreement Is Opened to Others
BY BERNARD GWERTZMAN
Star staff Writer

Nineteen nations win add their to the partial
nucear test ban treaty at formal the State
Department tomorrow.
The treaty. banning all but underground nuclear ex-
ploSons was signed in Moscow Monday by the United
States Great Britain the Soviet Union 1t provides
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
BY ia. O'LEARY
Star Staff Writer

The Senate took up the $5.4
billion budget for the Depart
ments of Labor and Health, Ed.
ucation and Welfare today aft
er passing the $l.2 billion mil
itary pay increase late yester-
day.
The pay bill, raising the COM
pensation of two million in &C
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
Is Navy Secretary KOrth
involved in Conflict of
interest" regarding the con-
troversioi General Dyn0mies
TEX controct2

CoIumnist Richard Wilson
onoIyzes contrasting public
reactions to ethical stand
ards Of high OffieioIs from
one administration to on
other.
Page Ais
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07

FORT Az PRINCE, Haiti
(AP).-Haitian troops have
crushed a small force of rebel
invaders on the north coast,
official sources said today. A
formal announcement Of the
defeat Of the insurgents was
expected later in the day.
Details of the first battle
fought between invading rebel
forces and troops of Haitian
dictator Francois Duvalier were
disclosed here today by a
Haitian diplomat, who accused
the Dominican Republic of
furnishing men, weapons and
trucks to the attackers.
Robert Theard, charge DAFT
flares Of the Haitian Embassy
here, told reporters the attack
was originated on Dominican
soil and is being carried out
with the completely Of the
Dominican Republic.
He made the charge in a
press conference at the embassy
as reports from the Caribbean
island indicated the exile forces
were driving southwest toward
GonaiveS after bypassing the
important port city of Cap
Haitien.
Zero Hour of Midnight
The first attack was launched
between midnight and 2 am.
Monday, Mr.. Theard charged.
when 800 troops crossed a 100
foot-long bridge over the Mas
sacre River from the Dominican
city of Dajabon and captured
the town Of Ouanaminthe.
Haiti never had more than $50
soldiers stationed at Ouana-
mtnthe, the diplomat declared,
while the Dominican garrison
in Dajabon has numbered up
to 5000 troops.
I'VE are sure there was fight
ing at Ouanaminthe," Mr..
Theard said, 'but we do not
know any details Of casualties
or prisoners.
I'VE want to point out that
the bridge is the only link be-
tween Ouanaminthe and the
Dominican Republic and that,
due to the closeness of the
cities, most Dominicans in the
area speak Creole and many of
them look like Haitians."
Accuses DOminicans
He said it is the case of
a foreign government (the
Dominican Republic) giving
trucks, arms, ammunition and
all military supplies to a group
OF people whose nationality
may be very well guessed, under
the command Of a former gen.
eral Of the Haitian army"
Pressed by reporters as to
the nationality of the invaders,
Mr.. Theard indicated many of
them were Dominicans able to
pose as Haitians because of
their ability to speak the dialect
Of the Negro republic.
He said he had received no
reports from Port au Prince
about Haitian army troops de-
fecting to the invading forces
Of Gen. Leon Contave. Ameri-
can sources, however, indicated
See HAITI, Page AS
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-07
BY JOSEPH YOUNG
star Staff Writer

The Civil Service Commission
is encouraging Federal agencies
to allow employees to take an
nual leave on August % when
the march on Washington for
civil rights takes place.
Officials have decided against
giving administrative leave that