B-80697, B-81894, B-81895, B-81896, JUN. 23, 1955

B-80697,B-81894,B-81895,B-81896: Jun 23, 1955

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ATTORNEY AT LAW: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 18. HONNOLD MAY HAVE FOR SERVICES RENDERED IN CONNECTION WITH THE PROSECUTION OF THE CLAIMS OF THE KAW TRIBE OF INDIANS AGAINST THE UNITED STATES IS ONE AGAINST MR. BUSHYHEAD AND WITH WHICH THE UNITED STATES IS NOT CONCERNED. THE CASES WERE REMANDED TO THE INDIAN CLAIM COMMISSION FOR FINDING OF FACT AND THE COMMISSION'S OPINION ON THE QUESTION OF WHICH GROUP OF INDIANS. WAS ENTITLED TO REPRESENT THE KAW TRIBE OF INDIANS IN ITS CLAIMS BEFORE THE INDIAN CLAIMS COMMISSION AND WHICH GROUP OF ATTORNEYS. WAS ENTITLED TO PROSECUTE SUCH CLAIMS. WERE ENTITLED TO REPRESENT THE KAW TRIBE OF INDIANS IN ITS CLAIM BEFORE THE INDIAN CLAIMS COMMISSION.

B-80697, B-81894, B-81895, B-81896, JUN. 23, 1955

TO O. R. MCGUIRE, ATTORNEY AT LAW:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 18, 1955, TRANSMITTING A COPY OF THE PETITION FILED IN THE CASE OF ARTHUR B. HONNOLD V. DENNIS BUSHYHEAD, NO. 89388, IN THE DISTRICT COURT IN AND FOR TULSA COUNTY, STATE OF OKLAHOMA, WHEREIN THE PLAINTIFF SEEKS JUDGMENT AGAINST THE DEFENDANT FOR ONE-HALF OF SUCH FEE AS MAY BE ALLOWED THE ATTORNEYS FOR THE PLAINTIFFS IN THE CASE OF FELIX MCCAULEY, A MEMBER OF THE KAW TRIBE OF INDIANS, ON THE RELATION OF ALL MEMBERS OF THE KAW TRIBE OF INDIANS V. UNITED STATES, BEFORE THE INDIAN CLAIMS COMMISSION, DOCKETS NOS. 33 AND 35. IN SUBMITTING THE COPY OF THE PETITION TO THIS OFFICE, YOU STATE THAT THE SAME DEFINITELY PUTS IN ISSUE WHATEVER FEE MAY BE ALLOWED IN THE CITED CASE.

IT SEEMS CLEAR FROM THE ALLEGATIONS IN THE PETITION THAT WHATEVER RIGHT OF ACTION MR. HONNOLD MAY HAVE FOR SERVICES RENDERED IN CONNECTION WITH THE PROSECUTION OF THE CLAIMS OF THE KAW TRIBE OF INDIANS AGAINST THE UNITED STATES IS ONE AGAINST MR. BUSHYHEAD AND WITH WHICH THE UNITED STATES IS NOT CONCERNED.

THE RECORD SHOWS THAT ARTHUR B. HONNOLD AND JOSEPH L. CROSS FILED A MOTION IN THE COURT OF CLAIMS ON BEHALF OF THE KANSAS OR KAW TRIBE OF INDIANS, FOR LEAVE TO INTERVENE IN ORDER TO FILE A MOTION TO DISMISS THE APPEALS IN DOCKETS NOS. 7-52, 8-52 AND 9-52, FILED BY WILFRED HEARN (ONE OF THE BUSHYHEAD ASSOCIATED ATTORNEYS) ON BEHALF OF FELIX MCCAULEY, A MEMBER OF THE KAW TRIBE OF INDIANS, ON THE RELATION OF ALL MEMBERS OF THE KAW TRIBE OF INDIANS. THE APPEALS INVOLVED JUDGMENTS ENTERED BY THE INDIAN CLAIMS COMMISSION ON SEPTEMBER 17, 1951, AND MAY 15, 1952, IN CASES NOS. 33, 34 AND 35 BY FELIX MCCAULEY, ET AL. ON JULY 13, 1953, THE CASES WERE REMANDED TO THE INDIAN CLAIM COMMISSION FOR FINDING OF FACT AND THE COMMISSION'S OPINION ON THE QUESTION OF WHICH GROUP OF INDIANS, I.E., THE MCCAULEY GROUP OR THE CROSS GROUP, WAS ENTITLED TO REPRESENT THE KAW TRIBE OF INDIANS IN ITS CLAIMS BEFORE THE INDIAN CLAIMS COMMISSION AND WHICH GROUP OF ATTORNEYS, I.E., THE HEARN (BUSHYHEAD) GROUP OR THE HONNOLD GROUP, WAS ENTITLED TO PROSECUTE SUCH CLAIMS.

BY AN ORDER ENTERED FEBRUARY 16, 1955, THE COURT OF CLAIMS DENIED THE MOTION OF ARTHUR B. HONNOLD FOR RELIEF TO INTERVENE AND TO FILE MOTION TO DISMISS AND, IN CONNECTION THEREWITH, THE COURT MADE THE FOLLOWING STATEMENT:

"ON JUNE 24, 1954, THE INDIAN CLAIMS COMMISSION ISSUED ITS FINDINGS OF FACT AND OPINION, WHEREIN IT RULED THAT FELIX MCCAULEY, ET AL; WERE ENTITLED TO REPRESENT THE KAW TRIBE OF INDIANS IN ITS CLAIM BEFORE THE INDIAN CLAIMS COMMISSION, AND THAT THE HEARN GROUP OF ATTORNEYS WAS ENTITLED TO PROSECUTE SUCH CLAIMS; THAT THE JOSEPH L. CROSS GROUP REPRESENTED BY THE HONNOLD GROUP OF ATTORNEYS WAS GUILTY OF LACHES WITHIN THE MEANING OF SECTION 10 OF THE INDIAN CLAIMS COMMISSION ACT IN THAT IT HAD NEVER ATTEMPTED TO PROPERLY PROSECUTE ALL THE CLAIMS OF THE KAW TRIBE OF INDIANS BEFORE THE INDIAN CLAIMS COMMISSION AND WAS THEREFORE NOT THE PROPER GROUP TO REPRESENT THE TRIBE IN ITS CLAIMS BEFORE THE COMMISSION. SAID FINDINGS AND CONCLUSIONS OF THE INDIAN CLAIMS COMMISSION ARE FULLY SUPPORTED BY SUBSTANTIAL EVIDENCE BASED UPON THE WHOLE RECORD AND ARE HEREBY AFFIRMED.'

IN VIEW OF THE FOREGOING, INSTRUCTIONS ARE BEING ISSUED TODAY DIRECTING THAT APPROPRIATE ACTION BE TAKEN TO AUTHORIZE PAYMENT TO DENNIS BUSHYHEAD AND HIS ASSOCIATES OF THE ATTORNEY'S FEES ALLOWED BY THE INDIAN CLAIMS COMMISSION IN THIS CASE.