B-80697, B-81894, B-81895, B-81896, SEP. 9, 1955

B-80697, B-81894, B-81895, B-81896, SEP. 9, 1955

TO COMMISSIONER OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR:

REFERENCE IS MADE TO A LETTER DATED JULY 7, 1955 (BUDGET AND FINANCE 21283-48), FROM THE ACTING COMMISSIONER OF INDIAN AFFAIRS, RETURNING CERTIFICATE OF SETTLEMENT NO. 2262668, ETC., ISSUED BY THE CLAIMS DIVISION OF THIS OFFICE, COVERING ATTORNEY'S FEE AND EXPENSES OF DENNIS BUSHYHEAD IN CONNECTION WITH AN AWARD BY THE INDIAN CLAIMS COMMISSION IN FAVOR OF THE KAW TRIBE OF INDIANS, DOCKET NOS. 33, 34 AND 35.

TRANSMITTED WITH THE LETTER OF JULY 7, 1955, WAS A LETTER DATED JULY 5, 1955, FROM O. R. MCGUIRE, ESQUIRE, ATTORNEY FOR THE EXECUTRIX OF THE ESTATE OF ARTHUR B. HONNOLD, TO THE SECRETARY OF THE INTERIOR, TO WHICH WAS ATTACHED A COPY OF A JUDGMENT ENTERED JUNE 25, 1955, BY THE DISTRICT COURT IN AND FOR THE COUNTY OF TULSA, OKLAHOMA, FOR $95,698.80, IN FAVOR OF THE EXECUTRIX AND AGAINST DENNIS BUSHYHEAD, PURPORTING TO BE ONE-HALF OF THE FEE ALLOWED BY THE INDIAN CLAIMS COMMISSION IN THE KAW INDIAN CASES. MR. MCGUIRE EXPRESSED THE VIEW THAT THE FUNDS ORDERED TO BE PAID ARE SUBJECT TO THE LIEN THEREON DECLARED BY THE COURT IN THE JUDGMENT AND HE ADVISED THAT MR. BUSHYHEAD SHOULD NOT BE ISSUED ANY CHECK UNTIL THE JUDGMENT IS SET ASIDE OR MODIFIED. SINCE THE SETTLEMENT OF THE ATTORNEY'S FEE AND EXPENSES IN THIS CASE IS FOR CONSIDERATION AND DISPOSITION BY THIS OFFICE, YOUR OFFICE REFERRED THE ENTIRE FILE HERE FOR APPROPRIATE ACTION.

WITH LETTER DATED JULY 25, 1955, WHEELER AND WHEELER, ESQUIRES, 720 FIRST NATIONAL BUILDING, TULSA, OKLAHOMA, TRANSMITTED TO THIS OFFICE A COPY OF A MOTION FOR THE APPOINTMENT OF A RECEIVER FILED IN THE CASE OF ARTHUR B. HONNOLD (GEORGIA W. HONNOLD, EXECUTRIX OF THE ESTATE OF ARTHUR B. HONNOLD, DECEASED) V. DENNIS BUSHYHEAD, IN THE DISTRICT COURT IN AND FOR TULSA COUNTY, STATE OF OKLAHOMA, NO. 89385. SUBSEQUENTLY UPON AN APPLICATION FILED BY MRS. HONNOLD IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF ARTHUR B. HONNOLD, DECEASED, THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, CIVIL ACTION NO. 3550-55, RESTRAINED THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF THE TREASURY FROM TAKING ANY ACTION WHATEVER TOWARD THE ISSUANCE OF ANY CHECKS, VOUCHERS, OR IN PAYING CASH TO THE ORDER OF OR TO DENNIS BUSHYHEAD, ETC. THEREAFTER, THE MATTER CAME ON FOR A HEARING ON THE MOTION FOR A PRELIMINARY INJUNCTION AND THE SAME WAS DENIED, THE COURT STATING THAT THE MATTER IS MOOT SINCE THE DISTRICT COURT IN AND FOR TULSA COUNTY DENIED THE APPLICATION FOR THE APPOINTMENT OF A RECEIVER AND DISSOLVED A TEMPORARY INJUNCTION AGAINST BUSHYHEAD, HIS AGENTS, ETC. IN A MEMORANDUM FILED IN THE CASE OF AUGUST 30, 1955, THE COURT SAID, AMONG OTHER THINGS, THAT---

"AS FAR AS THE UNITED STATES IS CONCERNED, THE RIGHTS OF DENNIS BUSHYHEAD, ET AL., HAVE BEEN DETERMINED BY THE INDIAN CLAIMS COMMISSION AND BY THE UNITED STATES COURT OF CLAIMS, AND I SEE NO JUSTIFICATION FOR HOLDING UP PAYMENT OF THE MONEY WHICH IS DUE DENNIS BUSHYHEAD, ET AL., AND WHO ARE NOT NAMED AS PARTIES HEREIN.'

UNDER THE CIRCUMSTANCES, IT DOES NOT APPEAR THAT PAYMENT OF THE ATTORNEY'S FEES AND EXPENSES SHOULD BE FURTHER DELAYED. ACCORDINGLY, THE PAPERS TRANSMITTED WITH THE LETTER OF JULY 7, 1955, ARE RETURNED HEREWITH AND YOU ARE ADVISED THAT THE CERTIFICATE OF SETTLEMENT SHOULD BE SCHEDULED FOR PAYMENT.