Estimate of funds required to defray expenses in Klamath litigation in all claims through appeals to Court of Claims and Supreme Court of the United States, and possible termination litigation-Continued

III. CLAIM FOR GENERAL ACCOUNTING continued

Whereas the attorney contract under which Ernest L. Wilkinson is authorized and directed to prosecute claims against the United States on behalf of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians was conditionally approved by the Acting Commissioner of Indian Affairs on November 22, 1957, extending the contract for a period of 5 years beginning March 25, 1957; and

Whereas the conditions attached to the contract were accepted by the attorney in a letter to the Commissioner of Indian Affairs dated November 26, 1957; and Whereas the conditions were accepted on behalf of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians through adoption of a resolution by the Klamath Executive Committee on December 3, 1957; and

Whereas Public Law 587, 83d Congress, as amended by Public Law 85-132, 85th Congress, allows each member of the Klamath Tribe to elect whether to withdraw and have his interest in tribal property converted in money and paid to him, or to remain in the tribe and participate in the tribal management plan to be prepared pursuant to the law and notwithstanding withdrawal permits (sec. 8 (c)) sharing in the proceeds of tribal claims against the United States; and

Whereas the Klamath claims against the United States are still pending and will be pending for some time before the Indian Claims Commission, and there remains the possibility of appeals to the Court of Claims and petitions for certiorari to the Supreme Court of the United States, all time-consuming possibilities; and

Whereas the steps remaining in the process of litigation will involve possible substantial financial outlays for expert witnesses, costs of appraisals and other costs as yet unknown; and

Whereas it is deemed advisable for the benefit of the Klamath Tribe as a whole, including prospective withdrawees, that adequate funds be set aside for completion of the litigation prior to the time the election provided for by Public Law 587 is here: Now, therefore, be it

Resolved, That the Secretary of the Interior be authorized and requested to establish a separate fund in the amount of $350,000 from any available Klamath tribal funds for the purpose of providing a reserve of necessary funds for prosecution of the Klamath claims against the United States; be it further

Resolved, The Secretary of the Interior is requested to administer this fund in accordance with the existing contract and law; be it further

Resolved, The Secretary of the Interior is requested to take such steps as are necessary consistent with law to provide for the preservation of the fund for the purpose for which it is created, and to distribute or arrange for distribution of any balance remaining, after its purpose has been achieved, to the members of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians in

cluded in the proclamation of final roll of the tribe published in the Federal Register for November 21, 1957, or to the heirs of such members.

Attest:

Chairman, Klamath Executive Committee.

Secretary, Klamath Executive Committee.

RESOLUTION

Whereas section 6 (c) of Public Law 587, as amended, provides that nothing shall prevent withdrawing Klamath members from sharing in the proceeds of tribal claims against the United States; and

Whereas section 21 of Public Law 587 saves for the Klamath Tribe any right, privilege, or benefit granted by the Indian Claims Commission Act of August 13, 1946; and

Whereas by section 23 of Public Law 587, the Secretary is authorized to issue rules or regulations to effectuate the purposes of the act; and

Whereas in order to assure completion of prosecution of the Klamath claims, the executive committee has adopted a resolution authorizing the establishment of a separate fund to pay expenses incident to prosecution of the Klamath claims; and

Whereas it is deemed necessary to seek adequate regulations or an amendment to Public Law 587 to provide for supervision and disbursement of the fund subsequent to the termination date in the event the litigation is not concluded by that date; and

Whereas it is deemed necessary and desirable to provide for a method of negotiating with and supervising the claims attorney in subsequent phases of the litigation, including execution of new contracts, extension of the existing contract, or amendments to the existing or new contracts: Now, therefore, be it Resolved, That the Klamath Executive Committee, acting for and on behalf of the Klamth and Modoc Tribes and Yahooskin Band of Snake Indians, requests and directs the tribal attorneys to seek approval by the Secretary of adequate regulations pursuant to Public Law 587 or to seek amendments to Public Law 587 which will be adequate to provide for continuing supervision of the fund to be established by the Secretary of the Interior; be it further

Resolved, That the Secretary is requested to adopt regulations establishing and maintaining a committee representative of the entire Klamath Tribe, empowered to exercise all powers which the tribe itself now possesses with respect to its claims against the United States and their complete liquidation, such powers to include without limitation the power to enter into all contracts connected with claims litigation and whether with attorneys, experts, or others; to approve or reject proposed settlements; and to authorize or refuse to authorize appeals, in each instance subject to approval by the Secretary of the Interior or his authorized representative (to the extent now subject to such approval) so long as the Secretary shall retain such powers, and thereafter to be subject to approval of such official or trustee, if any, as may be designated by the Secretary.

Attest:

Chairman, Klamath Executive Committee.

Secretary, Klamath Executive Committee.

CHILOQUIN, OREG., January 22, 1958.

To the CHAIRMAN and SECRETARY of the EXECUTIVE COMMITTEE,
KLAMATH AGENCY, OREGON

(Attention: Mr. Delford Land and Mr. Dibbon Cook.)

This is to register our objection to the request, of January 8, 1958, of the law firm of Wilkinson, Cragun and Barker of Washington, D. C., for the amount of $350,000 from the tribal funds of the enrolled members of the Klamath Indian Reservation. Said funds to be used for the expenses of the attorneys and persons employed by them in the prosecution of claims against the United States.

We were unable to be present at the morning session of the committee, January 21, 1958, and therefore request to have this letter incorporated as a part of the minutes, or if not a part of the minutes, attached thereof, to register our objection to the allotment of tribal funds in the sum of $350,000.

You will recall that we stated upon adjournment of the committee that we would not accept salary for the morning session, because we were not present. Very truly yours,

IDA CRAWFORD.
WADE CRAWFORD.

Mrs. CRAWFORD. I should like to say that by inferences and innuendo, it appeared that there is some reflection cast upon us that we are attempting to engage or be engaged by some members of the tribe as agents for others to do something unfair.

We will come right out and answer any questions or accusations right straight across the board, but there is positive proof that that is the situation on the other side. These people are constantly trying to cast shadows and reflections upon our character, and I am just not going to sit idly by and listen to it.

It is so unjust, but it is trivial too--the working of small minds. I just hate to be a party to it.

I have another letter which I should like to read into the record. (The letter is as follows:)

Mr. GLEN A. WILKINSON,

Klamath Tribal Attorney,

Washington, D. C.

CHILOQUIN, OREG., February 4, 1958.

DEAR MR. WILKINSON: We the undersigned members of the Klamath Reservation discussion group, are sending you herewith a copy of a petition (the original being retained by the group) which was circulated among Klamath tribal members from February 1 to 3, 1958. This petition explains the attitudes of those tribal members whose signatures are found thereon toward any proposed amendments to Public Law 587 which would defer payment to Klamath tribal members for tribal lands sold under section 5 of Public Law 587.

As you will note, the petition deals specifically with section 32 of H. R. 9737, recently introduced by Representative A. Ullman, but also concerns itself, with any other deferred-payment amendments which may be proposed, and affirms that those tribal members who have signed the petition, 240 in number, are unalterably opposed to such amendments.

We are sending copies of this letter only to tribal delegates now in Washington, D. C., and wish to request that you inform these delegates that you have received a copy of the petition itself. We further request that you make this petition available to the delegates and that you explain it to them where necessary so that they may become thoroughly acquainted with it.

Please note that the petition is also being sent to the following: Representative James A. Haley, chairman, Subcommittee on Indian Affairs, Senator Richard Neuberger, chairman, Subcommittee on Indian Affairs, and National Congress of American Indians.

Sincerely yours,

Mrs. IMA JIMINEZ, President, Klamath Reservation Discussion Group. Mrs. MARIE NORRIS, Secretary, Klamath Reservation Discussion Group.

Mrs. CRAWFORD. I should like to say Mr. Wilkinson handed this to me yesterday at the beginning of the committee hearings.

Mr. CRAWFORD. I would like to incorporate the petition in the record at this point.

98089-58-pt. 214

(The petition, referred to above, is as follows:)

PETITION

We, the undersigned, enrolled members of the Klamath Tribe, are familiar with section 32 of H. R. 9737, which was introduced in the House of Representatives on January 8, 1958, by Representative A. Ullman of Oregon. We note that this section provides that payment to tribal members for tribal lands purchased by the Secretary of the Interior be made in nonnegotiable, unassignable bonds issued by the Secretary of the Treasury, such bonds being payable in 20 equal annual installments.

We, the undersigned, are unalterably opposed to this bond proposal or to any other such plan which would defer payment to tribal members for tribal lands sold under section 5 of Public Law 587.

We, the undersigned, insist that immediately upon the sale, whether to governmental or private purchasers, of the entire tribal estate to be sold, disbursement in full must be made to tribal members of their respective shares of funds received through such sale. We further insist that such sale and disbursement of funds must be accomplished not later than August 13, 1960. Lottie Miller, Ima L. Jimenez, Robert Doak, Ramon Jimenez, Peggy Jimenez, Aggie S. Butler, Dorothea E. McAnulty, Leatha G. Richards, Lois Sabestian, Franklyn Mary Cowen, Walter C. Huitt, Inez Lang, Ellsworth Lang, Mary M. Johnson, Rena Brown, Clarice Lotches, Marjorie Ann Walker, Mrs. Nettie Smith, Clarence Clinton, Beulah Clinton, Leslie Stanley, Hawley H. Hood, Ethel Mae Hood, Margaret J. Huntsinger, Loutella Moore, LeRoy Godowa, Corrine Godowa, Jeff N. Hull, B. W. Hamilton, Gilbert C. Nelson, George Anderson, Alameda Ashworth, Orville Davis, Donald Barkley, Pearl McNair, Raymond M. Faithful, Lila H. Amos, Cordelia Jackson, Owen Riddle, Dale McNair, Phyllis McNair, Lawrence L. Witt, Edward I. Mitchell, Ben F. Mitchell, Betty S. Mitchell, Betty Nealy, Darlene Sanchez, Mabel B. Shuey, Flornida L. Soto, Lauranda L. Captain, Marie D. McAuliffe, Birdie T. Joe, Philip D. Jackson, Anna M. Copperfield, Virgil D. Jackson, Jessie Jackson, Royce L. Brown, Eleanor McNoise, Pearl Allen Foster, Simeon B. Riddle, Jr., Mrs. Elsie Riddle, Christina Allen, Elnathan Davis, Leona W. Hoover, Patricia L. Hill, Wendell Brown, Avery Charles, Ruth Charles, Helen Lotches Merritt, Arlene Unive, Calvin Chipps, Charlie Hill, Pat Silvers, Lyda Miller, Ivy Anderson, Joe Miller, Jr., Ormie B. Jordain, Karen M. Hatcher, Grover Clarkson, W. E. Crim, Chauncy Miller Lotches, Armenia Brown, Minerva R. Brown, Reta N. B. Clarkson, Enid David Sortwell, James David, Marian Crain, Shirley Foster, Furman Crain, Gertrude Brown, Glen Brown, Carrie Weiser, Paul Bellm, Rose Marie Lang, Vernie Hood, Mrs. Vernie Hood, Lee Roy Hoover, Frances B. Weiser, Amelia B. Frost, Wilda Weiser, Leslie B. Robinson, Jr., Effie J. Barkley, Mildred Chavez, Glen S. Lopez, Elva Lopez, James E. Godowa, Jr., Irwin Weiser, Jr., Cleve Hecocta, Millie Wilson, Evangline Schonchin, Alice J. Chipps, Clarice Chipman, Jessie Hescock, F. G. Kirk, Wilbur Eggsman, Sr., Mabie Eggsman, Worden G. Eggsman, Fred Hood, Walter Eggsman, Pansy Douglas Ohles, Errol D. Hatcher, Lydia Crain, Ruth Kirk, Newton D. Moore, Robert Long, Grace Lalo, Blanche S. Shadley, Ransom Cowen, Nick Rossi, Jr., Paul Wilson, Ethel Miller Walker, Ivan Joe, Geraldine Dexter, Alma Walker, Irene Mann, Beatrice G. Walker, Marcella L. Allen, Albert R. Summers, Frank Summers, Marie Garcia Norris, Veryl J. Nelson, Carmelita G. Hicks, Carroll L. Shadley, Vernon R. Unive, Barbara B. Unive, Vera Walker, Myron L. Barkley, Dally D. Lotches, Don F. Kirk, Christine Dawson, John Jackson, Sr., Alfred Butler, Phoebe Foster, Mrs. Betty Lee Lotches, Mildred Moore, Melvira Tofthagen, George DuVall, Cassie L. Case, Lavinia Monteau, Orthelia C. Ortis, Clarence Henthorne, Enna Foster, Winnie M. Henthorne, Mary Burgdorf, Naomie Crain, Patsy Crume, Tillie Herkshan, Ruby Taylor, Linda Sandoval, Bybee Butler, Marvin Isaacs, Gerald F. Chester, Franklin Hoover, Frances Parks, Eldon James Cress, Nettie Alberta Cress, Alice O. Hood, Ronald J. Hatfield, Robert W. Kirk, Richard O'Donovan, Harry F. Wright,

Florence Cole, Edward Cole, Ida Hoppe, Effie Driscoll, William C.
Walker, Harold Bell Wright, Ruby Wright, Vernon Joe, Victor
Jackson, Luetta Hatcher, Howard Crume, Cassie Parazoo, Mary-
etta Wright, Lola Gallagher, Winifred Anderson, LeRoy A. Hicks,
Norma Jackson, Robert O. Barkley, Laura J. Hoover, Ella Wilson,
Leon Hicks, Clifford Barkley, Ellen E. Harrington, Elmira
Wright, Melvin L. Barkley, Gladys Lotches, Rose Zamudio, Wil-
lard T. Hull, Beryl David, Christine Manning, Gaylor L. Hatcher,
Tiny R. Dunagan, Jessie Anderson, Oscar Tilton Anderson, Hard-
ing Andy Brown, Enos Herkshan, Lloyd L. Lotches, John Alfred
Barkley, Wayne Hatcher, Ruth Farris, Flava Yates, Barbara
Riddle, Catherine Jackson, Leroy Jackson, Lupe Miller, Elwood
Miller, Ramona Tupper, Arabella D. Johnson, Alvin Beal, Roland
Hicks, Rufus Hicks, Nora Crume Foreman, Mildred Riddle, Myra
Dick, Nora Hawk, Eda Mae Jackson, Harley Jackson, James
Wright, Theodorna Wright.

Mr. CRAWFORD. I think it is very important because the petition. shows, Mr. Chairman, the viewpoint of 240 adult members speaking for themselves and their children. They do not want any amendment to extend the time after 1960.

Senator NEUBERGER. In other words, they want the Termination Act to run its course as presently written?

Mr. CRAWFORD. Yes; either out and out Federal purchase or the Termination Act to run.

Senator NEUBERGER. Now you have qualified it. You said they do not want any change. You said out and out Federal purchase. Now, what do they want?

Mr. CRAWFORD. They do not want any time extended for which Mr. Wilkinson and others have been advocating to you and your committee. It shows that the members of the executive committee here before you yesterday and today do not represent those people's viewpoint and they do not represent the Klamath Tribe.

I want to say in that connection now, you notice that Mr. Wilkinson claims he is the tribal attorney and represents the Klamath Tribe. He does not represent me nor Mrs. Crawford nor our group, nor did he represent the people on this petition. I want to point out in that petition that no member of my family appears thereon. I had nothing to do with that petition and I know nothing about it. So it clearly shows that Mr. Wilkinson's firm and these delegates are not representing the trible, so we will have that settled once and for all.

Senator NEUBERGER. I would like to ask you a question about the point you just made. You said the signers of this petition would favor out-and-out Federal purchase. You said they would favor as one of the alternatives, out-and-out Federal purchase. Do they or do they not?

Mr. CRAWFORD. Just read the letter. It speaks for itself.
Senator NEUBERGER (reading):

We, the undersigned, enrolled members of the Klamath Tribe, are familiar with section 32 of H. R. 9737, which was introduced in the House of Representatives on January 8, 1958, by Representative A. Ullman, of Oregon. We note that this section provides that payment to tribal members for tribal lands purchased by the Secretary of the Interior be made in nonnegotiable, unassignable bonds issued by the Secretary of the Treasury, such bonds being payable in 20 equal annual installments.

We, the undersigned, are inalterably opposed to this bond proposal or to any other such plan which would defer payment to tribal members for tribal lands sold under section 5 of Public Law 587.