PAYMENT OF ROYALTIES TO ROBERT TOQUOTHTY

FRIDAY, JANUARY 20, 1928

UNITED STATES SENATE, COMMITTEE ON INDIAN AFFAIRS, Washington, D. C.

The committee met, pursuant to call, at 11.45 o'clock a. m., in Room 422, Senate Office Building, Senator Lynn J. Frazier presiding. Present: Senators Frazier (chairman), Pine, Bratton, and Thomas. Present also: Former Senator J. W. Harreld of Oklahoma, Assistant Commissioner of Indian Affairs Edgar B. Meritt.

The CHAIRMAN. We will take up next Senate bill 2362.
The bill reads as follows:

[S. 2362, Seventieth Congress, first session]

A BILL To authorize the payment to Robert Toquothty of royalties arising from an oil and gas well in the bed of the Red River, Oklahoma

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed, under such terms and conditions as he may prescribe, to pay to Robert Toquothty, Comanche allottee Numbered 3413, the sum of $16,339.69 from the moneys now on deposit in the United States Treasury to the credit of the Kiowa, Comanche, and Apache Tribes of Indians under joint resolution of June 12, 1926 (Forty-fourth Statutes at Large, page 704).

STATEMENT OF HON. JOHN W. HARRELD, FORMER SENATOR FROM OKLAHOMA

Mr. HARRELD. Mr. Chairman, I know that there is not enough time for you to pass on this bill this morning. Mr. Hopps of the firm of McLaury & Hopps and myself want to have a hearing on Senate bill 2362, to authorize the payment to Robert Toquothty of royalties arising from an oil and gas well in the bed of the Red River, Okla.

We came on here expecting to have this bill introduced ourselves, but when we got here we found that it had been introduced at the request of the department. The bill as introduced allows Robert Toquothty $16,339.69, and we claim that it should be amended to allow him more that that, and we wanted to be heard on our position in regard to that bill. We claim that he ought to be allowed $130,717.45 instead of $16,339.69. The same principle is involved in the whole question. It will not take very long to hear it. There can not be any controversy as to the facts. I think we can agree on the facts. I was just wondering if a time could not be set to hear us.

The CHAIRMAN. How long will it take for you to make your statement? You have a brief filed?

Mr. HARRELD. We have a brief filed, and we want to introduce a small amount of proof, first.

1

The CHAIRMAN. How long would you want?

Mr. HARRELD. I should think we ought to have about an hour on this case.

The CHAIRMAN. I do not know whether we can spend that much time or not. What do you say about that, Senator Bratton?

Senator BRATTON. There has been a quorum call from the floor which has just reached us.

The CHAIRMAN. We can telephone on that, and get our authority to sit.

Mr. HARRELD. It is a very important matter to this Indian. It does not involve many facts which can not be agreed on. I think the department and ourselves will agree as to the facts. If not, we can produce evidence.

We expected to have a bill introduced, but before we got here this bill was introduced at the request of the department, recommending that this Indian be paid this sum in royalty.

The CHAIRMAN. $16,000?

Mr. HARRELD. $16,339.69, which is about one-eighth of what we think he ought to be allowed. We did not know that this bill was going to be introduced. However, it had been introduced once before by the department, and at that time I was chairman of this committee, and the question was raised as to whether or not he would be entitled to the entire amount rather than the royalty; but as the committee knows, I had a spell of illness at that time, and had to leave, and the bill never was passed.

Senator THOMAS. Mr. Chairman, let me make this suggestion. Why not ask Senator Harreld and Mr. Hopps to confer with the department to-day, if possible, and then let us have a meeting tomorrow, a recessed meeting, so that they may present the matter. The CHAIRMAN. That is satisfactory to me.

Mr. HARRELD. Pardon me, we have talked to Mr. Burke about it since we came here. I do not think they will offer any objection to the amendment being made.

The CHAIRMAN. Are you authorized to speak, Mr. Meritt, about this matter?

Mr. MERITT. The commissioner gave me the brief, and asked me to go over the case; but I would like to have a little more time before answering on the matter.

Senator THOMAS. This affects our State down there, Mr. Chairman, and I would like to have an answer from the department. My proposition would be to refer the proposition of the Senator for an official report.

Mr. HARRELD. Very well, then; we will offer an amendment to the bill at this time, to strike out the sum of "$16,339.69," and substitute in lieu thereof sum of "$130,717.45."

The CHAIRMAN. You want it referred to the department for a report on the amendment?

Senator THOMAS. Yes.

Mr. MERITT. And send along your brief with that amendment. (A copy of the brief referred to was here handed to the committee.) The CHAIRMAN. As soon as we get the report from the department we will call another meeting of the committee and take that up. Mr. HARRELD. Very well. Thank you.

(Thereupon, at 12 o'clock m., the committee adjourned, subject to the call of the chairman.)