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Vol IV No. 46
Original Committee Resolution Requesting Littell Investigation Editor's Note: For the in formation of the Navajo People we are reproduc ing in this issue the ori ginal Advisory Committee Resolution asking for an investigation of Norman Littell, the findings of In terior Solicitor Frank Barry leading to Littell's suspension and the find ings of Federal Judge Jo seph C. McGarraghy and Littell's law suit against Secretary Udall. AC JN-91-63 RESOLUTION OF THE ADVISORY COMMITTEE OF THE NAVAJO TRIBAL COUNCIL Solicitor Barry’s Findings Upon LHfell Investigation L-60-1040. 9a UNrTED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SOLICITOR Washington 25, D. C, Memorandum To: The Secretary From: The Solicitor Subject: Navano Tribal Attorney Contract At your request we have made a study of the records relating to i6 jfy SHOPPING k Library Arizona Stote College Flagstaff, Arizona 86003 Thursday, December 5, 1963 Requesting Secretary of the Interior to Investigate, Audit and Terminate Nor man M. Littell's General Counsel and Claims At torney Contract with the Navajo Indian Tribe WHEREAS: 1. On or about the Bth day of August, 1957, the Navajo Tribe entered into a renewal combined General Counsel and Claims At torney Contract with Norman M. Littell and others, a copy of said contract being attached hereto, marked Exhibit A, and by refer ence made a part hereof, and 2. On or about the 22nd day of February, 1962, Resoliaion CF -17-62 was enacted by the Navajo Tribal Council, a copy of said resolution being attached hereto, the Attorney Contract between the Navajo Tribe and Norman M. Lit tell and others. This study was initiated following the action taken by the Advisory Committee of the Navajo Tribal Council on June 25, 1963, in approving Resolution ACJN-91-63, "Requesting Secre tary of the Interior to Investigate, Audit and Terminate Norman M. Littell's General Counsel and Claims Attorney Contract with the Navajo Indian Tribe.*’ The Resolution contains a num ber of charges against Norman M. Littell and directs the Chair man to request you, as Secretary of the Interior: 1. To terminate the Attorney Contract of said Norman M. Lit tell; 2. To investigate the Contract and all amendments thereto and the conduct of Mr. Littell in se curing the approval there of, 3. To investigate all aspects of the opinion of former Solicitor The odor e F. Stevens, of January 19, 1961, which held that Healing v. Jones and Navajo Tribe v. Utah were "claims cases" within the meaning of the Attorney Contract. 4. To investigate the alleged use by Mr. Littell of "General Coun sel" attorneys for "claims" work; and 5. To require a complete audit of all expense account payments (Continued on page 8) 10* PER COPY Window Rock, Arizona marked Exhibit B, and by refer ence made a part hereof, and 3. Pursuant to said Resolution CF-17-62 Amendment No. 11 to Norman M. Littell’s contract of August 8, 1957, was executed by then Tribal Chairman Paul Jones for and on behalf of the Navajc Tribe and by Norman M. Littell and others. A copy of said Amend ment No. 11 is hereby attached hereto, marked Exhibit C, and by reference made a part hereof, and 4. Said resolution only autho rized the said Chairman, Paul Jones, to sign an amendment to said contract of August 8, 1957, to accomplish specifically the fol lowing purposes: a. Retain Leland O. Graham for General Counsel and Claims services in the office of the General Counsel in Washington, D. C., for an annual retainer (Continued on Page 4) Federal Judge Reinstates Littell as Tribal Counsel Asa result of the determination by a Federal Judge in Washington D. C. it appears that the Status of the General Council of the Navajo Tribe will go back to the Navajo Triba l Council when the Council convenes on Monday, December 9. Federal Judge Joseph C. Mc- Garraghy in Federal District Court in Washington Wednesday,Novem ber 27, restored Norman M. Littell to his powers as general counsel for the Navajo tribe. The judge entered an order temporarily restraining Interior Secretary Stewart L. Udall with interfering with LittePs attorney client contract with the Indians. Udall suspended Littell from acting as tribal counsel Nov. 1 pending investigation of charges set out in a memorandum prepared by Interior Department Solicitor Frank J. Barry. Littell brough suit Nov. 12 in the court in Washington D. E. to challenge Udall’s authority to oust him. In court, the embattled lawyer was represented by Frederick Bernays Wiener, who declared U viall lacked statutory or constitu tional power to take the Nov. 1 action. The go-.emment, represented by Herbert Pittle of the Justice Department, insisted that Littell had not exhausted adminstrative $250,000 JUDGMENT ASKED FOR KEE GUY ON ACCIDENT CASE Case Filed Against Rollie Mortuary And Vielor Duran A suit was filed in McKinley District Court against Rollie Mortuary, Inc. (Gallup) and Victor Duran for a judgement of $250,000 by Kee Guy 57 years of age for injuries to Kee Guy allegedly resulting from an acci dent occurring on July 9* 1962. The suit was filed by Attorney Patricio S. Sanchez of Santa Fe, New Mexi co. According to Dan Gutierrez, clerk of the Mckinley County District Court, this suit was filed with his of fice at 9 a. m. on November 7, and the case number #11367 was assigned. Guiterrez staled to the Navajo Times that the summons to the defendants was issued onthatdate, and that the defendants have 30 days in which to answer the com plaint and for arranging for de fense attorney. According to Gui terrez there had been no answer received as of November 27. The accident allegedly oc curred on State Road 68 near Navajo Inn when, according to the complaint, the defendant Victor Duran who is a driver for Rollie Mortuary, Inc., “struck and col lided into the plaintiff who was then and there proceeding on foot Wilson Skeet Asks SBS, 000 Judgment From Howard Wilson Wilson C. Skeet has filed suit in the McKinley County District Court asking a judgment of SBS,(XX) against Howard Wilson of Gallup former Sheriff of McKinley County concerning an accident which al legedly occurred on the 21st day of October, 1963, at 6;30p.m. The clerk of the McKinley District Court, Dan Gutierrez, informed the remedy to regain his position with the tribe. Further, the government said, Udall acted as the government of the United States which has sove reign immunity from lawsuits by individuals. BUT JUDGE McGarraghy dis agreed. He entered the restraining order on these five points: 1. That Littell’s action was not against the government, but against UdalL 2. That the Navajo tribe was not a party to the suit. 3. That Littell actually has no administrative remedy available. 4. That Udall exceeded his po wers when he interfered with Lit tell’s contract relation with the Indians. 5. That Littell might suffer ir reparable injury unless the sus pension was restrained. Wiener reviewed before the court the contest between Tribal Chairman Raymond Nakai and Lit tell, whom the Navajo chairman has sworn to dismiss. But, said Wiener, Nakai is a presiding of ficer over the tribal council and not a monarch. He said a majority of the Nava jo tribe rejected Nakai's position respecting the tribe’s lawyer. Wiener's argument that the interior secretary had approved (Continued on Page 4) and as a pedestrial across said road, directly and proximately causing the injuries, “which are described in the complaint. The complaint further states that, “the plaintiff suffered severe, permanent and painful injuries to and about his head, shoulders, and chest area, and he suffered in addition excruciating pain which still persists,brainconcussionand permanent damage to his brain.” Also Kee Guy is alleged to have suffered damage to his eyes result ing in total blindness and 5 frac tured ribs and also allegedly was required to incur many additional expenses in medical treatment. Navajo Times that this complaint was filed on November 22, 1963, at 9 a.m. at which time a summons was issued and which has not been answered as of November 27. The defendant has 30 days in which to answer the summons and arrange for his defense in the case which was assigned case number 11381. The accident occurred, accord ing to the complaint, on New Mexico (Continued on Page 15) -L. •• sis , -4 \ ‘ ■ y JUDI LESTER, 18 year-old daugh ter of Mr. and Mrs. Lee Lester of Indian Wells, recently became af filiated with the Eta Delta Chapter of the Alpha lota Sorority. Alpha Lota is an international organiza tion of outstanding women stu dents in business colleges through out the United States and some foreign countries. It is devoted to promoting the interests of students in business colleges throughout the United States and some foreign countries. It is devoted to pro moting the interests of students in business. Miss Lester is a student at the Western College for Private Stenographers. She is a member of the Navajo tribe and is a former students of Holbrook High School.