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J. Roy Thompson Papers

 Collection
Identifier: 1999-059

Scope and Contents

Collection contains papers and other material related to court cases involving the Kiowa-Comanche and Apache Tribes (bulk ca. 1947-1974) for which Mr. Thompson was the attorney in Washington, D. C. Also included is Mr. Thompson's personal library.

Dates

  • c. 1850s-2005

Creator

Conditions Governing Access

The collection is open for research use. Manuscript collections and archival records may contain materials with sensitive or confidential information that is protected under federal or state right to privacy laws and regulations, the Oklahoma Open Records Act (http://www.odl.state.ok.us/lawinfo/docs/2006-LibraryLaws-PartE.pdf), and other relevant regulations. Confidential material may include, but is not limited to, educational, medical, and personnel records. Researchers are advised that the disclosure of certain information pertaining to identifiable living individuals represented in this collection without the consent of those individuals may have legal ramifications (e.g., a cause of action under common law for invasion of privacy may arise if facts concerning an individual's private life are published that would be deemed highly offensive to a reasonable person) for which Oklahoma State University Libraries assumes no responsibility.

Conditions Governing Use

The researcher assumes full responsibility for conforming with the laws of copyright. Whenever possible, Oklahoma State University Archives will provide information about copyright owners and related information. Securing permission to publish or use material is the responsibility of the researcher. Note that unless specifically transferred to Oklahoma State University Libraries, any applicable copyrights may be held by another individual or entity. Copyright for material published by Oklahoma Agricultural and Mechanical College/Oklahoma State University is held by the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges. All rights reserved.

Further information about copyright policy can be obtained by contacting Oklahoma State University Archives by email at libscua@okstate.edu or by phone at 405-744-6311.

Finding aid © 2018 Board of Regents for the Oklahoma Agricultural and Mechanical Colleges. All rights reserved.

Biographical Sketch

John Roy Thompson, Jr. was born September 26, 1911, in Washington D.C. At the time, his father served Senator Thomas P. Gore of Oklahoma as secretary. The Thompsons moved to Lawton, Oklahoma, approximately five years after Roy’s birth because of his mother’s poor health. Roy’s mother died in 1919 after which time he lived with various relatives in Oklahoma. After Roy’s father remarried, the family moved to Tulsa where Roy graduated from Central High School in 1929. Noted American historian Daniel Boorstin was Thompson’s high school classmate.

Thompson moved to Stillwater, Oklahoma, after graduation from high school to work at his Uncle’s dry cleaning business. He also enrolled at Oklahoma A&M College (now Oklahoma State University) where he graduated in 1933 with a B.S. degree, majoring in business administration and minoring in sociology. While at OAMC, Thompson participated on the swimming team, Debate and Oratory Club, and was a founding member of the Sociology Club. He was also a member of the Sigma Chi fraternity.

After graduation, Thompson continued to work for his Uncle until Senator Gore, newly reelected in 1930, found Thompson a position with the Home Owners Loan Corporation in Tulsa. Thompson worked there for a few months during 1934 and 1935 when Gore asked Thompson in February 1935 to serve on his staff in Washington D.C. as a secretary. Many of Thompson’s duties revolved around the Senator’s blindness. Thompson took dictation, transcribed interviews, and read various newspapers to the Senator.

It was during his tenure in Washington that Thompson met his wife Billie (her given name was Lilly May Payne but she preferred Billie). They married on January 15, 1937, in Fredericksburg, Virginia. The family grew to include a stepdaughter Jeanne and son John Roy Thompson, III, who has a wholesale import business in Chapel Hill, North Carolina. Billie died in 1996.

Senator Gore did not win reelection in 1936, so he returned to private law practice and took Thompson with him. While working for Gore, Thompson attended George Washington University Law School where he graduated in 1941. He passed the District of Columbia bar examination in December 1940 and the Oklahoma bar examination in July 1941. He was sworn into the Oklahoma bar by Hugo Black, Associate Justice, United States Supreme Court, on July 15, 1941. He was admitted to the Maryland bar in October 1952. He was a member of the American Bar Association, the Maryland Bar Association, the Oklahoma Bar Association, and the Federal Bar Association. He is a Fellow of the American College of Trial Lawyers and is listed in Who’s Who in American Law, first edition.

Thompson worked for Gore until June 1942, when he joined the Army Air Force as a second lieutenant. Thompson held various assignments in the office of the Judge Advocate General until his discharge in 1946 as a lieutenant colonel. He was promoted to colonel in 1957 and served in the United States Air Force Reserve.

After being admitted to the District of Columbia bar and before entering the military, Thompson opened a general law practice in association with Senator Gore. The practice closed while Thompson served in the military but reopened upon his discharge in 1946. It was through his connection with Gore that Thompson became involved with the Kiowa, Comanche, and Apache tribes (KCA). The KCA first entered into contract with Gore on October 25, 1938. They entered into another contract with Gore and W.C. Lewis in 1947, where Gore entered into an agreement of association with Thompson stipulating that Thompson would receive one-half of any fee earned by Gore in representation of the tribes. Gore died on March 16, 1949, and Lewis assigned one-half interest in the contract with the KCA to Thompson. Before Gore died, the former Senator and Thompson were instrumental in the creation of the Indian Claims Commission in 1946. Before the creation of this body, cases involving Indian claims had to be granted jurisdiction in the United States Court of Claims by Congress. The dockets prosecuted by Thompson on behalf of the KCA were all done before the Indian Claims Commission and quite successfully. The dockets will be discussed later.

After Gore’s death, Thompson became a junior partner in the Washington D.C. firm of Gallagher & Thompson. When Bernard J. Gallagher died in 1963, the firm of Thompson, McGrail, and O’Donnell was organized. Thompson’s associates did not work directly with him on the KCA cases. Instead, Thompson worked off-hours, nights, and weekends on the KCA cases while pursuing the usual work of his law office during regular business hours. Thompson retired from the practice of law on December 31, 1989, “when it stopped being fun.” His old firm still practices law in Washington D.C. under the name Thompson, O’Donnell, Markham, Norton, & Hannon. Thompson enjoyed his retirement in Silver Spring, Maryland. He passed away on March 9, 2005.

Extent

106 Linear feet ((16 record center cartons, 4 legal document boxes, 6 letter document boxes, 1 legal half-size document box, 3 flat boxes, 1 card box, 221 book boxes).)

Language of Materials

English

Arrangement

Arranged into 14 series.

NOTES ON PROCESSING

For the most part, folder headings remain the ones used by Thompson. In certain instances, additional information was added in square brackets or in the form of a fuller citation. Folders that contained a variety of documents were itemized under the folder heading. Items within folders were kept in the order in which Thompson left them. Oversized materials were removed to larger boxes or map folders for preservation purposes. Separation sheets within the folders indicate the location of removal.

Thompson’s materials have been arranged in series based on how he stored the documents or provenance. That is, they are arranged by the dockets as well as series such as “settlement” and “expenses” which were the headings Thompson used to label boxes of material. Published proceedings and transcripts were separated out in order to give researchers easier access to the chronological flow of the trials. The miscellaneous notes were kept in the order Thompson utilized to facilitate his own work on the case, thus they were generally not in chronological or alphabetical order.

Location

For current information on the location of these materials, please consult the Library's online catalog or contact the Oklahoma State University Archives Reference staff.

Provenance

Gift of J. Roy Thompson

Related Archival Materials

List of Abbreviations

B# F#: Box and folder numbers; as in REMOVED to B25 F1 b/w: Black and white c.: Circa ed.: Edited GAO: General Accounting Office (United States Government) GSA: Gillis’ Short-hand Accounting ICC: Indian Claims Commission JAT: Jicarilla Apache Tribe of Indians KCA: Kiowa, Comanche, and Apache Tribes of Indians MD# F#: Map drawer and folder numbers; as in REMOVED to MD53 F1 ND: No date tr.: Translated USA, US: United States of America vol: Volume (?): Question as to spelling, labeling, etc.

The Dockets Background Information

Docket 32 (Small Land Claim)

The Kiowa, Comanche, and Apache Indians (KCA) filed suit against the United States Government before the Indian Claims Commission (ICC) on August 9, 1948. In this claim, the Indians asserted that the United States paid an inadequate sum of money for nearly three million acres of land purchased under the Jerome Agreement in 1892. The land was located in what is now southwestern Oklahoma and came into possession by the tribes through an 1867 treaty where the Indians gave up land in what is now Oklahoma, Kansas, Colorado, New Mexico, and Texas for the smaller tract in Oklahoma (see figure 1, page v). Besides the inadequate payment, the lawyers on behalf of the tribes argued that the 1892 agreement breached a portion of the 1867 treaty that stipulated that no future agreements between the United States and the tribes would be valid unless three-fourths of the adult male population of the tribes agreed to it. The lawyers further argued that the Jerome Agreement of 1892 was not valid because substantial portions of it were changed after the tribes signed it, but before Congress approved it.

The ICC awarded the tribes $2,067,166 on July 18, 1957. The lawyers successfully argued their case, going so far as to find the few living Indians who would have been eligible to sign the 1892 agreement and have them testify that they did not even know about it, let alone sign it. The lawyers for the United States attempted to convince the ICC that subsequent spending by the government on behalf of the Indians (gratuities) made up the difference of any alleged underpayment for the lands. Gratuities were not granted in this or any of the dockets between the KCA and the United States. The United States Court of Claims upheld the decision on July 16, 1958. The United States Supreme Court refused to hear the case. At the time of the settlement, the sum of money awarded to the KCA was the second highest ever given by the ICC. While this was a substantial sum of money for the time, it paled in comparison to later judgments awarded to the KCA.

Docket 258 (Accounting Case)

Although Docket 257 was filed earlier than Docket 258, Thompson and his fellow attorneys presented this case to the ICC first, therefore the records for it are presented earlier in his files. The case transpired in this way: the government held money for the Indian tribes in various accounts since the nineteenth century. When the tribes needed money for schools, land development, or some such thing, the government would withdraw money for the Indians from one of the accounts. These accounts, however, had variable rates of interest. Some were as high as 5% where others did not accrue interest. Thus, this case examined if the government spent the money in the best interest of the tribes. With the help of accountant Paul Gillis who unraveled the maze of government expenditures from the interrelated accounts, Thompson found what he expected; the government had been spending the money from the 5% interest accounts first and the 0% interest accounts last. In other words, the government acted in its own self-interest instead of the best interest of the Indians. The parties settled the case in January 1968 for a sum of $6 million. At the time, this was the largest sum awarded for an accounting case by the ICC.

Dockets 257 and 259-A (Land Cases) and Appeal 12-71

Docket 257 was known as the “Big Land Case.” The claim began in 1938 when Senator Gore became involved with the KCA, and was finally settled in 1974. Thompson, the only living attorney at the time of settlement initially involved with the KCA land claim, wrote the ICC that anybody who undertakes a tribal claim against the United States “must have the wisdom of Solomon, the patience of Job, and the longevity of Methuselah.” The brief introduction to this docket will indeed validate Thompson’s assertion.

In 1865, the KCA met with officials of the United States at Medicine Lodge, Kansas, to discuss a treaty. The Indians agreed to a recognized title of approximately 43 million acres, which was part of their aboriginal title of 100 million acres. That is, the land the Indians claimed as their own by fact of being there for centuries – their aboriginal title – was being forfeited for a specific chunk of that land that amounted to 43 million acres – or their recognized title (see figure 1, page v). Thompson doubted the Indians at the time realized what they were doing since they had such a vastly different conception of property than people in the United States. In 1867, the land was further reduced to 3 million acres in southwest Oklahoma, still part of the original aboriginal claim. It was this 3 million acres that was the focus of Docket 32. Docket 257, however, questioned the legitimacy of the 1867 treaty that deprived the Indians of some 40 million acres of land. An alternate claim was filed that questioned whether the Indians received a recognized title under the 1865 treaty and should be compensated for their aboriginal claim as well. Thus began Docket 257, the “Big Land Case,” in 1951.

Thompson and his team made a motion for summary judgement in favor of the Indians during July 1960. Armed with court opinions, maps, treaties, and the like, Thompson argued that a trial was unnecessary because there were no facts to be tried. The ICC disagreed and dismissed the motion. Thompson patiently waited ten years for the ICC panel of judges to be completely turned over before filing a motion for summary judgement again. The new motion, made during February 1970, won the approval of the ICC judges by a vote of 4 to 1. They agreed with Thompson that the 1867 treaty deprived the Indians of lands under their recognized title of 1865. The amount of damages was to be determined later. The same ICC judges also allowed the Wichita Indians to intervene in the trial. The Wichitas claimed they owned some of the lands involved in the docket. This move disturbed Thompson because it went against the KCA claim that they had sole ownership of the aboriginal title.

The United States government appealed the ruling of the ICC to the United States Court of Claims (Appeal 12-71). Thompson simultaneously appealed the Wichita intervention as being untimely. The Court of Claims ruled by a vote of 4 to 3 in favor of the United States, thus overturning the ICC decision. The majority of the Court of Claims maintained that a stipulation in the 1865 that granted the President of the United States the power to designate a parcel of the 1865 treaty land to the Indians was in effect the 1867 treaty. The Court of Claims ruled unanimously against the Wichita intervention. The Wichitas appealed to the United States Supreme Court, but had their petition denied on April 15, 1974.

The Court of Claims decision had further implications. The judges seemed to realize that their decision, which in effect said that the Indians willingly exchanged their aboriginal claim of approximately 100 million acres for 3 million acres of recognized land, was unfair. As a result, their opinion stated that the KCA had a right to make a claim for their aboriginal title and that “this very opinion will support their claim based on unconscionable consideration.” In other words, Thompson could still pursue the alternate claim of Docket 257 which stated that the 1865 had been unfair.

The sentence quoted above gave Thompson the weapon he needed to convince the government to settle the case. Thompson worked with Ralph Barney, Head of the Indian Claims Section of the Department of Justice, to negotiate a settlement. They agreed on a sum of $35,060,000. Thompson inquired with other lawyers and appraisers who were experts in such matters to make sure the sum was fair. It was. The verbal agreement reached by Barney and Thompson had to be agreed to by the Attorney General’s Office, the KCA tribes, and the Commissioner of Indian Affairs. When this was done, the ICC ruled on behalf of the KCA tribes for a sum of $35,060,000 on July 15, 1974, the largest ever awarded to an Indian tribe up to that point. This sum included $60,000 from Docket 259-A. This docket had been settled earlier and consolidated with Docket 257. Docket 259-A “arose from the fact that the United States had deprived the Indians of some 12,012.93 acres of agency, school, religious, and reserved tribal lands under an act of Congress of June 6, 1900, and had not properly accounted to the tribes for its use thereof.”

Processing Information

Processed by Clarence Blakley, February – May, 2000; Tom Jorsch, May – August 2000.

Updated by Scott Jackson, October 2009
Title
J. Roy Thompson Papers Collection Number 1999-059
Status
Completed
Author
Processed by Clarence Blakley, February – May, 2000; Tom Jorsch, May – August 2000.
Description rules
Describing Archives: A Content Standard
Language of description
Undetermined
Script of description
Code for undetermined script

Repository Details

Part of the Oklahoma State University Archives Repository

Contact:
204 Edmon Low Library
Oklahoma State University
Stillwater 74078-1071 USA