Navajo Times, The (Newspaper) - October 13, 1966, Window Rock, Arizona Published For w n e By The Nova jo Tribe Volume 7 Number 41 Window Arizona October 1966 Court Upholds Navajo Sovereign Immunity Tribe Asks Consultation Before Fund Investment The Federal Court for the District of Arizona has granted a summary judgment to Normal Littell against a complaint filed by Laurence Davis which states that die Navajo tribe is a sovereign entity within the United Judge Walter Craig stated in the decision the position of General Counsel of the Navajo regard less of the manner of his employment and regardless of the title of his position is comparable to the Chief Legal Officer of the United any state or any political It is uncontroverted that the statements attributed to the defendent Uttell were made in the course of the conduct of the affairs of his with the possible ex ception of the statement made to a news media reporter in the Dis of It is the opinion of the Court that the position of General Counsel for the Nav ajo Tribe falls within the scope of doctrine of ab solute executive Continued on Page 17 The Navajo Tribal Council in a 56 to 0 vote this week passed a resolution calling for investment of tribal money by Secretary of Interior Stewart Udall only after consultation and with the coopera tion of tribal The re solution directs primary consul tation with the Trea and Director of Adminis The Council also dis approved of investments made with banks in Buffalo and Arizona over which a con has developed because of political implications of in vestment of the money in these particular The text of the resolution is reproduced herewith for the in formation of Navajo WHEREAS At the of the Secretary of the Billison Asks Hayden Action Against Udall Sam candidate for tribal has asked Carl Hayden of Arizona for aid in remov ing the investment of tribal funds from banks which were opposed by the Udall had gone ahead and author these investments despite the tribes See resolution of Council this On behalf of the Navajo and on behalf of Navajo Ban I am asking for help from your office in connection with the recent investment and reinvestment of surplus tribal trust It is my understanding that you have been furnished with a copy of die resolution of the Navajo Tribal Council regarding these trust This numbered was adopted Oct ober unanimously by 59 to 0 The Navajo Nav ajo Bancorporation and the First Navajo National Bank have favorable relations with banks in New Colo rado and and these banks were specifically requested to be depositaries in a request by the Tribal Council on May All of these banks would qualify to handle the Tribal funds as much as the banks that were named depositaries by the Secretary of die The First Navajo Na tional Bank could adequately handle at least of the Tribal Trust is the only one of the in banks that serves the individual The Secretary of the In by his actions first of failed to directly help the First Navajo Na tional Bank in which the Navajo tribe has a large interest and has impaired the relations of both Navajo Bancorporation and the Navajo tribe with the banks in New Mex ico and California that would be the natural and proper depositaries for these In summary the actions of the Secretary of the In have been detrimental to the Navajo Sam Representative Of The Navajo on the Board Of Directors of Navajo Barry former candidate for president and former Senator from Arizona was scheduled to be guest speaker for a Billison fund raising dinner in Gallup Wednesday At press time advance ticket sales were moving to Billison Goldwater was termed by a leading Navajo official as the best friend the Indians Detailed reports will be carried in die next issue of the the Navajo Tribal Council has by Resolution requested the Secretary pursuant to 25 162 a by and with the cooperation of Tribal to invest sur plus Tribal funds in public debt obligations of the United States and in any or other gations which are unconditionally guaranteed as to both deposits and securities of the kind in which the Secretary of the Interior is authorized to invest pursuant to 25 in order to increase earnings on said depo sits above the 4 interest paid on tribal funds deposited to the United States The Secretary did on July In the Marine Midland Trust Company of Western New in New and oh August 3rd an additional In the Li berty National Bank and Trust Company of New without adequate investigation of banks suggested by Tribal in May at least one of which would have offered equally advantageous terms and rates of had such deposits been made to serve the best interests of the Navajo Tribe in coopera tion with Navajo officials as re quired by such Council On or about September the Secretary of the Interior sought approval of the Comptroller of the Navajo Tribe for depositing of Tribal trust funds in three banks in In the amount of each to the Valley National the Southern Arizona and the First Na tional Bank of The Dir ector of the Administration Divi sion of the Navajo Tribe on or about September 8th conveyed the objections of the Tribes to these selected banks to the representatives in Etc Secretary represen stated in deference to cooperation with Tribal they would not make said deposits and agreed to explore the terms and the conditions avail able at other banks suggested by the Director of the Administration Division of the Navajo Notwithstanding such assur during the week of Septem ber the Secretary pro to make the said deposits totaling namely each to the said Arizona banks in spite of the objection of the Director of the Administra tion contrary to the Tri bal Council Resolution requiring cooperation with Tribal The Navajo Tribal Council is aware that increased Income amounting to approximately for Fiscal Year 1967 will accrue to the Tribe as a re sult of these Investments of the Tribes trust funds at higher In terest rates and that any other benefits accruing above monetary income should accrue to the Tribe for this the Secre tary should be guided by the choice Continued on Page 7 Legal Department Reports Interior Department Plans To Eliminate Tribe Editors Note The follow ing report to the Navajo Tribal Council from the legal department of the tribe and signed by attorneys William Lavell and Jerry Haggard touches on the question of self government of the The report was accompanied by a reproduction at a front page editorial by the editor at the Navajo Times dated September in which Navajos were advised that the court case raised serious questions regarding the effect of the case on the rights of the Navajos to re tain their self government The legal department report is reproduced in full for the information and con sideration of the Navajo peo Subject Report to Navajo Tribal Format to Title Navajo Tribal Code and Terms of Associate General Coun sel Contracts Recent and more information re cently revealed to attorneys in your Legal Department has such vital significance respecting the question of the continued existence of the sovereign government of the Navajo that the Legal Department considers it imperative that this report be made to the Navajo Tri bal OF THE DB on Page 6 Candidates Schedules Samuel candidate for office of tribal chairman has an the following schedule of rallies for this weekend October Chee October October Pinon October Rough Rock at Candidate for vice Paul Jones will schedule October Thoreau Friday October White Rock Pinon with Billison and Octo ber 16 No schedules were available from Chairman
