Library @ Little Big Horn College

Accession Number

3719941

Donor Name

Julia Kappler

Processor

Jon Ille

Access Restrictions on Use

Due to the fragility of the collection, the Archivist must approve all use prior to allowing a patron to make copies, scan, or photographs.

Preferred Citation of Materials

Charles J. Kappler Collection, Little Big Horn College Library and Archives, Crow Agency, MT, Series, Box, File

Physical Description

Linear Feet

12

Comprehensive Dates

1906-1968- Copies of older treaties and historical documents exist within the collection.

Materials Included

Correspondence, Congressional Legislation, Congressional Testimony, Tribal Council Minutes, Memorandum, Petitions to Congress and Federal Courts, Treaty Records, Federal Court Decisions, Tribal Histories as related to Legal Issues, and maps.

Organization of Materials

The collection is organized into series by Native Nation, personal material of Charles J. Kappler, or other court cases Charles J. Kappler served as counsel. Each series is organized chronologically while generally maintaining original order.

Provenance

The Charles J. Kappler Collection details the lawyer’s career over a forty year span 1906-1946. After Kappler’s death in 1946, the material resided with his son Charles T. Kappler in Washington DC. The Little Big Horn College Archives acquired the collection from his widow Julia in 1994.

Scope and Content

The collection covers the period from 1906 to 1946 and represents Kappler’s legal career in a wide range of cases. There is a small portion of material from after Kappler’s death in the collection. The collection includes materials produced working as a lawyer for a wide range of indigenous people including the Shoshone, Flathead, Blackfeet, Osage, Omaha, Wichita, Three Affiliated Tribes (North Dakota), Uintah Ouray (Ute), Ojibwe (Chippewa), Iowa, Potawatomi and Crow. Kappler also served as the lead lawyer in a claim by the state of California against the federal government regarding debt the state incurred during the Civil War. Finally, the collection also includes personal correspondence with friends and family. The overwhelming majority of the contents held is correspondence and related to restitution for land loss (claims) filed in the United States Court of Claims.

Biographical and/or Historical note

Charles J. Kappler was born in 1868 to Anton and Suzanna Kappler in Washington DC. He attended the local public schools in Washington DC and subsequently studied stenography and typing. He eventually gained employment as secretary for Senator William M. Stewart (R-Nevada). Stewart served as Chairman of the Senate Indian Affairs Committee, which brought Kappler into contact with issues facing Native communities for the first time.

During his tenure working for Senator Stewart, Kappler attended Georgetown University where he graduated with a LLB (Bachelors of Law) in 1896 and an LLM (Masters of Law) in 1897. Kappler gained admittance to the Washington DC Bar Association in 1896, although he continued to work for Stewart until 1903. In 1901 the Commissioner of Indian Affairs William A. Jones requested a compilation of laws, treaties, and executive orders. Stewart placed Kappler in charge of this endeavor, which culminated in the first volume of Kappler’s Indian Laws and Treaties in 1907. Kappler completed four more volumes while in private legal practice with the fifth volume published in 1938. After his death, two more volumes were published.

Once Kappler entered private practice in 1903, he entered into a partnership with Charles Merillat who already had experience working as counsel for Native communities. Kappler and Merrilat dissolved their partnership in 1913 and the two developed an at times acrimonious relationship, particularly in relation to the adjudication of Indian claims cases.

Kappler primarily worked in Indian law, but he also specialized in mining, oil, and land law. Over the course of his career, Kappler argued ninety one cases before federal courts. As a recognition for his service, the Crows adopted him in 1931. In a letter to Anthropologist Robert Lowie, James Carpenter Chairman of the Crow Tribal Business Committee noted that between one hundred and two hundred people attended the adoption ceremony in Hardin, Montana (Lowie, The Crow Indians, 1935, p.212.) Kappler continued to practice law until his death in 1946. He was survived by his wife Katherine and his children Charles T. and Suzanne.

Preservation and Processing Note

The Charles J. Kappler Collection is in an extremely fragile state due to the environmental conditions it was stored in for nearly fifty years. The collection is brittle due to humidity and most pieces of paper are very dirty due to the method of storage. The archivist has noted mold on many sheets of paper. During the initial processing of the collection, the archivist attempted to humidify the paper. However, this caused the dirt and mold to deteriorate the paper to an even greater extent. Due to the desire to allow patrons to use the collection, the archivist and librarian decided to process the collection in its current state with strict protocols surrounding access.

During the processing of the collection, the archivist took care to maintain original order as closely as possible to replicate the activities of Charles Kappler in his legal practice. Therefore, correspondence may not run in a strict chronological order as Kappler grouped letters in relation to a particular legal activity. For example, Crow material related to irrigation may have letters over the course of several months and they will be grouped together to reflect that activity. Therefore, series are grouped by year followed by the file number for that year.

1. Series One: Personal Correspondence, Family Records, Books and Scrapbooks
   • This series includes Kappler’s correspondence not related to his legal practice primarily with family and acquaintances. The correspondence also emphasizes business transactions not related to his legal practice. There is also a will the he wrote for his sister and itemized list of her possessions. The series also has scrapbooks that document Charles J. and Charles T. activities including the elder Kappler’s adoption into the Crow Tribe in 1931 along with a personal copy of Kappler’s Indian Laws and Treaties, Vol. 5.
   • Box 1A
     1. Dissolution of Kappler and Merillat Legal Partnership, 1913
     2. Documents, Estate of Anne Kappler
     3. Scrapbook
     4. Scrapbook (Article on Kappler’s Adoption into the Crow Nation included)
     5. Grades, Charles J. Kappler, St. Albans School, Washington, DC
     6. WWII, U.S and Japan War Money
     7. Correspondence, 1919
     8. Correspondence, 1924-1926
     9. Correspondence, 1927
   • Box 1B
     10. Correspondence, 1930
     11. Correspondence, 1932
     12. Correspondence, Estate of Frances LaFleche, 1932-1934
     13. Traffic Case
     14. WWII, War Currency
     15. Personal Copy, Kappler’s Indian Laws and Treaties, Vol. 5
2. Series Two: California Civil War Debt Claim
   • During the Civil War, California incurred a debt due to the California Militia going into New Mexico Territory in order to engage a group of Confederates who left Texas and threatened settlers in the Rio Grande Valley. The lack of federal troops in California necessitated increased use of the militia. California never received compensation and over time the state claimed that with interest the federal government owed them nine million dollars. Kappler worked as a lawyer for California on this case and actively lobbied members of congress to award the state compensation to no avail. Eventually, California’s claim made its way through the federal courts, but the Supreme Court rejected the claim in 1953. This series includes correspondence, House and Senate resolutions, and newspaper articles from the 1930s and 1940s.
   • Box 2A
     1. California Files, 1927
     2. California, Files, 1929
     3. California Files, Jan – May, 1930
     4. California Files, June, 1930
     5. California Files, July – Aug, 1930
     6. California Files, Sept. – Dec, 1930
     7. California Files, Jan. 1931
     8. California Files, Feb, 1931
     9. California Files, March, 1931
     10. California Files, April – Dec. 1931
   • Box 2B
     11. California Files, Jan. 1932
     12. California Files, March – May, 1932
     13. California Files, June – Dec. 1932
     14. California Files, Jan – Feb. 1933
     15. California Files, Mar. – Dec. 1933
     16. California Files, Jan – Feb. 1934
     17. California Files, Mar – April, 1934
     18. California Files, May, 1934
     19. California Files, June – Dec. 1934
   • Box 2C
     20. California Files, Jan – June, 1935
     21. California Files, July – Dec. 1935
     22. California Files, 1936
     23. California Files, 1937
     24. California Files, 1938
     25. California Files, 1942 – 1943
     26. Exhibits, California Claim, 1934
     27. Legislation Related to California Civil War Debt, 1901-1934
     28. Research, California Claim, 1
     29. Research, California Claim, 2
3. Series Three: Crow
   • The Crow Nation hired Charles Kappler and Charles Merrilat as their attorneys in 1911. After the dissolution of their partnership, Kappler remained as the attorney for the Crows. The bulk of the material in the series consists of correspondence, legislation, memorandum, petitions and several maps. There is a great deal of historical research separated from the files to allow researchers access. The series includes material related to land claims, irrigation, and cattle.
   • Box 3A
     1. Crow Files, 1907-1909
     2. Crow Files, 1910
     3. Crow Files, Feb. – July, 1911
     4. Crow Files, Oct. – Dec., 1911
     5. Crow Files, Jan. – Feb., 1912
     6. Crow Files, 1914
     7. Crow Files, 1921
     8. Crow Files, 1926
     9. Crow Files, Jan. – April., 1927
     10. Crow Files, May – Dec., 1927
     11. Crow Files, Jan. – Aug., 1928
     12. Crow Files, Sept. – Dec., 1928
     13. Crow Files, 1929
   • Box 3B
     14. Crow Files, Jan. – June, 1930
     15. Crow Files, July – Oct., 1930
     16. Crow Files, Nov. – Dec., 1930
     17. Crow Files, Jan., 1931
     18. Crow Files, Feb., 1931
     19. Crow Files, Mar., 1931
     20. Crow Files, April 1931
     21. Crow Files, May 1931
     22. Crow Files, June 1931
     23. Crow Files, July 1931
     24. Crow Files, Aug., 1931
     25. Crow Files, Sept., 1931
     26. Crow Files, Oct., 1931
     27. Crow Files, Nov., 1931
     28. Crow Files, Dec., 1931
     29. Crow Files, Jan. – Feb., 1932
     30. Crow Files, Mar. – Dec., 1932
     31. Crow Files, Jan. – June 1933
     32. Crow Files, Aug. – Dec, 1933
   • Box 3C
     33. Crow Files, 1934
     34. Crow Files, May, 1935
     35. Crow Files, June – Dec, 1935
     36. Crow Files, 1936
     37. Crow Files, 1937
     38. Crow, Irrigation, Oct., 1931
     39. Crow, Irrigation, Nov., 1931
     40. Crow, Court of Claims Documents, 1931, 1
     41. Crow, Court of Claims Documents, 1931, 2
     42. Crow, Court of Claims Documents, 1931, 3
     43. Crow, Court of Claims Documents, 1931, 4
   • Box 3D
     44. Research, Court of Claims, 1
     45. Research, Court of Claims, 2
     46. Research, Court of Claims, 3
     47. Research, Court of Claims, 4
     48. Research, Court of Claims, 5
     49. Research, Court of Claims, 6
     50. Research, Court of Claims, 7
     51. Research, Court of Claims, 8
   • Box 3E
     52. Research, Court of Claims, 9
     53. Research, Court of Claims, 10
     54. Research, Court of Claims, 11
4. Series Four: Flathead
   • This series includes a variety of information related to Kappler’s tenure working as an attorney with the communities on the Confederated Tribes of the Salish and Kootenai Tribes of the Flathead Reservation. The series is primarily correspondence but also includes legislation, petitions and council minutes. The series includes material produced after Kappler’s death in 1946 that dealt with payments for past legal work.
   • Box 4A
     1. Statement of Services Rendered, 1941-1943
     2. Files, Flathead, 1942
     3. Files, Flathead, Jan – Mar., 1943
     4. Files, Flathead, April – May, 1943
     5. Files, Flathead, June – July, 1943
     6. Files, Flathead, Aug. – Sept., 1943
     7. Files, Flathead, Oct. – Dec., 1943
     8. Files, Flathead, Jan. – March, 1944
     9. Files, Flathead, April – Dec., 1944
     10. Files, Flathead, 1945-1946
     11. Court of Claims, Attorney Fees, 1956-1957
     12. Court of Claims, Attorney Fees, 1966
     13. Court of Claims, Attorney Fees
5. Series Five: Fort Berthold
   • This series includes correspondence and related materials to Kappler’s work as attorney for the Mandan, Hidatsa, and Arikara at the Fort Berthold Reservation. Included in the series is material related to a successful land claim filed against the federal government in 1930. There is also material related to irrigation and land use after the land claim.
   • Box 5A
     1. Files, Fort Berthold, 1917
     2. Files, Fort Berthold, 1919
     3. Files, Fort Berthold, 1920
     4. Files, Fort Berthold, 1921
     5. Files, Fort Berthold, 1922
     6. Files, Fort Berthold, 1923
     7. Files, Fort Berthold, Jan. – June, 1924
     8. Files, Fort Berthold, July – Dec. 1924
     9. Files, Fort Berthold, 1925
     10. Files, Fort Berthold, 1926
     11. Files, Fort Berthold, 1927
     12. Files, Fort Berthold. 1928
     13. Files, Fort Berthold, 1929
   • Box 5B
     14. Files, Fort Berthold, Jan. – June, 1930
     15. Files, Fort Berthold, July – Dec. 1930
     16. Files, Fort Berthold, Jan. – Feb. 1931
     17. Files, Fort Berthold, Mar. – May, 1931
     18. Files, Fort Berthold, June – Dec. 1931
     19. Files, Fort Berthold, 1932
     20. Files, Fort Berthold, 1933
     21. Files, Fort Berthold, 1934
     22. Files, Fort Berthold, 1935
     23. Files, Fort Berthold, 1936
     24. Files, Fort Berthold, 1937
     25. Files, Fort Berthold, 1938
   • Box 5C
     26. Files, Fort Berthold, 1939
     27. Files, Fort Berthold, 1940
     28. Files, Fort Berthold, 1941
     29. Files, Fort Berthold, 1942
     30. Files, Fort Berthold, Court of Claims
6. Series Six: Shoshone
   • This series deals with a land claim filed jointly by the Shoshone on the Wind River Reservation along with the Northwestern Band of Shoshone whose reservation is located along the Utah and Idaho border in 1943. The series includes correspondence, claims, and legislation along with council minutes. There are also Arapaho council minutes included in the series.
   • Box 6A
     1. Files, Shoshone, 1926
     2. Files, Shoshone, 1927
     3. Files, Shoshone, 1928
     4. Files, Shoshone, 1929
     5. Files, Shoshone, 1930
     6. Files, Shoshone, Jan.-June, 1931
     7. Files, Shoshone, July- Dec., 1931
     8. Files, Shoshone, 1932
     9. Files, Shoshone, 1933
     10. Files, Shoshone, 1934
     11. Files, Shoshone, 1935-1936
     12. Files, Shoshone, Jan- June, 1938
     13. Files, Shoshone, July- Dec, 1938
     14. Files, Shoshone, 1939, 1
   • Box 6B
     15. Files, Shoshone, 1939, 2
     16. Files, Shoshone, 1939, 3
     17. Files, Shoshone, 1939, 4
     18. Files, Shoshone, 1939, 5
     19. Files, Shoshone, 1940
     20. Files, Shoshone, Jan.-June, 1941
     21. Files, Shoshone, July-Dec., 1941
     22. Files, Shoshone, Jan.-June, 1942
   • Box 6C
     23. Files, Shoshone, July-Oct., 1942
     24. Files, Shoshone, Nov. - Dec, 1942
     25. Files, Shoshone, 1943
     26. Files, Shoshone, 1945
     27. Files, Shoshone, Court of Claims, 1
     28. Files, Shoshone, Court of Claims, 2
   • Box 6D
     29. Minutes, Wind River, Shoshone Business Council, 1940-1941
     30. Minutes, Wind River, Joint Council, 1940-1941
     31. Minutes, Arapaho Business Council, 1940-1941
7. Series Seven: Wichita
   • This series deals with the Wichita Nation land claim cases, along with correspondence it also holds a great deal of cultural and historical materials related to the claim. Much of the cultural material is included with correspondence produced by Omaha historian Charles Pratt. The series contains acrimonious correspondence between Kappler and his former partner Charles Merrilat over the direction of the case from 1933.
   • Box 7A
     1. Files, Wichita, 1915-1921
     2. Files, Wichita, 1923
     3. Files, Wichita, Jan. – March, 1924
     4. Files, Wichita, Mar. – May, 1924
     5. Files, Wichita, May- Dec., 1924
     6. Files, Wichita, 1925
     7. Files, Wichita, 1926
     8. Files, Wichita, 1927
     9. Files, Wichita, 1928
     10. Files, Wichita, 1929
     11. Files, Wichita, 1930
   • Box 7B
     12. Files, Wichita, 1931
     13. Files, Wichita, 1932-1934, 1
     14. Files, Wichita, 1932-1934, 2
     15. Files, Wichita, 1932-1934, 3
     16. Files, Wichita, 1934
     17. Files, Wichita, 1935
     18. Files, Wichita, 1936
     19. Files, Wichita, 1937
     20. Files, Wichita, Jan. – Mar., 1938
     21. Files, Wichita, April – May, 1938
   • Box 7C
     22. Files, Wichita, June – Dec., 1938
     23. Files, Wichita, Jan. – June, 1939
     24. Files, Wichita, July – Dec., 1939
     25. Files, Wichita, 1940
     26. Court of Claims Petitions, Wichita
     27. Research, Court of Claims, 1
     28. Research, Court of Claims, 2
     29. Research, Court of Claims, 3
     30. Research, Court of Claims, 4
     31. Research, Court of Claims, 5
     32. Research, Court of Claims, 6
8. Series Eight: Osage
   • Kappler served as the attorney for the Osage Nation in Oklahoma from 1906-1946 and dealt with a wide range of issues including land, oil, and problems with the Osage Civilization fund. This series primarily includes correspondence with Osage community members and Oklahoma politicians. The series includes correspondence and a contract produced shortly before Kappler’s death.
   • Box 8A
     1. Files, Osage, 1906
     2. Files, Osage, 1907
     3. Files, Osage, 1908
     4. Files, Osage, 1909
     5. Files, Osage, 1910
     6. Files, Osage, 1911
     7. Files, Osage, 1912
     8. Files, Osage, 1917
     9. Files, Osage, 1918
     10. Files, Osage, 1919
     11. Files, Osage, 1920
     12. Files, Osage, 1921
     13. Files, Osage, 1922
     14. Files, Osage, 1923
     15. Files, Osage, 1924
     16. Files, Osage, 1925
     17. Files, Osage, 1926
     18. Files, Osage, 1927
     19. Files, Osage, 1928
     20. Files, Osage, 1929
   • Box 8B
     21. Files, Osage 1930
     22. Files, Osage, 1931
     23. Files, Osage, 1932-1933
     24. Files, Osage, 1934
     25. Files, Osage, 1935
     26. Files, Osage, 1946
     27. Documents, Court of Claims, 1
     28. Documents, Court of Claims, 2
     29. Documents, Court of Claims, 3
     30. Documents, Court of Claims, 4
     31. Osage Civilization Fund Legislation
   • Box 8C
     32. Research, Court of Claims, 1
     33. Research, Court of Claims, 2
     34. Research, Court of Claims, 3
9. Series Nine: Omaha
   • This small series includes correspondence related to a land claim case filed in 1926 and includes correspondence, legislation and council minutes.
   • Box 9A
     1. Files, Omaha, 1916
     2. Files, Omaha, 1918
     3. Files, Omaha, Jan. – June, 1919
     4. Files, Omaha, July – Dec. 1919
     5. Files, Omaha, 1920
     6. Files, Omaha, Jan. – June, 1926
     7. Files, Omaha, June – Dec. 1926
10. Series Ten: Miscellaneous
    • This series includes smaller cases that Kappler worked and did not generate enough material to warrant an individual series, but still provides useful documents. The series includes work he performed for the following Native peoples: Chippewa, Uintah Ouray, Iowa, and Potawatomi.
    • The series also includes Kappler’s work with Metis Fred Demarce who unwittingly turned over land scrip that he inherited from the Red River Cree settlements in the 1850s. Demarce held on to the scrip until land speculators told him he could apply for land and use the scrip to acquire land in Florida, which was experiencing a land boom in the 1920s. Demarce signed his scrip over to the speculators and never received land or compensation for the scrip. Kappler was able to get Demarce an eighteen hundred dollar judgement.
    • Box 10A
      1. Files, Turtle Mountain Chippewa, 1935-1941
      2. Files, Iowa, 1913-1915
      3. Files, Iowa, 1916
      4. Files, Iowa, 1917
      5. Files, Iowa, 1919-1920
      6. Files, Uintah Ouray, 1927-1928
      7. Files, Uintah Ouray, Dec. 1930-1931
      8. Material Related to Uintah Ouray Claims Case
      9. Files, Potawatomi, 1932-1939
      10. Frank DeMarce Case, 1927-1929
      11. Frank DeMarce Case, 1930