Sampson

On May 12, 1954, in the United States District Court for the Western District of Washington, an action was brought by appellant, Martin J. Sampson, as chief of the Swinomish tribe of Indians, on behalf of the tribe and on behalf of a majority of the members of Swinomish Indian Tribal Community, a Federal corporation, against appellees, Joseph Joe, Andrew Joe, Tandy Wilbur, Tandy Wilbur, Jr., Raymond Charles, Gasper Dan, Dewey Mitchell, Wilbert James, Leonard Bobb, Garfield Day and Thomas A. Williams, as members of the senate of the corporation. The complaint prayed that appellees be removed from office and required to account for all funds coming into the corporation’s possession since 1948 and for all funds collected by appellees for the sale of timber belonging to the tribe or its individual allottees.

*20 The complaint was not answered. However, an amended complaint was filed by appellant on May 26, 1954, and was answered by appellees on August 14, 1954.

On May 13,1954 — thirteen days before the amended complaint was filed — appellant filed in the District Court a motion for an order directing appellees to show cause “why they and each of them should not be removed from the…