St. Paul daily globe., 1894-10-24
TOO MUCH RED TAPE.
TROOPS MAY NOT BE SENT TO
INDIAN TEssIslTORY
Gen. Schofield Doubts the Right
OF the United states TO
Interfere.

WASHINGTON, Oct. 23. - Secretary
of war to send troops to the Indian ter
rltory to suppress the lawiess bands
which have been operating there and i'll
the adjacent country. Accompanying
the request was tue communication
Secretary Smith received from the IT,
dian territory, detailing the deploratle
condition of affairs there.
Secretary Smith, in his letter to the
war department, says that i'll view OF
the obligations of the government. as
set forth in the treaties with the In
dians of the Indian territory. 10 protect
the five civilized tribes against domestic
strife and hostile invasion, and TO guar
antee those people peacable enjoyment
of their country, he recommends that
troops be sent as requested.
Commissioner Browning, in letter
accompanying the sccretary's, suggests
that troop of cavalry be sent into tie
Indian territory to assist Agent Wisdom
in preserving the peace. 1t is expected
that the troops would then lie used to
hunt down and drive out the marau>
Agent Wisdom today wired the in
dian office asking authority 20 incur the
necessary travelling expenses of the In>
dian police i'll assisting United States
marsilalS who were hunting down the
thieves and making arrests. Such au-
thority was grauted.
These communications reached Act
ing Secretary Doe at the war depart
ment this afternoon. and, after reading
them carefully, be referred them to
Gen. Schotirid, commanding the army.
Gen. Schofield looked into the matter.
and then returned the papers 10 the
acting secretary. with a suggestion that
the request for the aid of troops be
maturely considered, with a view to
ascertaining the legality of the pro-
posed action. This Endorsement from
so high an authority upon the complex
relations between the military ana the
civil branches of the government
undoubtedly will cause the war depart
ment 10 move With great caution in act
ing on this request for troops. and in
the end may result in il refusal The
Indian territory differs from other terri
tories from an administrative paint of
view i'll the fact that the national gov
ernmeHt is bound by treaties with the
Indians to protect them lruri domeSi ic
violence. But, IN the absence of eX-
press stipulation and law, II has been
held that this protection must he ex.
tended exactly as il is To the inhab-
tantS OF the other territories, namely.
through the judiciary.
The posse cummitatus law prohibits
the employment Of troops rs posses ex-
cept as provided 10y organic law. and
that law provides first for the exercise
of the Judicial power in queIliLg law.
lrSSnrss. and then for the employment
of troops upon application from the Judi
cal officers based on their inability TO
enforce the processes of law.
SO far as The war department is adj
viSed, the Judiciary of the Indian terri.
tury has not Appealed for the assistance
of troops. and. as in the case of the dis
turbances of last summer. the govern.
nient will no: move until such appIica-
ton is made and after the judicial OFF,
GERS have shown proper disposition TO
restore order in the Indian territory.
The war department, 1t is stated, has
taken notice of the efforts of the expruss
companies TO secure government protrc.
ton for their SERVICE, ami t.r officers
are by no means we'll disposed towards
the proJec.. Army officers III charge of