The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1894-10-27
ADVISED TO SEND TROOPS.
Uncle sam shp uld Take HoldiIn Indian
Territory ~ 80


WASHINGTON, Oct. 23.-Secretary Hoke
Smith has requested the secretary of war to
senl troops to ,IEdiau territory to suppress
lawless bands. Accompanying the request
was the communication to Secretary Smith
yesterday. received from Indian territory.
detailing the dep!ora BILE condition of affairs,
Secretary Smith, in his letter to the war
department says that in view of the obliga-
lions Of tho government as set forth in the
treaty with the Indians in Indian territory
to protect the FIVE civilized tribes against
domestic strife aad hostile invasion. and to
guarantee those people the peaceable en-
Joy ment of their country, he recommends
that troops be sent as required. 1t is ex-
pectcd that the troops will be used to hunt
down and drive ont marauders who ar
harassing the peop'e.
Agent Wis !om today wired the Indian
office asking authority To incur necessary
travelling expenses OF the Indian police III
assisting United States marshals in hunt
ing down thieves and making arrests Tbs
authority was granted. These com N unica..
tions reached Acting Secretary Doe at the
war de part mcnt this afternoon, and alter
reading them carefully he referred them 10
General Schofield. General Schofeld looked
INTO the matter and then returned the pa
pers to the acting secretary with the sag
8eSttOu luHG the IeQueSt ZOE tiOOpS OS liza
tured and considered with view 10 ascer-
tanning the legality of The proposed action.
Complex Legal Questions.
This Endorsement from so high an author
ority on tho complex relations between the
military aud CIV i branches OF the govern
ment will undoubtedly cause the War de.
partmeut TO move with great caution In
acting on this request and in the erd may
in rnf,tsai
indian territory differs from other terri
tories from IN administrative point OF view
in no fact that the government is bound
by / rea ties with THE Indians to protect them
from domestic violence. But in the absence
of an express stipulation in the law It IS
held that this protection must be extended
exactly as it is to the inh y i ANTS of other
territ ories namely. through the, judiciary.
The posse comitatus law prohibits the enl.:
ploylnent OF troops as provided by organic
law, ana that law provides first Tor
the exercise of the judicial row.r in quell.
ing lawessness and Tor the employ ment OF
troops on the application OF the Judicia!
officers based on their inability TO enforce
the process of law.
: 4 sJudiciAsy Has NOT spoksu.
sosfar assthe war department is advised.
the Judiciary Of the Indian territory has
not appealed for assistance of the Troops. a.
in the case Of the yiisturbs noes Of hast sum-
mer, and the government VIII not move
until such application is made and after
tire juficfsi officers have shown proper
disposition 10 restore order in Indian terri
tory. The var Department. i. is stated, has
taken notice of, the cifoifs of the express
company to secure governmental protection
for their service. and the officers are by no
means well dispoSeds toward the project.
The army officers in charge OF affairs feel
that the express company has not gone as
far as ii should in the way Of guarding the
property cnnfided to It. and hold that by
placing ~ or 10 determined and fearless
guards in the express cars 1t should soon
check the attacks Of train robbers which
endanger the lives OF passengers