Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1894-10-27

Uncle Sam sh ,uid Take Hold Tn IadIsn
Territory.

WASHINGTON, Oct. 23. Secretary Hoke
Smith has requested the secretary OF war to
send troops 10 Indian territory to suppress
Iawiess bands. Accompanying the request
was the communication to Secretary Smith
yesterday. received fr I'm Intian territory,
detailing the deplorable condition of affairs.
Secretary Smith, In his letter 10 the war
department says that In view OF the obliga-
tiods of the government as set forth In the
treaty with the Indiansin Indian territory
to protect the five civilized tribes against
domestic strife and hostile invasion, and to
guarantee those people the peaceabie en-
Joy ment of their cauntry. he recommends
that troops be sent as required. II is ex-
pected that the troops will be used 10 hunt
down and drive ont mara anders who are
harassing the nsope.
Agent Vision to-day wired the Indian
Office asking authority 10 incur necessary
travelling expenses OF the fndian police In
assisting United States marshnls IN hunt
ing down thieves and making arrests. This
authority was granted. These communities.
tions reached Acting Secretary Doe nt the
war department this afternoon, and alter
reading them carefully he referred Them 10
General SchoGsid. General Schoiieid looked
into the matter and then returned the pa
pers 10 the acting secretary with the sag-
gestlon that The request Tor troops be ina.
iursd and considered with view 10 aseer-
tainias he legality OF the proposed action.
cempiex Legal Questions.
This Endorsement from so high an author
orlsy on the complex relations between ths
military aud civil branches OF the govern
meni Will undoubtedly cause the war de.
phrtment TO move with great caution II
| acting on this request aud ia the eni may
resuis In refusal.
Indian territory differs from o;her terri
tories from an administrative point OF yev
la ihe fact that the government Is bouns
by treaties with the Indians to protect then
from domestic vsoienec. Butin the absene
| Of an express stipulation In Tbs law I !
held that shis protection must b, extende,
exactly as II is to the inhabi' ants Of othe
territories, nansly. through the judiciary
The posse romilstus Law prohibits The EN-
pioy ment OF troops MS provided by organi
law, and that law provides FIRST 70
tho exercise of the judicial rowsr In queil
troops on the application OF the judicii
officers based on their inability 10 epforr
, the process OF law.
Judiciary Has Not spoksa.
80 far as the war department Is advise,
the Judiciary OF the Indian territory hs
not appealed for assistance Of the troops, q
In the case Of The disturbances Of last sun
mer and the government viii rot MO,
until such application is made and aft
/ the Judicial officers have shown prop
I. disposstion 10 restore oroef In Indian terr
tory. The war department. II is stated. b.
: taken notice Of the efforts Of the expre
/. cnfupany 20 secure governmental proisctiS
; for their service. and the officers are By I
; means well disposed toward the projes
. The army ufiieers In charge oi affairs "a
that tho express company has not gone
far ne IL should In the way OF guarding q
property cantided TO IL and hold that
placing IL or 10 determined and isarie
r guards 10 the express cars II should 50
check the attacks OF train robbers whi
epdanxeF lha lives oil passengers.