The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-24
LAwLEss INDIAN TERRITORY.
Hoke Smith Favors Rounding Up the
Criminals with Troops#

WASHINGTON CRY, Oct. 23.--Secretary
Hoke Smith has requested the secretary of
war to send troops 10 the Indian Territory
TO suppress lawless bands. Accompany
ing the request was the communication
which Secretary Smith received yesterday
from the Indian Territory, detailing the
deplorabe condition of affairs. Secretary
Smith, in his letter TO the war depart
ment, says that, in view of the obligations
of the government, as set forth IN the
treaty with the Indians In the Indian
Territory, to protect the five civilized
tribes against domestic strife and hostile
invasion, and to guarantee to those peo-
pie the peaceable enjoyment of their
country. he recommends that troops be sent
as requested. 1t is expected that the
troops Will be used to hunt down and
drive out the marauders who are harrass-
ing the people.
Agent Wisdom wired the Indian Office
today, asking authority to incur the
necessary travelling expenses of the Indian
police in assisting the United States mar
shals in hunting down the thieves and
making arrests. Such authority was
granted.
These communications reached Acting
Secretary Doe at the war department this
afternoon, and after reading them care
fully he referred them to Gen. Schofield,
commanding the army. Gen. Sehoheld
looked into the matter and then returned
the papers 10 the acting secretary with a
suggestion that the request for troops be
matured and considered. with view TO
aseeriaining the legality of the proposed
action. This Endorsement from SO high
an authority on The complex relations be-
tween the military and civil branches
Of the government will undoubtedly
cause the war department TO move
with great caution in acting on
this demand for troops, and in
the end may result in refusal.
The Indian Territory differs from other
territories, from an administrative point
Of view, in the fact that the national gov
eminent is bound by treaties with the In
dams TO protect them from domestic
violence. But an the absence OF an ex-
press stipulation and law il has been held
that this protection must be extended
exactly rs IL Is to the inhabitants OF other
territories. namely, through the judiciary.
Iheposse eomitatus law prohibits the en-
ployment Of troops as provided by the or
ganic Law, AID that law provides first for
the exercise Of the judicial power IN quell-
ing aNiessness. and then for the employ
ment OF troops on application Of the
judicial officers. based on their inability to
enforce the process OF the law. So far rs
the war department Is advised. the
judiciary Of the Indian Territory has not
appealed for the assistance OF troops.
As in the case Of the disturbances
OF last summer. the government viii not
love unit! such application Is made and
after the judicial officers have shown a
proper disposition 20 restore order In the
territory. The war departments, 10 Is
stated, has taken notice Of the efforts Of
the ex aress companies 10 secure govern
mental protection for their service. and
the officers are by no means we'll disposed
towards the project. Army officers in
charge Of affairs feel that the express COM
panies have not gone as far as they should
in the direction OF guarding the property
confdsd TO them, ana hold that By placing
twelve or fifteen determined aud fear.es,
guards in she express car they would soon
check the attacks of train robbers which
sndangsr the lives Of passengers.