The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1894-10-27
ADVISED TO SEND TROOPS.
Uncle Sam sh ouId Take Hold In Indian
Territory.

WAsHINGToN, Oct. 23 -Secretary Hoke
Smith has requested the secretary of war to
send troops TO Indian territory to suppress
lawless bands. Accompanying the request
was the communication to Secretary Smith
yesterday, received from Indian territory,
detailing the deplorable condition of affairs.
Secretary Smith, in his letter to the war
department says that in view OF the obliga-
lions OF the government as set forth in the
treaty with the Indians in Indian territory
to protect the FIVE civilized tribes against
domestic strife and hostile invasion, and TO
guarantee those people the peaceable en-
Ioyment of their country, be recommends
that troops be sent as required. 1t is ex-
pected that the troops will be used TO hunt
down and drive ont m0ra1ders who are
harassing the peop'e.
Agent Wisdom today wired the Indian
office asking authority TO incur necessary
travelling expenses of the Indian police in
assisting United States marshals in hunt
ing down thieves and making arrests. The
authority was granted. These communism
tons reached Acting Secretary Doe at the
war department this afternoon, and after
reading them carefully he referred them to
General Schoheld. General Schotield looked
INTO the matter and then returned the pa
pers TO the acting secretary with the sug-
gestion that the request for troops be ma
tured and considered with view 10 ascer-
timing he 'egality Of the proposed action.
Complex Legal Questions.
This Endorsement from so high an author
oritY on the complex relations between the
military and civll branches OF the govern
ment will undoubtedly cause the war de-
partment 10 move with great caution in
acting on this request and in the end may
result in refusal.
Iuuian territory differs from other terri
torres from an administrative point OF view
in The fact that the government is bound
by treaties with the Indians to protect them
from domestic v.nlPnce. But in the absence
of an express stipulation in the law it is
he'd thut his protection must be extended
exactly as II Is to the inhabitants of other
territories, namely. through the judiciary.
The posse comitatus Jaw prohibits the en-
ploy ment OF troops rs provided by organic
law. and that law provides first Tor
The exercise Of The judicial power in uuell-
ing lawlessness anu Tor the employment OF
troops on the application OF the judicial
officers based on their inability to enforce
the process of law.
Judiciary Has Not spoken.
So far as the war department is advised,
the Judiciary of the Indian territory has
not appealed for assistance of the troops. as
in the case of the disturbances of last sum
mer, and the government Will not move
until such application is made and after
the judicial officers have shown proper
disposition TO restore oruer in Indian terri
tory. The war department, it is stated has
taken notice of the efforts of the express
| company to secure governmental protection
! for their service. and the officers are by no
means we'll disposed toward the project.
| The army officers IN charge of affairs feel
that the express company has not gone as
! far as il should in the way of guarding the
| property contided to il, and hold that by
placing - or 10 determined and fearless
guards in the express cars it should soon
check the attacks OF train robbers which
endanger the lives OF passengers.