Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1894-11-01
WANT ASSISTANCE
Troops Asked for to Suppress
the Lawless Marauders.
CRIME IN INDIAN TERRITORY
1t is Question, However, Whether the
Request of the Secretary of the In
terror Will be Complied With by the
Secretary of War.


Request of the Secretary of the In
terror Will be Complied With by the
Secretary of War.
WASHINGTON, October 25.-Secretary
Hoke Smith has requested the Secretary
OF War to send troops to the Indian Ter
ritory to suppress the lawless bands.
Accompanying the request was a COM
munication Secretary Smith yesterday
received from the Indian Territory de-
failing the deplorable condition of af-
fairs. The Secretary in his letter says
that in view of the obligations of the
government, as set forth in the treaty
with the Indians in the Indian Terri
tory, to protect the five civilized tribes
against domestic strife and hostile inva-
sion and to guarantee those people peace
able enjoyment of their country, he rec
ommends that troops be sent as request
ed. 1t is expected the troops will be
used to hunt down and drive out the
marauders who are harassing the
people. Agent Wisdom to-day wired
the Indian office, asking authority to in
cur the necessary travelling expenses OF
the Indian police in assisting United
States Marshals in hunting down the
thieves and making arrests. Such au-
thority was granted.
These communications reached Acting
Secretary Doe at the War Department
this afternoon, and after reading them
carefully he referred them to General
SchOhed, commanding the army. Gen
eral SChofield looked into the matter,
and then returned the papers to the Act
ing secretary with suggestion UhaJ the
request Tor troops be carefully consid-
cred with view to ascertaining the le-
gaity oil the proposed action. This rec
ommendation from SO high an authority
on the complex relations between the
military and civil branches of the gov
ernment will undoubtedly cause the War
Department TO move with great caution
IN acting on this request 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 ma
Llonal government is bound by treaties
with the Indians to protect them from
domestic violence. But in the absence
Of express stipulation and law it has
been held this protection must be ex-
tended as it is to the inhabitants of other
Territories, namely, through their judi
cary.
The posse comitatus law prohibits the
employment of troops except as pro-
vided by organic law, and that law pro.
vides first for the exercise OF the judicial
power in quelling lawlessness, and then
Tor the employment of troops on appli-
alton Of the judicial officers, based on
heir inability to enforce the process OF
Jaw. So far as the War Department is
advised the judiciary OF the Indian Ter
itory has not appealed for the assistance
oi troops. AS in the case OF the disturb
tnce last summer the government will
not move until such applications are
made and alter the judicial officers have
hown a proper disposition to restore or
Ter in the Territory.
The War Department, it is stated, has
taken notice ol the efforts of the express
companies to secure governmental pro-
lectlon lor their service, and the officers
are by no means well disposed toward
he project. Army officers in charge OF
affairs leel that the express companies
have not gone as far as they should in
the direction of guarding the property
runtided 10 them, and hold that by plac-
ing twelve or fifteen determined and
fearless guards in the express car they
| should soon check the attacks of train
robbers.