Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1894-10-27
ADVISED 10 SEND TROOPS.
Uncle sam. sh nuld Tahe Hold In Inilian
JarriinfY.

WA.HiSGTas, Oct, 23.-Secretary Iioke
Smith has requested the secretary OF war 10
senl troops to Indian territory to suppress
iaw,tss bands. Accompanying the request
WAS the communication to Secretary Smith
yesterday. received from Indian territory,
detailing the depiorab,e condition Of affairs.
Secretary Smith, in his letter to the war
department says tina: IL vie" OF the obliGa-
lions OF the government as set forth III the
treaty With tie Indians in Indian territory
to protect the I've civilized. tribes against
domestic strife a3d hostile invasion, and 10
guarantee those peopte the peacaable en-
ioyment Of their country, he TecofnnenLs
that troops be sent as required. 1t IS eE
pected thatthe troops will be used TO hunt
down and drive ont maraaiers who are
harassng the peope.
Agent Wis om today wired the Indian
office asking authority 10 incur necessary
travelling expenses Of the Indian police IN
assisting initial States marshas in hunt
ing down thieves ail max nS arrests. ihe
authority was granted. these communion
tions reached Acting Secretary Doe at the
war department this afternoon, and alter
reading them carefully he referred them 70
General scho1ieli. General Seilotleld looked
INTO tie matter and then returned the pa
pers to the acting secretary with the suG-
.eston that the request for troops be ma
tured and considered with view TO nscer-
tanning he legality Of the proposed action.
Complex legal Questions.
This Endorsement from so high an author
ority on the complex relations between the
military and cvti branches OF the gOyerl-
g1ent viii undoubtedly ctuse the war de-
paftmeut 10 move with great caut on in
acting on this rt quest and iii the end may
resul. in refusal.
Indian territory differs from other terri
torres from an administrative point OF view
in he fact that the government IS bound
! by treaties with the Indians to protect them
! from domestic violence. But in the absence
/ of all express stipulation in the law ii is
! iipitl that his protection must ba extended
| exactly as it Is to the inh ants OF other
! territories. namely through the judiciary.
! The posse comitatu5 law prob bits the en-
/ p;oyment OF troops IS provided by organic
| Law, AMI that iaw provides first tor
lie exercise Of lie judicial power in queli-
ing ,awi wiessness and tor tie employment OF
\ troons on the application ni the judicial
4 officers based on their inability to enforce
/ tie process Of law.
Judiciary Has Not spoken.
50 far as tile war apartment i advised,
tile Judiciary of the Indian territory has
not appealed for assistance Of the troops, as
\ IN the case Of the disturbances ot last sum
ner. and the gov rnment VII not move
4 until such application is made and after
the judicial officers have shown proper
disposition to restore ORDER 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 ne
means we'll disposed toward the project
| The army officers in charge OF AFFAIRS lee
! that the express company has not gone a:
| far as il should in the way Of guarding tbs
property cnnlided to il, and hold that by
placing u or Is determined and learles;
guards in the express cars it should sooI
check the attacks OF train robbers which
endanger the lives OF passengers.