Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1894-11-02
ADVISED TO SEND TROOPS.
Uncle Sam sh ould Tako Hold In Indian
Territory.


WASHINGTON, Oct. a3, Secretary Hoke
Smith has requested the secretary Of war to
send troops to Indian territory TO surpre IS
iawless bands. Accompanying the request
WINS the commun cat ion to Secretary Smith
yesterday, received from Indian territory
uetaihne the deplorable condition of II airs
Secretary Smith, In his letter to the war
department says that in view of the obliga-
lions oil the government us set forth in the
treaty with the Indians in Indlan territory
TO protect the five civilized tribes against
domestic strife AID hostile invasion. and 10
guarantee those people the peac.abie en-
loyment of their country, he recommends
That troops be sent as required. 1t Is ex-
pected that the troops will be used to hunt
down and drive ont marau lers who are
harassing the peope.
Agent Wis ION today wired the Indian
office asking authority to incur necessary
trav' ling expenses OF the Indian police in
assisting United States marshus in hunt
ing down thieves and making arrests. The
authority was granted. These communica.
lions reached Acting Secretary Doe at the
war department this afternoon, and alter
reading them carefully he referred them 10
General Schofeld. General Schofed looked
into the matter and then returned the pa
pers TO the acting secretary with the sng-
gestion that The request for troops be n, q l.
tured and considered with view TO ascer-
tanning the legality of the proposed action.
Complex Legal Questions.
This Endorsement from so high al auth or
GRITTY on the complex relations between the
military and civil branches of the govern
ment will undoubtedly cause the war de-
partment to move with great caution in
acting on this request and ia the erd may
result. in REFUSAL
IntIt uft Il
tories from an administrative point of view
In The fact that the government is bound
by treaties with the Indians to protect them
from domestic violence. But in the absence
oil an express stipulation in the law it is
held that .his protection 10 ust be extended
exactly as 1t is to the inhabitants of other
territories. namely, through the judiciary.
The posse comitatus law prohibits the EN-
ploy oil troops as provided by organic
law, anu that law provides first for
The exercise of the judicial power In quell-
ing law'essness and 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 order in Indian terri
tory. The war department. 1t is stated, has
taken notice of the efforts of the express
company to secure vernniental protection
for their service. and the officers are by no
means well disposed toward the project.
The army officers in charge OF affairs feel
that the express company has not gone Us
far as Ii should in the way of guarding the
property cnniided 10 1t. and hold that by
placing IL or l5 determined and fearless
guards in the express cars it should soon
check the attacks of train robbers which
endanger the lives oil passengers.