The herald., 1894-10-24
A REQUEST FOR TROOPS.
Work for the Army in the Indian Ter
ritory.


ritory.
WASHINGTON, Oct. Secretary
Hoks Smith has requested the secretary
Of war to send troops to Indian territory
to suppress lawless bands. Accompany.
ing the request was communication
Secretary Smith yesterday received
from Indian territory detailing the de-
plorable condition Of affairs.
Secretary Smith in his letter to the
war department Gays 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 guar
antee those people peaceable enjoyment
OF their country, he recommends that
the troops be sent aH requested. 1t is
expected the troops will be used to
hunt down and drive out the marauderB
who are harrassing the people.
Agent Wisdom today wired the Indian
office asking authority to incur the nee
essary travelling expenses of the Indian
police in assisting United States mar.
shsls In hunting down the thieves and
making arrests. Such authority was
granted.
These communication reached Acting
Secretary Doe at the war department
this afternoon, and, after reading them
carefully, he referred them to General
Schofeld, commanding the army.
General Schofeld looked into the
matter and then returned the papers
80, hn
tion that the request for troops be
matured and considered, with view
to sscertaining the legality of the pro-
posed action. This Endorsement, from
30 high an authority on the complex
relations between the military and civil
branches OF the government, will un-
doubtedly 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 view,
in the fact that the national government
is bound by treaties with the Indians to
protect them from domestic violence,
but In the absence of express stipulation
and law, 1t has been held this protection
must be extended exactly as it is to the
inhabitants of other territories, namely,
through the Judiciary.
The posse comitatus Law prohibits the
employment of troops as provided in
the organic law, and that law provides
first for the exercise OF the judicial
power in quelling lawlessneea, and for
the employment Of troops on applica-
ton OF the judicial officers, based on
their inability to enforce the process of
the law. So far as the war department
10 advised, the judiciary of the Indian
territory has not appealed for the asaist-
ance of troops, as in the csas OF
the disturbances OF last summer.
The government will not move until
such application is made, and ef.s. the
judicial officers have shown proper die
position to restore order in the Indisn
territory. The war department, it,. ia
stated, has taken notice OF the efforts Of
the express compsny to secure govern
mental protection for their service. and
the officers are by no means well dis
posed towards the project. Army off,
GERS in charge of affairs feel that the ex-
press companies have not gone as far as
they should In the direction OF guarding
the property confided TO them, and hold
that by placing IL or 10 determined and
fearless guards in each express car, thew
would soon check the attacks Of train
robbers, which endanger the lives OF
passengers.