New-York tribune., 1905-02-05
INDIAN SCHOOL FUNDS.
LETTER FROM PRESIDENT.
Honey Vas Distributed according
to the Wishes of the indians.

10 5IlS ~ tSItSS ~ Ift f"oe~''o'
washington. Feb. 4-President Roosevelt has
rent letter 10 Secretary Hitchcock on the SUB
5ect OF authority for granting contracts Tor the
education OF indians in denominational schools
The President Gays that inasmuch as the lesal
authority exists 10 grant the request OF the Aho-
ians. uBQnestionsbly they are entitled py mora
right 20 have their moneys used TO educate the
children al the schools they choose. The Presi-
Gent directs that the Interior Department con
tsnue the practice unless Congress directs other
wise or the courts held that the decision cf the
Department of Justice is wrong. He also urges
the passage of the Lacey bill. authorizing the
allotment OF annuities IN severalty 10 the Ind
lans in the same way as their land is allotted.
The letter follows:
White House. Washington. Feb s. 1905.
To the Secretary Of the Interior:
I have received from you the letter from the
Commissioner of Indian Affairs OF January 81
1905. in relation 10 the inquiries OF the Hon
James s. Sherman as 20 the authority for grant
ing contracts for education Of Indians in denom-
snational schools This letter OF the Commits
fioneF OF Indian Affairs asks that the general
questions raised in Mr.. Sherman's letter of jan
Uary q be uTited with the special question
raised by the Commissioner IL his letter or jan
OaTy p. and presented to the President for sub
mission 10 the Attorney General.
The letter of Januery 21 concerning the pay
ment of a claim filed in the Office Of Indian AT
fairs in connection with the contract with ST
tion. stands by Itself, and will be submitted to
the Attorney General for his consideration and
report
AS regards the general question, have
ceived from the Attorney General under date OF
February , letter, a copy of which is lncoseo'
Early in 1902 petitions on behalf Of various
Catholic and Episcopal schools were brought TO
my attention by certain eccles!astics ana lay
men. who requested the Interior Department TO
distribute the ratious ana annutttes through the
mission schools of their several churches when
the children were In the care OF those schools:
The Attorney General decided that this request
was Illegal and could not properly be granted.
Over a year afterward the request was made
originally behalf of certain Catholic schools
IN lSOo, also on behalf Of q Lutheran school IN
19o4-that where there were Indian moneys held
IN trust for the Indians by the Secretary OF the
Interior the interest on these Indian moneys
being distributed among the individual Indians,
or IN such other ways as the Secretary OF the
Interior might direct and where certain Of the
Indians petitioned that the moneys so distrib-
uted TO them should be used for the support OF
the particular denominatonal school which they
desired their children TO attend, this petition
Should be granted The question raised was OF
course, wholly different from that originally
raised on behalf OF the Episcopal Church and Of
the Catholic Church. This new request was sub
nlitted to the Department of Justice, and the
department decided. set forth in the accom-
panying report, that the prohibition Of the law
as 10 the use OF public moneys for sectarian
schools did not extend TO moneys belong
ing TO the Indians themselves and not to the
public and that these moneys belonging 70
the Indians themselves might be applied
n accordance with the desire OF the Indians
for the support Of the schools 20 which
they were sending their children. There was
IN my judgment no question that inasrnuch
as the legal authority existed to grant the re-
quest Of the Indians, they were entitled as
matter Of moral right TO have the moneys COM
ing 10 them USED Tor the education OF their
children at the schools Of their choice. Care
must be taken Of course to that any petition
by the Indians is genuine, and that the money
appropriated for any given school represents
only the pro rata proportion 20 which the
Indians making the petition are entitled. But IL
opinion just and right that the Indians them
selves should have their wishes respected when
they request that their own noney-not the
money OF the public-be applied to the support
Of certain schools 10 which they desire TO send
their children. The practice will be continued
by the Department unless Congress should de-
cree TO the contrary, or. of course. unless the
courts should decide that the decision Of the
Department OF Justice is erroneous.
It is, however, greatly to be desired that the
bill introduced by Representative Lacey, pro-
viding for permission to allot these annuities in
severalty to the Indians, exactly is done
with land. should be enacted into law. It's
actment and administration would prevent the
raising OF any question Of this character for
each individual Indian would then be left free
20 the money TO which he IS entitled out
right. on his own initiative, instead OF having
II used tor him by the secretary or the Interior
IN consequence OF his petition. / earnestly hope
that Congress viii at once enact this bill into
law.
The special case of the St. Labre's school stands
by itself. the question being whether the con-
tract entered into is one authorized by the find
1904, or whether it IS one Of those cases forbid
den under the decision of the Department Of
Justice OF January. 1902. The Attorney Cen
eraI viii speedily report the category IN which
this case comes.
THEODORE ROOSEVELT.
Mr. Leupp, the Commissioner OF Indian Affairs,
IN interview regarding the sectarian school
question, to-day said that all these contracts
were made under previous administration, and
he had not yet had time to review them. He
said he had no knowledge of the subject except
from a hasty glance through the records in the
Indian Bureau. He said that when the ST.
Labre School claim IN the Tongue River Reser-
Vatto2, came to his attention through a petition
presented 10 the Indian Bureau by that school,
he took no action on the case and directed that
payment be withheld pending a request he made
10 have the matter presented to the Attorney
General for opinion as the authority for
making such payment. If the law was per
fectly clear the subject, he said, he could see
no objection 10 the claim. He suggested that q
determination of the matter in the courts would
be welcomed. There can be 70 objection" he
said. Ito any one bringing injunction proceed
ings which could bring about review and set
tleTnent OF the whole subject in the courts