The Birmingham age-herald., 1905-02-04
ketcham Files Argument.

Washington, February 2. = Father Ketcham of the Catholic Indian missions today filed with the Senate committee on Indian affairs communication from Attornes General Moody addressed to the President. under date of February ?, 1905 submitting q statement of what occurred in January, 19oi concerning the Presi- dents decision to permit the use of In- dian funds held in trust by the United States for the support of sectarlan schools. In this communication MT. Moody says: By your direction I sub- init statement of what occurred in Jan uary, 1904 concerning your decision to per init the use of the interest upon certain funds held in trust by the United States for the support of sectarian schools.
 "The question was raised whether a certain declaration of Congress in ap- pointing for Indian day and industrial schools precluded the use of the funds in question in that way and Mir. Russell cf this department attended a meeting January 9, at which were present Secre- taries Hitchcock Cortelyou and Wilson and Postmaster General Payne On behalf of the Attorney General memorandum was submitted In favor of the legality of the use of the fcnds and Secretary Hitchcock submitted letter from the commissioner of Indian affairs. Thereupon the question was discussed at length and left for your determination.
 "The memorandum was follows;
 !" Partial list of InIian funds in the treasury trust for particular tribes. a DOT ton of the interest on which funds may be used for educational purposes, by the Secretary of the Interior under authority of the act of April l. 1SS0 and other acts. without appropriation by Congress.
 " These funds can be used for sectarian schools but 1t would be well to do that otherwise than through contracts.
 " 'Menomlnee fund: Interest s765l per annum
 per annum.
 'osage fund.- Interest s41e,ST1 per an mum.
 Sioux, sS.oOo.ooo; interest s15oOOo per annum
 A long memorandum (twenty-three pages of typewriting) which was also submitted. discussed the question sub stantially as follows:
 History of Educational Work.
 |" It explained the history of educa- tional work by the government among the Indians before 1873, under an act of March 3, 1919, appropr;ating S10,0oo to be a permanent annual fund without reap propriation for the employment of teach CTS among the Indians.
 " It is explained the beginning of the contract system unde- President Grant which had not existed under the act of 1873. and began after the act of 1870. appropriating $lO0.0OO for the support of Indian schools among tribes not other wise proiyided for, l. e., among tribes not having treaties containing stipulations providing funds for educational purposes. '" "It showed the beginning of the Rener- al annual appropriations for Indian schools in 1876, for the support of indus trial schools and other educational pur- poses for the Indian tribes; that this appropriation gradually increasing in amount has practically continued until the present time; it set for the lan- guage of the current appropriations of public money for Indian day and in dustrial schools and the declaration of Congress following, adds a proviso to that language, viz
 That 1t Is the settled policy of the government to hereafter make no appro- priation whatever for education in any sectarian school; and a subsequent dec- laratory provision in the appropriation act for 1899, viz
 This being the final appropriation for sectarian schools. 1t then took up the question of the effect of the declaration of Congress as to which Senator Vest said in debate: This drastic declaration in this bill declaring that Congress of the United States will not make any ap- propriation to sectarian school of any denomination does not meet my concur rence."
 Meant Congressional Appropriation. It argued from the second declaration above quoted and other things that the word appropriation" meant congression- al appropriation and that what Congress declared was that Congress itself would not thereafter make appropriations to support sectarian schools and not that the Secretary of the Interior was forbid 
 lcontinued on Third Paae)