Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-03
ACTION IS JUSTIFIED
Statement by Attorney Gen
eral Moody.
FOR CATHOLIC SCHOOLS
RIGHT TO USE THE FUNDS OF THE
INDIANS.
Memorandum Upon Which the Presi-
dent Based His Ac-
ton.

President Roosevelts connection with the
diversion of Indian trust funds to the sup
pert of Catholic mission schools is ex-
planned and justified in a communication
| addressed to the President by Attorney
General Moody, which was filed today with
| the Senate committee on Indian affairs by
| Rev. William II. Ketchum, director of the
bureau of Catholic Indian missions. Father
Ketcham appeared before the committee
to defend his bureau against the charges
| that it had been using undue and political
| il fluences to secure the use of trust funds
| fo- Catholic schools
| Mr.. Moodys communication, dated Feb
| ruary g. 1905, sets forth the record of
| cabinet meeting held in January, 1904,
when the question of the use of Indian
| funds for sectarian schools was discussed
| and the President asked for an opinion as
| to his authority. to direct that contracts
be made for the use of such funds by de-
HomirationaI educational institutions. Sen
ato- Knox. then Attorney General, decided
! that the action of Congress in declaring
| +: to be the policy OF the government not
| to permit the use of the public moneys of
the American people for sectarian pur-
poses did not repeal previous laws giving
| to the Secretary of the Interior discretion
| to use the Indian funds in any manner he
| saw fit. Certain laws were cited to direct
attention to the Presidents authority in
| that regard.
Father Ketchum Of the Catholic Indian
Missions today filed with the Senate COM
| mfttee on Indian affairs a communication
| from Attorney General Moody, addressed
to the President. under date of February
| q 1903, submitting statement Of what
occurred in January, 10O4 concerning the
| Presidents decision to permit the use of
| Indian, funds held in trust by the United
States for the support Of sectarian schools.
| In this communication Mr.. Moody says:
by your direction I submit statement
| of what occurred in January, 1904, con-
| corning your decision to permit the use
of the interest Upon certain funds held in
| trust by the United States for the support
| of sectarian schools
1.-THE question was raised whether a
certain declaration of Congress in appro-
| priating for Indian day and industrial
| schools precluded the use of the funds in
| question in that way. apd Mr.. Russell of
| this department received note from Sec
rotary Hitchcock dated January IL, E~4'
| saying:
| form you that there will be meeting at
| the executive office of the White House at
| pm. on Friday next (22D TO confer with
| reference to certain Indian matters recent
| " brought to your notice, at which meeting
| the President requests your presence.
| 1.-THE Attorney General CMr. Knox and
| Mr.. Russell who had been considering the
| question. proceeded to- the meeting, at
| which were present Secretaries Hitchcock'
| Cortelyou and wilson and Postmaster Cen
eral Payne. On behalf OF the Attorney Zen
| eraI a memorandum was submitted In favor
of the legality of the use OF FUNDS ana
| Secretary Hitchcock submitted letter
| from the commissioner Of Indian aHairs:
| Thereupo1 the question was discusseo d.
| length and left for your determination
"Besides the memorandum referred to.
| there was loPg one giving the reasons
| for the CONCLUSION reached by the attorney
| General, the substance of which Mr. Russeii
Memorandum Submitted.
..Tha br,ef memorandum which was left
! with Won was as follows, as appears by q
| conv retained at the Department OIL JUS
| tice:
"'Partial list of Indian funds IN the
| treasury in trust for particular trioes. d
J portion of the interest on which funds may
/ he used for educa tional purposes by the
Secretary of the Interior under authofit1
| of the act of April /, 1880, and othef ACTS
without appropriation by Congress.
"'These funds can be used for sectarian
| schools. but it would be well to do that
otherwise than under contracts.
| .Menominee fund-Interest, S,651 per
| annum.
| Menominee log fund-Interest, sI6,313
:" Usage fund--Interest s4163n per an
mum. non
| FER annum. r.
THE long memorandum twenty-three
| pages of typewriting) discussed the ques-
! ton substantially as follows:
| work by the government among the Indians
| before 1873 under act of March }. 1Slo
| appropriating $4,000 to be permanent
| annual fund. without reappropriation for
| the employment of teachers among the In
dams
1T explained the beginning of the con-
| tract system, under President Grant, which
| had not existed under the act of 1919, and
| began after the act of 1870, appropriating
| 100000 for the support of Indian schools
among Indian tribes not otherwise provided
| for l. e., among tribes not having treaties
| containing stpulations providing funds for
| educational purposes.
Policy of Congress.
TT showed the beginning of the general
| annual appropriations for Indian schools
| in 1876 for the support of industrial
! schools and other educational purposes for
! the Indian tribes that this appropriation,
gradually increasing in amount, has prac-
| tically continued until the present time; 1t
| set forth the language of the current APP
preparations of public money for Indian
| day and industrial schools, and the declara-
| ton of Congress following adds provlso
| to that language, viz: That it is the set
tied policy of the government to hereafter
make no appropriation whatever for educa-
| ton III any sectarian school, and subse-
quent declaratory proviso In the appropria-
| ton act for 1889, 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 Sena-
! tor Vest said. in debate: This drastic
| declaration in this bill declaring that Con-
| 81 ess of the United States will not make
any appropriate to a seetarian school OF
| any denomination does not meet my con-
| currence." q aia
| 1T argued from the second declaration
| above quoted and other things that the
| word appropriation meant congressional
appropriation and that what Congress de-
| clared was that Congress! itself would not
| thereafter make appropriations to support
| sectarian schools, and not that the Secre-
| tary of the Interior was forbidden to APP
propriate funds for tha< purpose under pre-
| existing laws. 1t quoted the reports of the
| commissioner of Indian affairs, Mr.. Morgan,
| in 1891 and 1892 to Show that the evil
! complained of by the oppoHents of govern
ment aid to sectariari Schools was that 1t
is to the letter and spirit of the Constitu-
| ton of the United States, contrary and ut
| terly repugnant to our American institu-
| lions and our American history, to take
| from the public MONEYS fluids for the sup
| port of secetarian institutions. and that no
| moneys from the public treasury should be
| devoted to sectarian or church institutions.
Public Not Indian Funds Concerned.
ut confirmed this idea that 1t was the use
| of public moneys of the United States or of