The Montgomery advertiser., 1905-02-04
EXPLANATION MADE
GOVERNMENT AKD TO sECTARfAN
 INDIAN SCHOOLS.
Attorney GenernI Moody Tells of the Law in the Case and Father
 Keteham Appears Before . cou.ufffeA

Washington Feb. S.-President Roosevelt's connection with the diveF- sion of Indian trust funds to the sup port of Catholic mission schools IS ex- plained and Justified In communfca- tion addressed to the President by At , torney General Moody which was nIed today with the Senate committee on Indian Affairs by Rev. William H. Ketchan1, Director of the Bureau or Catholic Indian Missions.
 Father Ketcham appeared before the Committee to defend himself against the charges that 1t has been using funds and political influence to secure the use of trust funds for Catholic schools.
 Father Keteham's communication. dated February 3. 1905, sets forth the record of O cabinet meeting held in January. 1904, when the question of the use of the Indian funds for secta- rian 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 denomination educational institutions.
 Senator Knox. then Attorney Gen. eral. decided that the action of Con- gress in declaring 1t to be the policy of the government not to permit the use of the public moneys of the Amer lean people for sectarianl purposes. did not repeal previous laws given to the Secretary of the Interior discretion to use tho Indian funds in any manner he saw fit. Certain laws were cited to direct attention to the Presidents au- thority in that regard.
 Father Ketcham of the Catholic In- dian Missions today filed with the Sem ate Committee on Indian Affairs @ communication from Attorney General Moody addressed to the President un- der the date of February 2, 1905, suB- hitting a statement Of what occurred in January, 1904, concerning the Pres- ident's decision to permit the use of Indian funds held in trust by the Uni- ted States for the support of sectariap schools. Tn this communication, MT. Moody says: By your direction I sub- init a statement of what occurred ip January, 1904, concerning your decis- ion to permit the use of the interest upon certain funds held in trust by the United States for the support of sec- tarian schools.
 '"The question was raised whether a certain declaration of Congress in ap- pointing for Indian day and industrial schools preoluded the dse of the funds in question in that way and Mir. Rus sell of this Department, attended a
 
 present Secretaries Hitchcock, Cortel- you and Wilson ana Postmaster Gen. eral Payne. On behalf of the Attor- ney General, a memorandum was sub- mttted in favor of the legality of the use ot the funds. and Secretary Hitch cock submitted a letter from the Com missioner of Indian Affairs. Thereup- on the question was discussed at length and left for your determination.
 The memorandum was as follows:
 Partial list of Indian funds in the treasury trust for particular tribes, a portion of the interest on which funds may be used for educational purposes by the Secretary of the In- terior under authority of the act of April 1, 1880, and other acts, without appropriation by Congress.
 These funds can be used for sec tarian schools. but 1t would be well to do that otherwise than through con tracts.
 "'Menominee fund Interest s7.s5l per annum.
 Menominee log fund. interest s7s.- SIS per aRnun.
 "'osag@ fund. interest st1s.s71 per annum.
 "'sioux, ss,OOO.oOO; interest. s15O.OOo