The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-02-06

SECFF TART HlICHCOCkS ORDER
Editor Leader notice thas Secre
tary Of the Interior Hitchcock has or
dered that the Oklahoma general as
sembly shall keen rs nauds off Of thp
Dsage reservation IN the uiater Of
Iuarlntininu against diseasel cattle.
This looks ike pretty hien handel
stand for Air. Hitchcock 10 take. ami
enc wholly untcnable and unauthorized
from every ius point o. view. Hs
might with the same propriety aad
with the same legal authority ssy thac
The Oklahoma quarantine laws should
not tcnch the Ponca, Ote and othef
Indian reservations ever which The ter.
ritory exercises Jurisdiction ard policA
! regulations. What IS quarantine but 4
police ~egu'atlon. 10 be exercised for
the preveu' !on and exclusion Of conta-
gicus diseaseH from a state or corr.
mnniiv? And our sanitary laws are
founded urluu the assumption that GER
tain diseascs depend upcn a specific
contagion and their prciessed ends
are to prevent he rxpor alton. impor.
tation ard spreading OF such diseases.
and in pursuance Of statutory laws
powe- IS given the proper authorities
TO ay down ceJaiu lines OF circum.
yalla'ion and other modes ot separa.
tion and to declare the se1scrs When
these lines may be modified. abridged
or lifted.
do not fncw upou waat statutei
or theory Secretary Hitchcock bases
his ordef denvirr thc lawful right Of
the legis'atr,e of CglSh1n.a to extend
The quarantine laws Ct the territory
ever fhc ofase reservation, Int Ger
tair.y it can nc, be based upon aay
provision ir the organ.c ac for tha
only provision in the whole act from
which he or anyone else could draw
The slightest conclusion thttt such au-
tbority is wa1 ,-t--' ..,unu II the
latl~r part Of section one of the or.
ganie act. which . herewith quoted;
"Provi lcd. chat nothing in this act
shall be construed to impair any right
GoM pertaining ic any lhdians or IN
tian tribe in said territory under the
laNs, agreements, aud treaties of ths
United States. or to impair the rights
Of pcrscn or pIoperty pertaining 20
said ladians, or % affect the authority
CT the government Of the United States
10 make any regulation or to mf n
any law respecting said TndiaaS theI
lands property or eth. rights which
1t would have been competent to MAKE
or exact if ibis act had lot been
passed"
For years fhe territory Of Oklaho-
ma ty he auth 'rifation Of the con
gress las been evorcising &c tain
jurisdiction ove- tho Usage tese-vG-
ZION cne Of which is police regulation
apd as this quarau-ii.e question is
strictly a police f,culation it viii harl I.
" be advanced that the legislature. of
Oklahoma can net legislate upon ths
subject {, tho public interest and for
The public welfare II is very mar
low view Of the subject which woull
deny to no territory II Oklahoma the
right TO control her domestic affairs for
he well being OF her own people sir:
My that the distinguished secretary of
the iatericr may make his word good
&c a few cHttle barors TO whom he has
PROMISED leases for past' rage in the
rescrN alton. If. therefore tho provis
ion % trt o 'ganic act quoted is he au-
thcrity for the inrill.ory order of the
secretary, 4. VIII hardy l;o advanced
hy any nnnieiudiced opinion that the
provision qaotcd, or that congress in
tended to maze any such inhibition
What riSht OF a;y Indian or tribe 0i
Indians. treaties or agreements would
he violatoi? None. We repeat that
the territory already having police
jurisdiction over the reservation, anl
as quarantine is e.rlctly and purely Il
roiice regulation the right Of the ter.
Iitorv over the subject ia the reser-
vation Is absolutely the ukaae. ulti-
inatum. o. rrmlurciamento Of the
secretary notwithstanding J. c. j..