New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-02-04
FUNDS NOT MISAPPLIED.
PRESIDENT JUSTIFIED.
Indian School Money Distributed in
Strict accordance zcith Lac.
IRON TIE TRIBUNE BuREAu.I

nlnistrations action in applying certain Indian
FUNDS to the support Of UNCONVENTIONAL schools
was clearly esta blished to-day by the publica-
ton of the opinion of Attorney General Knox
on which such action was based It was fur
Their shown, at the hearing given on the sub
Ject by the Senate Committee on Indian At
fairs, that the decision was based on a princi-
pie and that under it all denomina tional schools
might have received such assistance from the
trust funds belonging to the Indians had thew
complied with the requirements of the De-
partment of the Interior, and it is declared by
those who had the subject in charge that rep
fesentatives Of the various denominations were
ADVISED Of the decision of the Attorney General
and were prevented from availing themselves Of
such federal assistance only by the fact that
in the period when no federal assistance was
granted to any UNCONVENTIONAL school all re-
lfgious bodies except the Catholics and the
Lutherans' had practically abandoned. sold or
otherwise disposed of their Indian schools
MR.. MoODY's STATEMENT.
The statement of Attorney General Moody.
accompanying the opinion of his predecessor,
MI Knox. which was presented to the Commit
Tee on Indian Affairs to-day, is follows:
By your direction 1 submit statement Of
what occurred in January, 1904, concerning your
ceclslon TO permit the use OF the interest upon
certain funds held in trust by the United States
AOr the support of Sectarian schools. The
Ign was raised whether a certain declaration
OF Congress in appropriating for Indian day
ana industrial schools precluded the use of the
Iulos IN question in that way, and Mr.. Russell,
OF this department received a note from Secre-
tary Hitchcock, dated January ~ 1904 saving:
The President has requested me to inform Won
OF the White House at o. m. on Friday next (22I)
recently brought TO your notice, at which meeting
the President requires your presence.
The Attorney General CAIr Knox and Mr..
X4-hO hol han
proceeded TO the meeting, at which were present
Secretaries Hitchcock, Cortelyou and Wilson
ana postmaster General Payne. On behalf OF
the Attorney General. memorandum was sub
United in favor of the legality of the use OF
funds. and Secretary Hitchcock submitted a
letter from the Commissioner of Indian Affairs.
Thereupon the question was discussed at length
and left for your determination.
Besides the memorandum referred to, there
was long one giving the reasons for the
clusion reached by the Attorney General, the
substance of which Mr.. Russell stated The
brief memorandum which left with you
as follows. as appears by copy retained at the
Department Of Justice:
Partial tai list Of Indian funds in the Treasury in
on which funds NAV be used for o ed4catiena n,iT
poses by the Secretary of the Interior under au-
without appropriation BY Congress These funds
well to do that otherwise than under contracts
Nenomnee fund. interest, 1861 per annum.
Usage fund iaterest sli687i per S'0 snndm T 3'u
Sioux fund So c00,000; interest $4,000 per annun
The long memorandum Ctwenty-three pages of
typewriting) discussed the question substan-
TALLY as follows:
1t explained the history of educat ionaI work by
the government among the Indians before 1873,
10 be a permanent annual fund. without reappro-
priation for the employment of teachers among the
It explained the beginning Of the contract system
under the act Of 1913, and began after the act Of
1870 appropriatng 500 o0 for the support of Indian
for. e.. among tribes not having treaties con-
tainig stipulations providing funds for educational
1t showed the beginning of the general annual
support Of industrial schools and other educational
priation. gradually increasing in amount has prac-
ucaily continued until the present time: it set
forth the language of the current appropriations of
public money for Indian day and industrial schools
and the declaration Of Congress following adds
settled policy of the government to hereafter make
sectarian school" and subsequent declaratory
proviso in the appropriation act for 1899 viz: This
Il then took up the question Of the effect Of the
said in debate This drastic declaration in this
Pill declaring that the Congress Of the United
my concurrence"
THE INTENTION OF CONGRESS-
It argued from the second declaration above
Priation" meant Congressional appropriation, and
self would not thereafter make appropriations to
separate sectarian schools, and not that the Sec
interior
Prate'' funds for that purpose under pre-existing
laws. 1t quoted the reports of the Commissioner
OF Indian Affairs Mr. Morgan in 1891 and 1892.
show that the evil complained of by the opponents
OF government aid TO sectauan schools that
1T is contrary the letter and spirit OF the Con.sI
tuition Of the United States and utterly repugnanC
to our American institutions and American his
tory TO take from the public moneys funds for the
support of sectarian Institutions and that
moneys from the public treasury should be devoted
70 sectarian or church institutions 1t confirmed
TINS idea, that IL the use of public moneys of
the United States, of the American people, that
was objected TO- by quoting the language OF the
secretary Hoke Smith, of December Is, 1884, in
which ne said: Il agree fully with those who OPP
pose the use o. public money for the support of
sectarlan schools II quoted the debates in Con-
gross 70 show that the intention Of Congress
TO reduce the regular appropriation Of public funds
to get rid Of contract schools aided by the ap-
preparation of money belonging to the American
people. II further showed that in the case of the
Usage schools and mission schools .+7e Sac and
continued TO be used, and the contract system APP
piled to them, after the declaration Of Congress
The argument Of the memorandum, briefly.
that, Notwithstanding the declaration Of Congress
SIGNAL intent not To make appropriations in the
future OF public moneys of the American peoDIe
for sectarian institutions the previous la ws Civ
certain moneys Of the Indians held in in any
way he might see ht including assistance sec
tartan schools were not repealed. and consequently
his discretion remained.
This was the legal advice given to you AS to
your authority TO continue your use Of the in
terest on certain Indian trust funds. 1t ap-
peared in the discussion that some of the Indian
tribes desired such use of their own moneys and
tage OF continuing 10 support certain existing
sectarian schools account OF their efficient
work or special beneficial influence but with
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Gift