The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-12-21

ting that they had no authority Of law
for the withdrawal from allotment of
nearly 100000 acres Of lands belong
ing to the five civilized tribes in The
Indian territory for the purpose OF Gre
ating q forest reservation, two maIl-
bers Of the presidents caDinet-Secre-
tary Hitchcock, Of the department Of
the interior, and Secretary Wilson Of
the department of agriculture, en-
deayored today to justify their course
by stating they had the best interest
of the Indian at heart The eXElana-
tion was made before a select senate
fairs in relation to the property rights
of the FIVE tribes, but the committee
declined to accept it and Senators
Clark, Of Wyoming, Teller, Long and
Brandegee declared that the interior
department had suspended a statute
Of the United States without authority
and that it was the duty Of Secretary
Hitchcock TO Immediately canoe! his
order withdrawing the land from al
lotment. The same senator's said 20
Secretary Wilson and Chief Forester
Clifford Pinchot that it was his duty
to withdraw their request on the SEC
retary OF the interior for q suspension
Of the allotment. The order withdraw
ing the land from allotment was issued
early IN the present month. The pu:-
pose Of the withdrawal was not stated
publicly at the time. but it developed
during earlier inquiries by the COM
mittee that the department Of agricul
aure planned TO create a forest reserve
within the withdrawn lands, when
would contain about 100000 acres.
These lands would have to be pur-
chased from the Indians through some
plan yet to be presented and appro-
priation by congress would be required.
Secretary Hitchcock was first called
to the stand today. He said that he
had asked the forest service, division
of the agricultural department, to re-
port upon a request Of Jack Gordon,
OF Paris, Texas, and associates, that
they be permitted to buy 100000 acres
for game preserve and that in making
an adverse report on that proposition
the forest service had asked for the
withdrawal of the lands for a forest
reserve
Mr.. Hitchcock said that in granting
the request he had only temporaril.s
suspended the operation Of the law re-
curing that the lands in question DE
allotted The tentative suspension. he
said. was for the purpose Of lnvestiga-
ton with view to determining what
was the best interest of the Indian.
You have no right to suspend. The
operation of a statute one hour, nor
one minute declared Senator Teller.
"If you had the right to temporarily
hold up the application of law. YOU
could suspend its operation for Il
month, a year or two years.
All Of the members of the committee
took part in condemning the action Of
the department in suspending the law,
and finally Senator Teller said: 7
Challenge any one to show any statute
which permitted the suspension of
the allotment in question"
"If we have violated any law, am
sorry for it," said Secretary Hitchcock.
Turning to Secretary Wilson, who
-had been an interested listener TO the
examination of mis- colleague in the
cabinet, Senator Lodge asked: We
want to know under what authority
YOU requested the withdrawal OF these
lands from allotment?'
Il never look at an authority, re-
piled Secretary Wilson, Il made up my
mind that we had a better proposition
for the Indian than to turn his land
into a game preserve. The right to
withdraw the land was matter for
the lawyers of the interior department.
to pass upon. He made an investiSa-
ton and then a recommendation. 1t IS
up to you gentlement to say whether
you take it or not.
mo" responded Senator Clark, 1T
is up TO the secretary OF the interior
to do as the law tells him to do"
Chief Forester Pinchot was called 10
the stand and after he had explained
the proposition members OF the COM
mittee declared emphatically that ne
sould not hope to get his plan through
congress. He was told also that his
request had been out OF place inasmush