Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-19
Secretaries Wilson and Hitch
cock Called Before Senate
Committee to Explain
A ROW OVER THE INDIAN LANDS
Withdrawal of Million and a Half
Acres From Allotment Results in
SECRETARIES Being Called to Task =
Wanted to Create Forest Reserve
An Explanation Offered.

Washington, Dec. 19.-Admitting
they had no authority of law for with
drawal from allotment of neary 4,000,
600 acres of lands belonging to the five
civilized tribes in Indian Territory for
walton, two members of the president 8
cabinet Hitchcock of the department of
the interior, and Wilson of the depart
ment of agriculture, endeavored today
to justify their course by stating they
had the bea interests of the Indian at
heart. The explanation was made be-
fore a select senate committee, which
is investigating affairs in relation 20
property rights of the five tribes ou.
the committee declined to accept 1t.
ments had suspended statute of the
United States without authority, and It
was the duty of the secretaries to i'm
rnediately cancel the order without
drawing the land from allotment.
The Hitchcock Wilson order with
withdrawing the land from allotnenl
was issued early this month.
The purpose of the withdrawal was
not stated publicly at the time, but II
developed during the earlier inquiries
by the committee that the department
of agriculture planned to create for
est reserve within the withdrawn lands
which would contain about 100000
acres. Thehe lands would have to be
purchased from the Indians under some
plan yet to be formulated and ah az
preparation. by congress would be re-
quired.
The committee was Of the opinion
there WAS no authority of congress for
the suspension of the law providing for
allotment Of lands involved, and it was
then determined Ito call for an explain
alton from the heads of the two execu-
tive departments responsible for the
withdrawal Hitchcock said he had
asked the forest service division of the
agriculture department to report upon
the request of Jack Gordon of Paris,
Texas, and his associates, that they be
permitted to buy 100000 acres for
game preserve; that in making an ad-
verse report on that proposition the
forest service had asked for the with
drawal of the lands for a forest re-
serve. Hitchcock said that in granting
the request he had only temporarily sus-
pended the operation of the law re-
quiring that the lands in question be
allotted.
The tentative suspension, he said,
was for the purpose of investigation
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, not one
minute" declared Senator Teller. "If
you have the right to temporarily hold
up the application of a law you could
suspend it's operation for month, a
year, or two years"
In reply to questions from Senator
Long as to the reasons that actuated
the secretary, Hitchcock said the re-
qest of Secretary Wilson had propmted
him. He was asked concerning other
suspensions of land laws. He said at
times action Of that character had been
taken at the request of the president
where 1T had been necessary to inves-
tigate the claims of frauds.
mo one has authority to suspend a
law of the United States under any
circumstances, unless there is specific
provision for it," declared Teller.
All the members of the committee
then took part in condemning the ac-
ton Of the department in suspending
the law.
"If we have violated the law, 1 am
sorry for it," said Hitchcock. But my
only motive was to the interest of the
Indian and because l desired to &C
conlrnodate the secretary of agriculture.
The committee, think, does not take
into consideration that the suspension
was permanent, but merely provided
for submission of the plan to congress
for the creation of forest reserve
Turning to Secretary Wilson Senator
Long asked:
1--WE want to know under what au-
thority you requested the withdrawal OF
these lands for allotment
81 never looked at authority" re-
nlied Wilson II made up my mind
we had better proposition for the In
dian than to turn his land into game
preserve. Right to withdraw the land
was a matter for the lawyers Of the in
terror department to pass upon. We
made the investigation and the recon-
mendation. It's up to you gentlemen
to say whether you take it or not
"No." responded Senator Clark, lit S
1p to the secretary of the interior TO
do as the law tells him to do
..Secretary Hitchcock should not
take thirty minutes in telegraphing
the order to the territory to permit
the allot1nents to proceed" said Tel
ler, and Long, Brandegee and Clark as
sented.
The question of the propriety of the
withdrawal of the lands was also raised
in the senate Senator Berry charac-
terized the withdrawal as "a remark
able proceeding" and "as seemingly IN
disregard to the law requiring allot-
ment."
Money Market Relief Bill.
Washington. Dec. ia bill desig-
mated to extend relief to the money