The news-democrat. (Providence, R.I.) 1906-1909, 1906-12-20
MEMBERS Of THE
CABINET ARE
REPR|MANOED

Washington, Dec. 2o-The select COM
mittee OF the senate appointed at the last
session OF congress TO investigate proper
~ conditions in the territory OF the Five
Civilized Tribes in Oklahoma held live
~ session yesterday, at which Ethan q.
Hitchcock, secretary OF the interior, ana
James Wilson, secretary or agriculture,
who were present and who admitted do
ing certain acts, were told they hao sus-
pended the laws OF the land, and there
by exceeded their authority, and that
they must retrace their official steps,
The acts complained OF by the select
committee, OF which Senator Clark OF
Wyoming is chairman. were the with
drawal from allotment, by executive or
der, OF nearly 100000 acres OF lands be-
longing 70 the Five Civilized Tribes.
The order Withdrawing the land from
allotment was issued early I'm the present
month. The committee learned that the
department OF agriculture planned u
create "a forest reserve within the with
drawn lands. which would contain about
100000 acres. These lands would have
TO be purchased from the Indians, and an
appropriation by congress would be re-
quired.
The committee thought there was no
authority OF congress for the suspension
of the law. and Il was determined 10 call
for an explanation from the heads OF the
two executive departments responsible ior
the withdrawal.
Secretary Hitchcock was first called 10
the stand yesterday. He said that he had
asked the forest service a division or the
agricultural department. to report upon
a request of Jack Gordon of Paris. Tex,
and associates. that they be permitted &c
buy 10000 acres for game preserve, and
that in making an adverse report on thai
proposition the forest reserve had asked
for the withdrawal OF the lands for FOR
est reserve Mr.. Hitchcock said that IN
granting the request he had only tenn
porarlly suspended the operation OF the
law requiring that the lands in question
be allotted
"You have no right TO suspend the op-
Grafton OF a statute one hour, not one
minute" declared Senator Teller.
Mr.. Hitchcock said that the request ol
Secretary Wilson had prompted his ac'
tion. He was asked concerning other sus-
pensions of land laws. and said that al
times action of that character had peer
taken at the request OF the president
where IL had been necessary TO institute
claims of frauds.
mo one has authority to suspend law
OF the United States under any clrcum'
stances. unless there Is specific provision
for it," declared Mr.. Teller.
All the members OF the committee then
took part in condemninR the action of the
department in suspendng the law.
IF we have misunderstood the law,
am sorry for it," said Secretary Hitch
cock. But my only motive was in the
interest Of the Indian. and because j de-
sired 10 accommodate the secretary of ag'
riculture.
Turning TO Secretary Wilson, who had
been an Interested listener TO the eXanl-
nation OF his colleague in the cabinet
Senator Long asked: I'VE want 20 know
under what authority you requested the
withdrawal OF these lands from allot-
ment?"
II never looked at any authority" re-
piled Secretary Wilson. Il made up my
mind that we had a better proposition foi
the Indian than 10 turn his land into q
The right TO Withdraw
the land was a matter for the lawyers
OF the interior department 10 pass upon
We made an investigation and then a
ruling. IL is up to you gentlemen 10 say
whether you take IL or not"
mo" responded Senator Clark. "it Is
up to the secretary Of the interior TO Dc
as the law tells him TO do
Clifford Pinehot. chief forester, was
called to the stand. and was given bit
OF legal advice. after which the select
committee advised Secretary Hitchcock "a
wire countermanding his order of with
drawal without delay.