Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-25
Secretary Hitchcock Collecting
PrecedentS for His Action.
CASE OF Sc HAS BEEN CITED
Senators Claim That It is Not
Analogous.
ALLEGED
METHODS
Course of Department Heads Said to
Have Been Based on Assur-
ances of Legislation.

ances of Legislation.
| The report that the President proposes
| to stand pat in giving his support to the
| order of the Secretary Of the Interior in
| withdrawing from allotment Indian lands
| amounting to about 100000 acres of agri-
| cultural and timber land in the Indian Ter
| ritory is given Importance by the fact that
| Secretary Hitchcock is getting together
| what he regards as presidents for his ac-
ton. In the event of the Secretary declin-
| ing to rescind his order there will be a
| lively fight in the Senate on the part of
senators who regard such action as an en-
| croachment on the part of the executive
branch of the government upon the powers
of Congress Just what form this fight to
sustain the powers of Congress will take
| has not yet been determined, but without
| doubt it will be made.
Withdrawal in 1856.
| One Of the presidents upon which the
| Secretary will rely Is an action that was
taken by the Secretary of the Interior In
| 1856 in the case of public land in Iowa In
that year Congress had under considera-
ton bill providing for land grant to a
railroad company that was to build a road
| in Iowa 1t was foregone conclusion that
| Congress would enact the legislation then
| pending. The exact route the road was to
| take was not then known. but 1t was to go
| through a large strip of public land. 1t was
| feared that the proposed action by Congress
might result In much OF the lane along
| what was supposed would be the route OF
| the railroad being taken up by settlers, not
| for bona flde purposes OF settlement, but
merely in order to establish claims that
| would have to be bought up by the rail-
road. Under those circumstances, and with
fha Lrn lodi md Of
| in Congress, the Secretary issued his order.
| which was never questioned. The order
stood until the railroad had been located,
| and later the land not involved In the
grant to the railroad was occupied by set
| tiers.
Another case very similar to tho Iowa
| land grant was upheld in the courts by the
| Supreme Court of the United States when
| the validity Of the withdrawal Of the land
| from settlement was tested.
What Senators Say.
| Senators who know Of these cases that
| are likely to be cited by the Secretary Of
| the Interior declare that there - one i'm
portant feature that marks the action of
| the Secretary in each instance that has
| been overlooked in the comparison with the
| recent action of the Secretary In with
| drawing from allotment 100000 acres Of
| Indian lands in the Indian Territory, for
| a forest reserve. In this case the action
| was taken without knowledge on the part
| Of Congress and was, in fact. initiated by
| the executive branch of the government.
Just what bearing. il any. that fact VIII
| have upon the case In a legal way IL to be
seen.
| in which the withdrawal OF the land pre-
ceded legislative action. In case there
| should eventually be legislative action by
| Congress authorizing the withdrawal Of the
| Ip6i lar, Ia al
| the two classes of cases would have the
| same standing In the courts as 1t would
not be possible to show that the Secre-
| tary's action In one case received the prf-
| vate sanction of leaders in Congress and
| in the other case did not. Even could such
| private understanding be established 1t
| could not affect the case In legal sense.
| as those who gave their assent to the
| transaction could have no authority to
bind Congress even II they eventually had
| the power to uphold the action Of the Sec
rotary by securing the passage of neces-
| sary legislation.
Alleged Loose Methods.
| This discussion has called attention to
| what is declared to be loose methods that
are frequently resorted to by leaders In
| Congress In order to accomplish desired re-
suits with the least possible friction. 1t
frequently happens that the head of an
| executive department wishes to do some
| thing for which there is no authority of
| law. In many cases Of this kind. in which
| there is no difference of opinion among the
| leaders on both sides in Congress the head
Of the department is given a Tip" to go
ahead with the assurance that the neces-
| sary legislation will be forthcoming. OF
| course. the leaders who give their sane
| ton to such a course cannot bind Congress,
| but that course is pursued when there
| seems to be no ground for a difference Of
| opinion when the public interest is served
| by prompt action.
| iS bat
some public officials of the executive branch
of the government to believe that so long
as they are sure of being sustained by Con-
greSs they are justified in going ahead with
| out the annoyance and tedousness involved
in waiting for completed legislation.
| Secretary's Recent Action.
But the course of the Secretary of the In
terror In Withdrawing 100000 acres of the
| Indian land from allotment on the assump-
| ton that Congress will enact legislation
| providing for its purchase at 40 cents an
| acre is said to have exceeded any case
| in which legislation has been anticipated.
both in the Importance of the act and in
| the fact that Congress has shown no in
| clination to adopt such a course. The en-
| tire subcommittee of the Senate committee
| on Indian affairs having this matter in
charge has expressed dlSapproyal or the
| action of the Secretary, and members OF
| that subcommittee have expressed conf
dence that as soon as the Secretary fully
i investigates tHe case anu d0tiioiily He
will rescind his order, and in that way close
| the incident. This subcommittee consists
| of Senators Clark of Wyoming Long Bran
degee Teller and Clark of Montana.
| Should the Secretary insist upon standing
pat members of this subcommittee and
others will determine upon the course they
will pursue to meet the situation. A reso-
luton may be introduced in the Senate ex-
pressing the view of Congress that the
Secretary has exceeded his authority and
directing that he rescnd the objectionable
order. If the Secretary stands pat" 1t Is
probable that action will be taken shortly
after the holiday recess is over.
In any event 1t is declared by senators
who know the land involved in this case
that it is worth far more than 20 cents an
acre, and that IL 1t is to be taken from the
Indians at all it must be by their consent
Some of the land In question is said to be
worth as much as $40 an acre. But such
questions are mere side issues. The one
| important point that is to be kept to the