The Cairo bulletin., 1906-12-27
HITCHCOCK WILL
DEFEND ACTION
TO FIGHT THOSE WHO OPPOSE
a HIM FOR WITHDRAWING
INDIAN LANDS.
ROOSEVELT TO AID HIM
In His Efforts to Justify His Order,
Which Disregarded Act of
Congress-LeeisIstion
May Follow.


Washington Dec. 2G.-Secretary
I Hitch cock is preparing to defend his
recent action in Withdrawing 1000 600
acres Of Indian lands from allotment,
/ thereby disregardlng an act of con
gress providing that these lands be
divided in seyeralty lie is collecting
precedents to sustain his course. II
is also said that Pre- ident Roosevelt
| will support the attitude assumed by
Mr Hitchcock.
| If Secretary Hitchcock declines to
Iesc nd his action there will be a
lively fight between congress and the
secretaly This was made evident a
few days ago when the secretary was
witne S, together with Secretary
| Wilson before subcommittee of the
! Indian affairs committee, when both
officials were severely criticised to
their faces for not observing an act
of congress It was made plain that
senators regard Mr Htchcocks re
fusal to obey the laws as an encroach-
ment on the part of the executive
branch of the government
Senators Reject Precedents.
Sena ors who know of the cases in
point which are likely to be cited by
Secretary Hitchcock as precedents as.
sert there is one important feature
that marks the action of the sec. etary
in each instance that has been oye.-
looked in the comparison with the
recent action Of the secretary in with
drawing from allotment 10000
acres of Indian lands for a forest re-
serve 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 gov
ernment Just what bearing. If anr,
that fact will have upon the case in a
legal way mmains to be seen.
The secretary can point to a prece-
dent in which the withdrawal of land |
preceded legislative action
Legislation May Follow
In case there should eventually be |
leg 'slative action b. congress author. |
izing the withdrawal of Indian lands |
from allotment it is claimed that the
two classes of cases would have the |
same standing in the courts and that |
IT would not be possible to show that |
The secretarys action in one case re !
ceived the private sanction Of leaders |
in congress and in the other case did |
not.
Even could such private under
standing be established it could not |
affect the case in a legal sense, as
those who gave their assent to the |
transaction could have no authority
TO bind congress even if they even
tually had the power TO uphold the ac.
ton of the secretary by securing the
passage of necessary legislation
This discussion has called attention
to what is said to be loose methods
frequently resorted to by leaders in
congress to accomplish desired re-
suits with the least possible friction.
Department Head Gets Zip"
II frequently happens that the head
of an executive department wishes to
do something for which thee is no
of law. In many cases of
this kind in which there is 70 differ.
cnce of opinion among the leaders on
both sides N congress the head Of the
department is given a tip 20 90
ahead with the assurance that the
necessary legislation will be forth.
coming. OF course the leaders who
give their sanction TO such 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.
II is said that these practices have
caused some public officials of the
executive branch Of the government
TO believe that So lC.lE as t1ey are
sure of being sustained by congress
they are justified in going ahead
without the annoyance and tedious
ness involved in waiting for com
pletcs legislation.
But the course Of the secretary of
he interior in Withdrawing 100000
a.ICs Of the Indian land from allot-
mcnt on the assumption that con
grass VII enact legislation providing
for its purchase at 80 cents an acre
is said 10 have exceeded any case in
which legislation has been antici-
pated. both in the importance of the {
ac- and in the fact that congress has /
shown 10 inclination TO adopt such a
roursa