The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-12-20
CABINET ALSO
SUSPENDS LAWS
Secretires Hitchcock and vii.
son GriIIed by Special Com
mittee of Senate.
INDIAN LANDS WITHDRAWN
EXCUSES OFFERED DID NOT
AVAIL,

| Washington, Dec. 1e.-Admitting that
they had no authority of law for the
withdrawal from allotment of nearly
4,OO0, 900 acres OF land belonging to the
five civilized tribes in the Indian Ter
ritory for the purpose of creating for
est reservation, two members of the
presidents enthusiastically Hitch
cock of the department of the interior
and Secretary Wilson of the agricul-
tural OBSERVATION-DISCLOSURES today to
Justify their course by stating they had
the best interests of the Indians at
heart.
The explanation was made before a
select committee which is Investigating
affairs in relation to the property
rights of the five tribes, but the COM
mittee declined to accept it,, and Sem
ators Clark of Wyoming, Teller and
Brandegee declared that the interior de-
partment has suspended a statute of
the United States without authority,
and that it was the duty of Secretary
Hitchcock to Immediately cancel his
order withdrawing the land from allot-
ment.
Outside Their Duty.
The same senators said to Secretary
Wilson and Chief Forester Clifford Pin
quest the secretary of the interior for a
suspension of the allotments. The or
der Withdrawing the land from allot-
ment was issued early in the present
month. The purpose was not stated
publicly at the time, but it developed
during earlier inquiries by the commit
tee that the department of agriculture
planned to create a forest reserve
within the withdrawn lands which
would contain about 100000 acres.
These lands would have to be pur-
chased from the Indians under some
plan yet to be presented, and an ap-
preparation by congress would be re-
quired. The committee determined to
call for an explanation from the heads
of the two executive departments re-
sponsible for the withdrawal.
Hitchcock on the Rack.
Secretary Hitchcock, when called to
the stand, said that he had asked the
forest service, a division of the agri-
cultural department, to report on a re-
quest of Jack Gordon OF Paris, Tex,
and associates, that they be permitted
TO buy 200, 900 acres for a game preserve,
and that in making an adverse report
the forest service asked for the with
drawal of the lands for a forest reserve.
Mr.. Hitchcock said the suspension was
only temporary, and designed for the
purpose of determining what was the
best interest of the Indians.
You have no right to suspend the
operation of a statute one hour. not one
declared Senator Teller. IF
you had the right to temporarily hold
up the application of a law you could
suspend its operation for a month, a
year or two years"
At Wilson's Request.
In reply to questions of Senator Long,
Mr.. Hitchcock said that the request of
Secretary Wilson had prompted his ac-
ton.
All the members of the committee
condemned the action of the depart
ment in suspending the law
IF we have violated the law, 1 am
sorry for it, said Secretary Hitchcock.
But my only motive was in the inter-
est of the Indians. and because l desire
to accommodate the secretary of agri-
culture. The committee i think, does
not take into consideration that the
merely provided for the SUBJ
mission of plan to congress for the
creation of a forest reserve"
Turning to Secretary Wilson, Secre-
tary Long said:
I'VE want to know under what au-
thority you requested the withdrawal
of these lands from allotment?
Never Looked for Authority.
81 never looked at an authority" re-
piled Secretary Wilson. 'I made up
my mind that we had a better propo- |
sition for the Indian than to turn his
land into a game preserve. The right
to withdraw the land was a matter for
the lawyers of the interior department
to pass upon We made an investiga- |
ton and then a recommendation 1t is |
up to you gentlemen to say whether |
you think it right or not
NO" responded Senator Clark. 'it |
is UP to the secretary of the interior |
to do as the law tells him to do
Chief Forester Pinchot was called to |
the stand and, after he had explained |
the proposition, members of the COM,
mittee declared emphatically that he /
could not hope to get his plan through |
congress. He was told also that his re-
quest had been out of place, inasmuch |
as 1t suggested violation of the law.
Secretary Hitchcock should not take
thirty minutes IN telegraphing an order
to the territory to permit the aliot-
ments TO proceed" concluded Senator
Teller. and Long. Brandegee and Clark