Omaha daily bee., 1906-12-20
OFFICIALS DISREGARD THE LAW
such Charge Made by Senators
Against Secretaries Wilson
and Hitchcock.

WASHINGTON, Dec. 1s.-Admitting that
they had no authority Of law for the with
drawal from allotment Of nearly 4,OOO,OO
acres Of land belonging to the FIVE civilized
tribes In the Indian Territory for the pur-
pose OF creating a forest reservation, two
members OF the presidents cabinet-Secre-
taries Hitchcock and Wilson-endeayored
today to Justify their course by stating
they had the best interest Of the Indian at
heart
The explanation was made before a select
senate committee, which is INVESTIGATING
affairs in relation to the property rights OF
the five tribes, but the committee declined
to accept 1t and Senators Clarke of Wyom-
ing, Teller, Long and Brandegee declared
that the interior department had suspended
a statute Of the United States without au-
/ thority and It was the duty of Secretary
Hitchcock to Immediately cancel his order
withdrawing the land from allotment. The
same senators said to Secretary Wilson and
( Chief Forester Clifford Pinchot that It was
their duty to withdraw their request to the
( secretary Of the interior for a suspension
Of the allotments.
Texan wanted Land.
The order Withdrawing the land from al
lotment was issued early in the present
month. The purpose was not stated pub
| licty al the time, but 1t developed during
the earlier inquiries by the committee that
the Department Of Agriculture planned to
! create forest reserve within the with
/ drawn lands which would contain about
100000 acres, These lands would have to
be purchased from the Indians under some
plan yet to be presented and an appropria-
tion by congress would be required. The
committee determined to call for an expla-
| ,,ft ba
departments for a reason for the with
drawal.
Secretary Hitchcock when called to the
stand said that he had asked the forest
service, a division of the Agricultural de-
partment to report upon a request of Jack
Gordon of Paris, Tex, and associates, that
they be permitted to buy 10000 acres for u
game preserve and that in making an ad-
verse report the forest service asked for the
withdrawal of the lands for a forest re-
serve.
HItchcOcI's Reasons.
Mr.. Hitchcock said the suspension was
only temporary and designed for the pur-
pose of determining what was the best In
terest of the Indian.
"You have no right to suspend the opera
tion of a statute one hour, not one minute,
declared Senator Teller. III you had the
right to temporarily hold up the applica-
ton of a law you could suspend its opera
ton for month. year or two years"
In reply to questions from Senator Long
Mr.. Hitchcock said that the request Of Sec
retary Wilson had prompted his action. All
the members of the committee condemned
the action Of the department IN suspending
the law
IF we have violated the law 1 am
| 10 IIftphNnOlr
But my only motive was in the interest
of the Indian and because 1 desired To
accommodate the secretary of agriculture
The committee, 1 think, does nc. take into
consideration the suspension merely pro
vided for the submission of plan to con-
gress for the creation of a forest reserve.
Turning to Secretary Wilson, Senator
Long asked: 1--WE want to know under
what authority you received the with.
drawal of these lands from allotment?"
Il never looked at an authority" replied
Secretary Wilson, Il made up my mind
that we had a better proposition for the
Indian than to turn his land into game
preserve. The right to withdraw the land
was a matter for the lawyers Of the In
terror department to pass upon. We made
an investigation and then a recommends
ton It is up to you, gentlemen, to say
whether you take 1t or not"
PinchOt Explains.
mo" responded Senator Clark, ut Ii
up to the secretary Of the interior to dc
as the law tells him to do"
Chief Forester Plnchot was called to the
stand and after he had explained th'
proposition, members Of the commission
I declared emphatically that he could no
hope to get his plan through congress. H'
r was told, also, that his request had beer
out OF place, inasmuch as 1t suggested
violation of law.
Secretary Hitchcock should not taxi
, thirty minutes in telegraphing an order Il
, the territory to permit the allotments t.
2 proceed" concluded Senator Teller, ant
, Senators Long, BTandegee and Clark as
sented