Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-19
A SHARP CALL DOWN
Department Heads Told That
They Cannot Suspend Law.
PUBLIC LANDS WITHDRAWN
Secretaries Hitchcock and Wilson
Questioned by Committee.
THEIR COURSE EXPLAINED
What Was Done YVES for the Indians
Benefit-Senators Refuse to Ac-
cept Explanation.

Admitting that they had no authority of
law for the withdraw wal from allotment of
nearly four million acres of lands belong
ing to the five civilized tribes in the Indian
Territory for the purpose of creating a
forest reservation, two members of the
Presidents misunderstanding Hitchcock of
the Department of the Interior and Secre-
tary Wilson of the Department of Agri-
culture-today explained 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 it,
and Senators Clarke of Wyoming, Teller,
Long and Brandegee declared that the In
terror Department had suspended a stat
ute of the United States without authority,
and that 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 sus-
pension of the allotmentS.
The order WITHDRAW wing the land from al
lotment was issued early in the present
month. The purpose of the withdrawal was
/
veleped during earlier inquiries by the COM
mittee that the Department of Agriculture
planned to create a forest reserve within
the withdrawn lands, which would contain
have to be purchased from the Indians
under some plan yet to be presented, and
an appropriation by Congress would be re-
CURED. The committee was of opinion that
there was no authority of Congress for the
suspension of the law providing for the
allotment of the lands involved, and it was
then determined to call for explanat ton
from the heads of the two executive de-
partments responsible for the withdrawal
Secretary Hitchcock's Explanation.
Secretary Hitchcock was first called to
the stand today. He said that he had asked
the forest reserve, a division of the Agri-
cultural Department, to report upon re-
quest of Jack Gordon of Paris, Tex, and
associates that they be permitted to buy
200,0 900 acres for game preserve, and that
in making an adverse report on that propo-
sition the forest service had asked for the
withdrawal of the lands for q forest re-
serve. Mr.. Hitchcock said that in grant
Ing the request he had only temporarily
suspended the operation of the law requir
ing that the lands in question be allotted
The tentative suspension he said, was for
the purpose of investigation with view to
determining what was for the best interest
of the Indian.
you have no right to suspend the opera
ton of a statute one hour, not minute"
declared Senator Teller. IF you had the
right to temporarily hold up the applica
ton of law you could suspend Its opera
ton for a month, a year or two years"
In reply to questions from Senator Long
as to the reasons that actuated the Secre-
tary, Mr.. Hitchcock said that the request
of Secretary Wilson had prompted him
He was asked concerning other suspen-
sions of land laws, and said that at times
action of that character had been taken at
the request of the President where 1t had
been necessary to investigate claims OF
frauds.
No Authority to Suspend Law.
mo one has authority to suspend law
of the United States under any circum-
stances unless there Is specific provision
for it." declared Mr.. Teller.
All of the members of the committee
then took part in condemning the action
| of the department in suspending the law,
and finally Senator Teller said Il chal-
| lenge any one to show any statute which
permitted the suspension of the allot-
ments in question.
.If we have violated the law am sorry
| for it." said Secretary Hitchcock, but my
/ only motive was in the interest of the In
| dian and because desired to accommodate