Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-09
THINKS He WAS RIGHT
Secretary Hitchcock Claims His
Action Was Justified.
INDIAN LAND WITHDRAWAL
Legal Opinion on the Subject Has
Been Prepared.
WILL GO TO COMMITTEE TODAY
Alleged Precedent for the Course of
the Head of the Interior
Department.

Secretary Hitchcock of the Department Of
the Interior, at his own request, appeared
today before the special Senate committee
which has Investigated citizenship and prop
erty rights of the five civilized tribes of In
dams 1t had been announced that the
Secretarys purpose was to explain what
he believed to be his statutory authority
for withdra wing four million acres of In
dian lands from allotment in order to create
the forest reservation asked for by Secre-
tary Wilson of the Department of Agricu
ture. Mr.. Hitchcock declined to state his
authority to the committee, but said that
his legal department had prepared a report
which would be made to Congress and that
this report would justify the course he had
taken.
All of the members Of the special COM
mittee differed from Mr.. Hitchcock and
finally he agreed to send the report to the
committee today, but he declined to an
swer questions relating to the character Of
the report beyond declaring that he had
found legal authority for his action in
withdrawing the lands in the face of an act
of Congress ordering that the lands be
opened to allotment.
Mr. Hitchcock's Reasons.
When the committee was called to order
Mr.. Hitchcock again explained that he had
not opened the lands to allotment for the
reason that he believed it was in the inter-
est of the Indians themselves to temporarily
and tentatively withdraw the lands. He
said that as the legality and the proprety
of his action had been questioned he had
asked for an opinion from Assistant Attor-
ney General Campbell, and that this would
be ready tomorrow. He explained that he
was not ready today for the reason that he
had not received the report of Secretary
Wilson as to the desirability of creating
the forest reserve until yesterday.
What bearing can the report of the Sec
rotary of Agriculture have upon the legal
ity of your action?" asked Senator Brande-
gee.
1.-TWO separate questions are involved. l
know" said Mr. Hitchcock. but they are
so closely interviewer that Congress should
have the benefit of both reports
ut was very startling thing to think
that the Interior Department or any other
department could defy an act of Congress
and suspend affirmative order, was
done in Withdrawing this land" said Sena-
tor Clark of Wyoming, land should like to
have your authority for it, l think voice
the opinion of the other members of the
committee.
Judge Campbell's Opinion.
Mr. Hitchcock replied that he believed
Mr. Campbell had found precedent, and
he would be glad to send his report to Con-
gress.
Mr. Clark answered that he had not been
able to find any precedent. much less any
law warranting the withdrawal He de-
clared that the action of the department
in dealing with public lands formed no
precedent for dealing with lands held in
fee simple by Indians.
IF your investigation should convince
you that the withdrawal should be perma
nent what action would you take?" asked
Mr.. Clark
THAT is matter not for the depart
ment but for Congress-" replied the Sec
rotary He added that it was his purpose
to give Congress the facts so that its own