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.
INDIAN LAND WITHDRAWAL
WILL GO TO COMMITTEE TODAY

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 It had been announced that the
! Secretary's purpose was to explain what
| he believed to be his statutory authority
for Withdrawing 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 Agricul-
! 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.
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 the legality and the propriety
of his action had been questioned he had
| asked for 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 desirabflity of creating
| the forest reserve until yesterday.
| What bearing can the report of the Sec
lretary of Agriculture have upon the legal
ity of your action?" asked Senator Brande-
gee.
1.-Two separate questions are involved, I
/ 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 an affirmative order, as was
done in withdrawing this land said Sena-
| tor Clark of Wyoming, and 1 should like to
have your authority for it. 1 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 a 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 a matter not for the depart
| ment but for Congress-" replied the Sec
rotary. He added that 1t was his purpose
| to give Congress the facts so that its own
| action could be modified II it were thought
! wise.
But suppose that Congress should not
| modify its action, would you then with
draw your order?' persisted Mr.. Clark.
Il cannot say" replied the Secretary,
II have not considered that question:
| Pressed further for a statement of his
| position. Mr.. Hitchcock said that he had
| received a report from the Secretary of
! Agriculture recommending that the size of
| the proposed reservation he reduced and
| pending action on that report he. did not
| care to discuss the subject with the COM
| mittee in an informal manner. He said
| that when he gave considerat ton TO Secre-
| tary Wilson's report he would modify his
| own order as to the amount of land to be
| withheld from allotment.
The Secretary Taken to Task.
| task for his failure to answer the Ques-
| tons and for his proposal to send to Con-
| gress his report to his legal authority
| for the withdrawal. The senator said this
| information had been asked for by the
committee and not by Congress, and in
| accordance with authority issued by the
| Senate.
| Senator Clark hastened to assure Secre-
| tary Hitchcock that his motives in with
6ray wi
| that his authority should be presented at
| once. He opposed further delay on the
| ground that the report of the special COM
| mittee should be presented at an early date
| to the Senate.
Mr.. Teller's Comment.
II think I know the law on the subject
now. but I should like to receive your
opinion said Senator Teller. Later, when
it was suggested that the Secretary imme-
diately send for the report of Judge Camp
bell so that the Secretary might be ques-
toned concerning it, Mr.. Teller said that
he did not believe any views held by the
committee would change the opinion Of Mr..
| Hitchcock.
Mr.. Clark thought there was a chance of
getting the Secretary to cancel his order
withdrawing the land If the views of the
committee were properly presented to him.
NO, it does not appear likely replied
Mr. Teller. During this conversation Mr..
Hitchcock made no comment. Then Mr..
Teller said he thought the only way to get
| Mr. Hitchcock to change his action would
be by an act of Congress.
Il should not like the committee to feel
impelled to take that course said Chair
man Clark slowly.
Secretary Hitchcock remained unmoved,
but said rather sharply: You shall have
the report of Mr.. Campbell today
After a brief examination of Clifford Pin
chot Grief forester, who denied published
interview in which he was made to say that
legal authority had been found for the
| withdrawal of the land, the committee ad-
joarned to await the receipt of the nforma-
ton promised by Mr.. Hitchcock
Another Alleged Illegal Act.
Senator Carter presented a resolution In
the Senate today, which, he said, he should
discuss at early day and endeavor te
show that the Secretary of the Interior
| acted without authority when no published
an order on December IS asst prohibiting