New-York tribune., 1907-01-10
Mr.. HITCHCOCK HEARD.
Defends Withdraacal of Indian
Lands for Forest Reserue.

Washington, Jan e-Secretary Hitchcock of the
Department OF the Interior, at his own request
appeared to-day before the special Senate commit
tee which has investigated citizenship and property
rights of the Five Civilized Tribes of Indians 7.
had been announced that the Secretary's purpose
was 70 explain what he believed to be his statutory
authority for withdrawing 100000 acres of In
dian lands from allotment in order IN crea+a tba
Forest reservation asked for bv Secr.r,r,, Iy;,son
Of the Department Of Agriculture Nr Mitehcock
declined state his authority to 1be c,,p,ui+tea
but SAID that his legal department had prepared a.
report which would be made to Con.-ess and
that this report would justify the cours, he b.d
taken. All the members of the special committee
differed from Mr. Hitchcock and finally he agreed
20 send the report to the committee TODAY bpt
he declined 10 answer questions relating tn tho
character OF the report bevond declar,ny ,bo. -
had found legal authority for his action in with
drawing the lands in the face of an act OF Congress-
ordering that the lands be opened to allotment
Nhen the committee was called to order AR
Hitchcock again explained that he had not o,o,,, /,
the lands to allotment for the reason that he bo
heFeu II was IN the interest of the Indians 10
"luoraW me lands temporarily and tentatively
he SAID that as the legality and proprjetv ne bis
action had been questioned he had asta5 g. --iS ~
opinion from Assistant Attorney General Cannhau
and this would be ready Tomorrow He axn,ai., ,
that ne was not ready to-day for the reason that
ne had not received the report of Secretarr wa
son as 20 the desira bility of creatin,- .ho 60.
serve until yesterday -e
What bearing can the report OF the Secretary Of
agriculture nave upon the legality of your action
asked Senator Brandeeee '
Two separate questions ore tr,o,,.z , -, .
salo MT Hitchcock. but they are SO coIse,,, inter
woven mat Congress should have the beneat o4
both reports" De'ie41' 'oi
II was very startling thing 70 think tbo. .,o
anterior department or any other department oo,Id
0efy al act OF Congress and suspend an
Is naS zone IN Withdrawing this land" said
have your authority for It. / mink Vo,n he tb 10
opion ppm 1t the other members OF the committee
ba+ ba >ai;o
oelI had found precedent and he would he gIsS
Mr. CLARK answered that he had NOT hoo, .,,. -
nno any precedent much less any law warranfinp
Department. in dealing with public lands fomd eI inc me
ReGedenI Tor dealing with lands held in fee simple
+ta IF your Investigation should convince you that
would you take?" asked Mr CIark' "iat action
for congress repsd nor not or the department. but
Il was his purpose to give Congress the facts SO
cto1 suPRose % that Congress- should not modify its
sceoI' wou1d you then withdraw your order?" per-
not coaadess ssy bs, replied the Secretary II
n, resSeo further for statement of his position
from the Secretary Of AgTicuiture recommending
uced pending action on that po4 S s Pc e
care TO discuss the subject with the committee in
Onsdd Secretary Wilson's 's5 report Thfn he ne S6nd had
b hs own & order as to the amount of land
senator Brandegee took the Secretary 10 task for
PROPOSAL send Congress his report as iIr to his his
aiS tbgs fbngth3r6y for the withdrawal The Senator
GoHlhlttee ana not by Congress and in accordance
fastened assure Secretary Hitcheock that his
i3onea hit IN VIII @wlthdrawng the land Ques
a. tap qnGe & he 9pp9ssd further delay the ground
presented at an early date to the Senate Si0uia 10
think ~, know the law the subject now but
rea seag er when t. was suggested that the
Campbell SO that he might be asked concerning T.
hed By the sac 9af ne Toid did not believe any views
oL MI Hltchcock- Mr.: Clark thought there was a
Withdrawing the land if the views of the committee
we're .r properly t{ sa m presented ] to ,9,.l him
MI Hitchcock made no comment. Then Mr.. Teller
his action Would be bT an act Of go chahse
% should @ not like the committee to feel impelled
Secretary Hitchcock remained unnoved but said
raIneT sInarFly; You shall have the report OF Mr..
After a brief examination of Clifford Pinchot,
chef forester. who denied published interview in
been found for the withdrawal Of The land the co t
formation promised by Mr.. Hitchcock
cock forwarded Assistant Attorney General carGI
to e9or css @ te c1mmfe IN Of & the t3dan ands S
justification of the Secretarys course Mr. Camp
public land and he takes the position that the fact
that the Secretary has general control af-
direct the policy TO be pursued with reference to
pursued with reference to the public domain Stem,
beTs Ot the committee refuse accent this theory
conending that the fact that the lands i'm question
are owned by the Indians as private r1ronerf y
places them outside the control Of the Interior De-
partInent. Ni -
Senator Carter presented resolution TODAY
which be said he would discuss at an early dav
and endeavor to show that the Secretary cf the In
terror acted without authority when he ,ilhiishS1
an order on December IS prohibiting the issuance
o. land patents 10 homestead entrymen under all
laws, regardless Of the conditions.
4 intend % make II plain TO the Senate" said
Mr- Carter. that that order Illegal and nm
warranted and was issued. and is being executed
IN violation 4 law, and that the records of the
land office show that the issuance Of the order is
wholly indefensible" !" -
The resolution expresses the senfirnenf ,ra. ,
duly qualified entryman is. in the absence of CON
test or fraud mistake. legally entitled 10 a mar
ent for the land embraced IN his entry The reso-
luton would also reach cases where patents have
been refused by the Secretary on the ground that
he suspected that the entries made a num-
Der Of persons in the interest of holding cor
poration land RTabbers." 1t would compel the
Land Department TO its suspicious by erfectu-
al prosecution to Issue patent