The Washington herald., 1907-01-10
HITCHCOCK DEFIANT
Refuses to Undo Order With
drawing Public Lands.
INDIAN CASES ARE THE ISSUE
Talk of Impeachment in View of
Alleged UsurpatiOn of Executive
Resolution in Senate on What He
Terms Unlawful Act of Secretary.


Secretary Hitchcock refused yesterday
for the second time to comply with the
suggestion of members OF a select COM
mittee of five Senators TO rescind IN order
he had made, Withdrawing from entry
for forest reserve purposes 2,225,900 acres
of land in Indian Territory. The select
committee is composed OF Senators Clark.
OF Wyoming; Long. of Kansas, and
Brandegee. of Connecticut CRepublicans),
and Teller of Colorado, and Clark. of
Montana CDemocratsl.
The Secretary, accompanied by James
Wilson. Secretary of Agriculture, and
Clifford PiuchOt Chief Forester, were be-
fore the committee prior to the holiday
recess. and were told then that in the
judgment Of the committee the withdrawal
amounted To a suspension by Executive
order of d Federal statute. Secretary
Hitchcock replied that in making the
order he had followed the recommenda-
tion of the Secretary Of Agriculture and
the Chief Forester and acted, as he be-
Hcved for the best interests of the In
dians- II was suggested that he should
rescind the order without delay.
The matter remained in allegiance until
yesterday, when ii was expected by the
committee that Secretary Hitchcock
would explain the legal authority for his
action. But when he appeared he told
the committee that be would transmit to
Congress in the afternoon a letter from
f. l.. Campbell. Assistant Attorney Gen
erdl for the Interior Department, which
ne believed sustained the legality of his
action
He VIII stand Pat.
The Secretary intimated that he believed
he was right in the action he had taken.
and would stand pat leaving Congress TO
modify the order if il saw tit to 40 so.
There were some sharp passages be-
tween the Secretary and members of the
committee, and when the stories of what
had occurred reached the Senate from the
committee room the feeling against the
Secretary held by some of the Western
Senators was intensified, and rumors of
impeachment were started. Later in the
afternoon Senator Clark, of Wyoming
chairman OF the select committee. re-
ceived the information which Secretary
Hitchcock had promised 10 transmit 10
him, and it viii be considered behind
closed doors at a meeting of the commit
Tee TO be held this morning. Chairman
Clark denied that Impeachment proceed /
iugs had been considered
There has been bitter feeling for some
time between Secretary Hitchcock and
Senators from the public-land States.
particularly Senator Clark and his col
league, Senator Warren, Of Wyoming,
against whose alleged connection with
land cases the Secretary has been direct
ing au Investigation.
Taken Into senate.
The feeling of hostility which has grown
out of Secretary Hjtchcock's administra-
tion of his office was reflected on the
floor OF the Senate yesterday. when Sena-
tor Carter submitted a resolution and
announced that he would later make some
remarks on what he characterized as
the unWarranted and unlawful action"
of the Secretary in refusing. by an order
of December Is. TO issue patents TO home
stead entrymen whose claims had been
perfected and were uncoutested.
II was explained that if Secretary
Hitchcock adhered 90 the order he had
made Withdrawing the lands ia the In
dian Territory. and the committee de-
course TO be pursued by the select com
mittee would be 10 report the facts TO the I
Senate. and the case would then be re-
ferred to the Committee on Indian Affairs |
20 report action.
Secretary Hitchcock's position before /
the committee aroused the members. [
With unusual show of feeling Chairman /
Clark said.
Mr.. Secretary, I regret to contemplate I.
situation where Congress would be I
compelled to meet the question of an ex- /
ecutive officer OF the government Unlaw- /
fully suspeudiuE the operation of law" /
The Secrctary's only reply was that he I
would furnish Congress with the opin- /
ion of the Assistant Attorney General /
for the Interior Department, which sus-
tanned his action
But suppose. AIr. Secretary. the com I
mittee is not willing to accept the opin- /
ion OF the Assistant Attorney General as 4
conclusive in the natter suggested Mr. /
Clark
Action by Congress Suggested.
Secretary Hitchcock still declined TO .
answer. 1t was then that Senator Clark /
suggested that Congress might have to 4
deal with case OF alleged executive /
Usurpatio9.
A1t-iclt'l t'iltl 7FliU tIldL tlf 1ii not bt- /
lieVe Secretary Hitchcock would change .
his order even if the select committee .
pointed out that it was Illegal and lie /
added that the matter should be dealt /
with by act OF Congress.
I should not Ike the committee 70 feel 4
impelled To take that course, said Chair /
man Clark.
Mr. Hitchcock said he had delayed send F..
ing in a report of the matter until he .
got report from the Secretary of Agri-
culture
What bearing can the report Of the .
Secretary of Agriculture have upon the
legality of your action2' inquired Sena-
tor Brandegee.
Two separate questions. I know. are
involved. replied the Secretary, but
they are closely interviewer. and I /
thought I would give Congress the bene-
fit of both reports
Open Mainly for Swcethearts.
Legislation viii be enacted to close
ali pOst-offlces in the United States on
if it is within the power of
Senator Burkett. Of Nebraska, to ac-