The Montgomery advertiser., 1907-01-10
AFTER SECRETARY
HITCHCOCK ON RACK BEFORE sEN-
 ATE COMMITTEE.
Endeavors To Explain His Action In Withdrawing Indian Lands, But Meets With Small Favor From
 Senators.

l Washington, Jan. g. 9..-Secretary Hitchcock. of the Department of the
 Interior. at his own request apepared ! today before the special Senate Com
 mittee which had investigated the citi-
 zenship and property rights of the five | civilized tribes of Indians. I It had been announced that the Sec | retarys purpose was to explain what he believed to be his statutory author | ity for withdrawing four million acres | of Indian lands from allotment in orr der to create the forest reservation asked for by Secretary Wilson Of the 1 Department of Agriculture. MT. Hitch- | cock declined to state his authority | to the committee but said that his le- ! gal department had prepared a report which would be made to Congress, and l that his report would justify the course | he had taken.
 | All the members of the special com mittee differed from MT. Hitchcock. and finally he agreed to send the report to the committee today, but he declined to l answer questions relating to the char acter of the report beyond declaring that he had found legal authority for his action in withdrawing the lands in the fact of an act of Congress or dering that the lands be opened to al- lotment.
 When the committee was called to order, Mir. Hitchcock again explained that he had not opened the land to al- Iotment for the reason that he believed if was in the interest of the Indians themselves to temporarily withdraw the lands. He said that as the ie- gality and the propriety of his act ion had been questioned. he had asked for an opinion from Assistant Attor-
 l.I1 would be ready tomorrow. He explain ed 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 re- serve until yesterday.
 What bearing can the report of the legality of your action?" asked sena-
 tor Brandegee. f.. TWO separate questions are in- volved, I know" said MT. Hitchcock. but they are so closely interwoyen that Congress should have the beneflt of both reports.
 Tt was a very startling thing to think that the interior department or any department could defy an act of Congress and suspend an affirmative or der as was done In withdrawing this land" said Senator Clark, of Wyoming, "and l should like to have your au- thority, for it.
 Mir Hitchcock replied that he be- Iieved MT. Campbell had found pre- ceednt and he would be glad 10 seno
 his report to Congress.
 MT. Clark answered that he had not been able to find any precedent, much
 less any law, warranting the with drawal.
 If your investigation should con- vince you that the withdrawal should be permanent what action would you take?" asked Mir. Clark.
 That is a matter not for the de- partment, but for Congress" replied the secretary.
 But suppose that Congress should not modify its action, would you ther: withdraw your order?" persisted MT Clark.
 "I cannot say" replied the secretary. q have not considered that question.
 Pressed for further, statement of his position, Mir. Hitchcock said that he had received a report from the sec-' retary of agriculture recommending that/the size of the proposed reserva- tion be reduced and pending action on that report he did not care to discuss the subject with the committee in an informal manner,
 Senator Brandegee took the secretary to task for his failure to answer the questions and for his proposal to send to Congress his report as to his legal
  Senator said this information had been asked for by the committee and not by Congress and in accordance with authority issued by the Senate. Sem ator Clark hastened to assure Secre- tary Hitchcock that his motives in withdrawing the land were not ques- tioned, but that his authority should be presented at once. He opposed fur ther delay on the ground that the re- port of the special committee should be presented at an early date, to the Sem ate.
 Senator Teller said he thought the only way to get Mir. Hitchcock to change his action would be by an act of Congress.
 T should not like the committee to feel impelled to take that course" said Chairman Clark slowly Secretary Hitchcock remained unmoved, but said rather sharply.
 You shall have the report of Mir. Campbell today"
 After brief examination of Clifford Pinchot, Chief Forester, who denied A published interview, the committee ad- journed to await the receipt of tbe in = formation promised by MT Hitchcock. In compliance with his promise. Sec retary Hitchcock forwarded Assistant Attorney General CampbelPs opinion on the withdrawal of the Indian lands to
 senator Clark's committee during the afternoon. In Justification of the sec
 retary's course, MT. Campbell cites a
 large number of cases of withdrawal or public lands and he takes the posi- tlon that the fact that the secretary has general control over the affairs of the Indians gives him the same right to direct the policy to be pursued with
 reference to their lands that he exer-
 cises in directing the policy to be pur- reference fhA main. Members of the committee refuse +o
 accept this theory, contending thai the
 fact that the lands in question are
 owned by the Indians as private pron-
 erty places them outside the control of
 the Interior Department. VI | AIaho,,o D.,