The Washington herald., 1907-01-17
HAD NO AUTHORITY
Special Committee CriticiseS
Cabinet Members.
WITHDRAWAL UNWARRANTED
Coal and OIL Lands Recommended
tn he Retained for Future Dis
pOsHI, but Surface ore Lands to BE
SOId-Trenty with the Indians
Must he Fully Respected

The select committee Of the Senate.
which has been sharply questioning Sec
retary Hitchcock, Of the Department Of
the Interior. and Secretary Wilson, Of the
Department of Agriculture, as to their
authority for Withdrawing 4000,G90 acres
OF land from allotment in the Indian Ter
ritory for a forest reserve, reported to
the Senate yesterday that the order Of
withdrawal was without authority OF
law"
The report is signed by the FIVE mem
bers Of the committee. Senators Clark. OF
Wyoming, Long, Of Kansas, and Brand
agee, Of Connectcut, Republicans; and
Teller OF Colorado, and Clark, OF Mon
tana, Democrats.
in explanation Of the reasons which inn
PEELED the committee % condemn Secre-
tary Hitchcock's order the report says:
The agreement with the tribes and the
act Of Congress approved July ]. 1892.
authorized and directed the allOtments 10
be made as soon as practicable. and that
law the committee believes cannot be set
aside. impeded. or modified except by
act OF Congress repeating or changing the
original statute
Had M Authority.
THE Secretary Of the Interior advised
your committee that he had made this
order Of withdrawal upon the request Of
the Secretary of Agriculture. VINO con
templated establishing forest reserva-
ton therein. If Congress should author
lie the purchase 10y the government OF
the land from the Indians for that pur-
pose; but we believe that whatever may
have been the purpose or object Of the
Secretary OF the Interior he had no au-
thority 90 make the order OF withdrawal
The agreement with the tribes and the
act Of Congress approved July ]. 1902,
authorized ana directed the allotments 10
be made as soon as practicable. and that
law the committee believes can not be
set aside. impeded. nor modified. except
by au act Of Congress"
The committee asks further time in
which % submit a supplemental report
and the inference is that the committee
VIII deal with Secretary HitChcoks s al
legged ohense more fully in that report
1t was intimated to-day. however. that
impeachment proceedings would hardly
be recommended iuasmuch as NJ Hitch
cocks term viii expire March 4 and the
feeling obtains that his successor VIII
meet the views Of the committee The
committee recommends that the surface
Of the segregated coal and asphalt lands.
amounting 20 +{4,sS3 acres. be sold i'm
mediately at the highest price possible.
hut that the mineral therein be retained
Tor the preseuti 70 be disposed of later bv
Of f.4 fF.r.rr
covered that the value of the lands was
much less than has been reported.
a recommendation is made also for the
immediate removal of the restrictions
upon alienation on an surplus lands ex-
cept the homesteads Of those Of Indian
blood
OIL and Gas Leases.
As the question Of the oil and gas
leases, concerning which there has been
so much complaint against Secretary
Hitchc0ck's rulings. the committee saws.
There was universal complaint as to
the requirement Of the department for Il
deposit OF $500 in bank as "a guarantee
for each lease, and 50 Is the opinion of
your committee that this regulation
should be modified or dispensed with
would make a showing OF ability to carry
out their contracts
There was also general demand that
leases should be transferable without
necessity Of securing consent Of the Sec
retary Of the Interior and this would
seem 10 be a reasonable demand. provided
always that Tn no instance should the
maximum limit Of 4.St0 acres 10 a single
holder be exceeded.
The investigation made by the commit
tee has satisfied it. the report says. that
the general situation In the Indian Ter
Titory, So far as concerns the relation
ship between the government Of the
United States and the several Indian
tribes, and the individual members
thereof is such as 70 demand as speedy
action by Congress as may be consistent
with the magnitude and multitude Of the
interests involved.