Show WAS I INOT NOT fLUSTERED Secretary of the I Interior Before Special Committee on In Indian Indian dian Affairs LAW EVIDENTLY VIOLATED LEGAL OFFERED IN b Washington Tan Jan o of time the Interior appeared today b be tore the se special senate committee which investigated citizenship and property rights of the five civilized trIbes Ho declined to state niB nis author authority authority ity for withdrawing of Indian lands from allotment in order to creat the forest res but said that ihs t Assistant Attorney General Campbell had prepared n a report which would woud be made to congress and that this report would justify lila hil course AU All members of th committee dir from Mr lr Hitchcock an he agreed tO sEnd time the report to the corn cor but to answer q questions relative to the of the report beyond declaring that ho hI found legal authority for his lii action in III withdrawing time the lands in the face ci 01 cian an act of congress ordering that the theland theland land b be opened to allotment Not Ready to Respond He explained that lie he was not Dot ready toda today because he had llad not received the 1 r report port M f Secretary ry Wilson TIlson oS as to time the desirabIlity of renting creating the forest re reserve I ISAn serve SAn e until yesterday i What bearing can time the report rt of the secretary or of agriculture have hav 1 legality J alit of your action u asked San Sen at ator r Two separate questions are In I w said Mr Hitchcock but they are nrc so closely Interwoven that congress should have tile the benefit of both rc It was a very startling thing to think that the InterIor department could defy an act of congress and sus suspend suspend pend an affirmative order as was done in withdrawing this land said Sert Sen Senator ator Clark Wyoming of and I should like to have your authority for it Mr Hitchcock replied that h he bo be believed Campbell had found a pr pro to Neither Law Nor Precedent Mr h ii nt b been n to find tummy n much lesi cs any law 1310 lawIt It y ur sh should con vince inCe you that the with wIthdrawal should bo be permanent whAt U n wo would ld you OU take 1 1 Mr tr Ciric That Is n a matter for tor Congress re replIed plIed 1 th tr t r and Anh lidded that it was his to give ghe congress the facts so that its own action could be modified if it wore thought wise But suppose that c not modify its action would you ou with withdraw dra draw your order asked Mr rr Clark ClarkI uI I c say replied the iliA secreto secreta secretary l ry I have not considered that ques thin PendIng action on the report from the secretary of agriculture ho declined to discuss time the subject but would mod if his own order as to the amount of o oland land to be reserved Motives Not Questioned Senator Clark assured Mr lIr Hitchcock that his moth motives es in withdrawing the theland land were not questioned hut but that hi authority b presented at once I think I know time the law on the sub subject now nO but I would like JUte to receive your our opinion sold oid Senator Toiler Mr Clark thought there therA was a chance of getting time the secretary to can canel caneel eel el his order if th the views of the corn com committee were properly presented to him It does docs not appear likel likely replied Mr fr Teller Mr Ir Hitchcock made no comment t Then m Mr 11 Teller aid he thought tile the Only nl wa way to get rr fr to tc change hange his action would be bY act att of congress Secretary Hitchcock un unmoved moved but said I You shall have tIme thC report 0 of Mr to today I The e a adjourned to a await a t tUle time Ule re rc ort rt Senators Fall Fail to See It ItIn 1 In wit with hl hi pr mi e See SeQ rotary Hitchcock forwarded Assistant Attorney General Campbells opinion On the of the Indian lands I Ito to Clarks committee during the afternoon Mr Campbell cites n a number of eases of wat of public lands and he takes the tho position that Ute the fact that the secretary hits hns general jeneral control over the affairs of time the Indians giVes him the same rights to direct time the policy to the pursued with deference to their lands that he exer eer exercises ci cs in reference to domain Members of time the com committee lt rem refuse eto to accept t this o fact that the thc lands londs in question are ac by b the IndIans as a j prop rh places thorn them outside the C cOntrol I of the thc interior de |