STRETCHING THE CONSTITUTION 



WHEN the Supreme Court of the United States de- 

 cided the now famous Standard Oil and Tobacco 

 Trust cases under the Sherman Act, much was said 

 about the Court having practically made new law by inserting, 

 so its critics claimed, the word "reasonable" in a statute 

 which did not contain that word. The more hostile critics 

 said that the Supreme Court, instead of interpreting law, was 

 in reality creating a new and a different one. But this was 

 said of the most august tribunal in the United States, if not 

 in the world, in regard to its decision concerning a statute 

 made by its co-ordinate branch of the government, and con- 

 cerning which it was vested with the power of review in cer- 

 tain respects. Yet the Supreme Court never went so far as 

 to interpolate or overrule the Constitution of the United 

 States, even though it be the highest tribunal in the land. 

 That exploit was left for a subordinate government official — 

 one who was charged with no duty whatever in regard to law 

 and procedure, — one Robert G. Valentine, Commissioner of 

 Indian Affairs. If criticism could attack the acts of the Su- 

 preme Court whilst doing its duty in the interpretation of a 

 statute, how much and how bitter ought to be the criticism 

 of Mr. Valentine and those like him, who go out of their 

 way to meddle in matters for which they have no warrant 

 at all? 



On the 27th of January, 1912, Robert G. Valentine, the 

 Commissioner of Indian Affairs, propria motu, ex-officio, ex- 

 cathedra and ex-perversitate, without any inquiry, any notice 

 or any reason demanding it and even without any consulta- 

 tion with his departmental superiors, issued the following 

 order: 



To Superintendents in charge of Indian schools: 



In accordance with that essential principle in our National 

 life — the separation of Church and State — as applied by me to 



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