The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1906-12-21
CONTINUED FROM FIRST PAGE

dents action would be shown to have
been wholly tustihable, and he would
triumph over the conservative Senators
once more. In the course OF his speech
yesterday, however. Senator Foraker in
timated very strongly that ne has testi-
mony which has not yet been presented
and it is limited in some quarters that
this is Of character which Will cause
the case to appear in an entirely different
light Senators on both sides Of the
chamber say frankly that If a wrong has
been done it should be righted. but many
are inclined to think that the Presidents
message and the reports Of the army Off
GERS who conducted the official investiga-
ton cover the case thoroughly. still, Il Is
argued that whether this is true or not
nothing will be lost by directing Con-
gressiOnal investigation. The subject will
give Senators ample food for thought
during the holidays.
Text of the Resolution.
As modified. Senator Foraker's resolu-
ton is as follows:
Resolved, That the Committee on Mill
tary Affairs be and hereby is authorized
TO take such further testimony as may
be necessary to establish the facts con-
nected with the discharge Of members Of
Companies b. c, and D. Twenty-fifth
United States Infantry. and that u be
and hereby Is authorized to send for per-
sons and papers, and administer Oaths,
and report thereon by bill or otherwise. -
Discussing the resolution. Senator For
aker said he never dealt in extravagant
speech He had read the Presidents
message three times. And It is my de-
liberste Judgment, said he, that the
President not only miscOnceived his con-
stitutonal power but misconceived the
testimony in the case
He read from the Constitution defining
the Presidents relation 10 the army as
comrander-in-chief. and cOntsnded that
the power to make rules and regulations
for the army. TO fix its maximum and
minimum, belonged 10 Congress. No sol
der could summarily be discharged from
the service without trial al which he
could confront his accusers, be heard In
his own defense. and be represented by
an attorney.
II had never been intended by the franz
ers of the Constitution that the Presi-
dents authority as commander-in-chiei
should be without limitation. He read the
oath prescribed for enlisted men on en-
tering the service. and declared that the
oath obliged the soldier to obey only such
commands OF his superior officers as they
were lawfully empowered 10 give
Mr.. Foraker then read from the articles
Of war, including those which related "a
mutiny, absence without leave. and re-
A.,
ARRAY. for all Of which the articles pro
vided that the offender should be pun
ished as COurt-martial may direct
He also called attention 10 the fact that
the President had said the colored troops
were guilty Of mutiny. and after reading
numerous articles relating TO specific Of
lenses, he directed especial attention Il
article s.. an omnibus article covering al
ofenses below capital onenses, for al
Of which the punishment vas 10 be pre-
scribed by court-martial
Precedents Not Applicable.
Article 81 had been adopted since the
civil war. and for that reason. Mr.. Fora
ker declared, the cases cited as prece-
dents, when Gen. Grant was said 20 have
discharged a regiment in summary man.
HeT. did not serve.
Mr. Lodge Inquired how Mr. Foraker
explained the discharge without honor
Of 473 soldiers in the past year.
Mr. Foraker replied that discharges
without honor had been acquiesced 81
by Congress because they met Rpecia
cases. He cited as instances soldiers whC
Hr- -s-ss
age. Those were altogether different from
discharges that carried punishment sue,
as those imposed in the Brownsville case
He read from WinthrOp's Military Law
wherein the author explained discharge.
without honor as being probably without
authority under the articles OF war anC
quoted from the Presidents message, de
nying that the discharges were punish.
ment for as punishment the dischare,
without honor would have been made
/ Quate.
Mr.. Foraker declared that II the soldiers
committed murder. as the President as
/ serted they should have been punishe,
/ by death. and II their comrades wer,
/ guilty Of misprision OF felony they should
/ have been punished by Imprisonment II
/ the penitentiary.
/ Pointing to the records Of the yariou.
/ soldiers discharged. one Of whom had re-
| ceived seven different honorable dis
charges in a period of twenty years serv
/ ice. and whose record showed that he hat
/ been mentioned as Of splendid charac
/ ter and a reliable soldier" and in othel
ways commended in the record, Mr. Fora.
I ker said:
with such records as these of life
/ long service to the country, these soldier,
/ suddenly found themselves. last Novem
/ Der. handed piece Of paper branding
them as conspirators TO suppress th,
crime of murder. And II there is n,
ground for this charge, then I agree will
| the President that an 'atrocious crime ha:
! been committed. The President SAYS thi.
/ is one OF the most atrociOus crimes eve
/ committed in the army. If the charge,
are true. then agree with him that II /,
an 'atrOcious crime, and that the erimi
nal ought to be punished. but I contend
/ that the President has misconceived hi.
constitutional power, and he has niscon
/ ceived the weight of the testimony. TIL,
| President says that the allegations ar,
! proved by scores of eyewitnesses. lie
us see whether or not there are scores OF
| eyewitnesses."
Not Scores of EyeSyitnesseS.
He then read from the list, showing tha-
there were but twenty-one witnesses II
ALL and added that the testimony was al
gathered by a self-appointed citizens
committee. BY reading the testimony OF
the witnesses and eliminating all who ties
tilted that they saw nothing, MIR. Foraker
reduced the number 10 eight, and con
| tinued:
THE President says that scores of eye
witnesses testified to the facts. My idea
OF scores is that there must be at Least
forty. In this case there are only eight
Mr. Foraker referred to the fact thai