Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-20
FORAKER WAN IS FACTS
Seeks Investigation of Dis
charge of Soldiers.
ANALYZES THE TESTIMONY
Disputes the Assertions of the Presi-
dent. Asss-ea4---s-s
HE DESIRES MORE EVIDENCE
Discussion Of the Affair Of the 25th
Infantry Engages Senate's
Attention.

Immediately after the Senate convened
today Senator Foraker's resolution looking
to an investigation by the Senate of the
Presidents discharge of the three negro
companies Of the 25th Infantry was taken
up and Senator Foraker addressed the Sen
ate in it's support Senator Foraker's criti-
cism of the Presidents methods in the dis
missal of three companies of soldiers ac-
cused of shooting up Brownsville Texas,
caused a profound impression. He hurried
along with what he had to say, merely
touching many points winch he will treat
at greater length when the matter is more
fully before the Senate.
Mr.. Foraker was listened to by large
number of senators. There were more re-
pubicans in their seats than democrats. He
was interrupted but little. Senator Knox
asked a question as to whether the testi-
mony taken by Major Blocksom was to be
understood as all of the testimony in the
hands of the President
Mr.. Foraker declared that the President
had stated that he had sent all the testi-
mony in the case to the Senate, and all the
testimony that had been received was that
taken by Major Blocksom.
Powers of the President.
He began with the broad declaration that
tional power when he discharged the
troops and he also misconceived the tes-
timony on which his action was based"
Mr. Foraker said that the Presidents
constitutional power was simply to COM
mand the army and navy as commander
in-chief, while to Congress the Constitution
gave power to raise armies and to make
rules and regulations for it's government.
The regulations prescribed that no man
could be Summarily discharged without a
right to be tried and the articles of war
he argued, prescribed infinitely how these
trials are to be conducted. That all pun
ishments should be in accordance with the
directions of courts-martial. He contended
after reading at length from the articles
of war it was inconceivable that the Presi-
dent should be absolutely without restraint.
The President, he said. stated in his mes
sage that these soldiers were guilty of
mutiny, and had been discharged for that
reason. He followed this with the article
of war providing that a court-martial
should direct this punishment. This was
all to guard against the exercise of an au-
tocratic power. Congress. to provide
against excessive punishment, had limited
the penalties.
Mr.. Foraker cited cases from the work
of Gen. Davis on military law. where
fusal to give testimony was an offense
under the head Of disorder and was
punishable by court-martial.
Discharge Without Honor.
Senator Lodge asked an explanation of
the 352 discharges from the army with
out honor" during the past year, but Mr..
Foraker contended that these discharges
had not been ordered as a punishment.
The men in these cases had been sepa-
rated from the service in lieu of punish
ment by court-martial, and in cases
where the men would rather take dis
charge without honor than remain in the
service and take punishment. The case
of the negro troops was altogether differ
emit The negroes had desired to stay in
the service.
AS to punishment In these cases, he read
the Presidents remark that he regarded
the discharge as punishment wholly made
quate. Mr.. Foraker agreed that if the men
were guilty of murder the punishment was
wholly inadequate, but If they were inno-
cent the punishment was brutally harsh
'as these men go forth branded as murder
ers and conspirators and perjurers.''
Taking up the individual records of the