Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-19
TAFT HAS SAY ON
negro DISCHARGES
Secretary of War Supplements
Presidents Answer to the
Senate Query
The LAW AND THE EVIDENCE
Says Some of the Suggestions Offered
as Testimony Are Grotesque and
Absurd - Maintains President Has
Power to Discharge Every Member
of Any Organization.

washington, Dec. lJ.-ln reporting 10
the president on the several senate res
olutions of inquiry in regard to the dis
charge of negro soldiers of the Twen-
ty-fifth infantry, Secretary Taft en-
ters into an exhaustive discussion of
port was submitted to the senate with
the presidents message on the sub
ject.
Secretary Taft quotes authority for
the presidents action, and with regard
to the new evidence presented says he
has examined it with care and that he
does not find anything contained in it
which should lead to a different con-
clusion of facts from that already stat
ed in his annual report. THE affidav-
it's" says he, contain in substance the
same denials OF completely or knowl-
edge by the enlisted that were
made to the inspecting officers, to-
gether with evidence to show there
w eto OPPOiNu AOI RSISOllS IlOl III lHe
battalion to disguise themselves in cast
off uniforms of enlisted men and to Sc
cure empty cartridge shells and throw
them in the streets of the town." The
suggestion, he declares, is SO grotesque
in its improbability and absurdity as
to hardly call for discussion or COM
ment.
In answer to the contention which the
secretary says has been put forth that
the president had no power to make
and order the discharge because, if he
has, he may disband the army, it is
argued there is a clear distinction be-
tween disbanding company, battalion
or regiment and the discharge of GER
tain of it's members. In the case of the
men of the Twentyfifth infantry, the
secretary says, the order named the
persons who were discharged, and did
not embrace all members of the three
companies; that Immediately upon the
discharge of the men an order was is
sued filling up the three companies by
the transfer from other companies or
regiments. 80 the entity and service
of the companies are continued in the
army"
Taft instances case where some
men of the Fourth cavalry, Reused to
passion and violence by the killing Of
one of their number, lynched the per-
son charged with the crime" In that
case, he says, the judge advocate
maintained there was no evidence to fix
responsibility for the act and that the
secretary of war, strictly speaking, had
no authority to disband the companies
involved as such. He held further that
"he may indeed discharge all the men
of such companies and enGisting others
in their stead, but this would be treat
ing THE innocent and guilty alike and
the discharge would be. in law, hon
orable' and in the case of the guilty
would be premium upon crime 1t
is stated not since the decision referred
to the practice has been put in force
by the regulation of issuing discharges
without honor, in which there can be
no re-enlistment without executive
permission. In concluding, however;
Taft declares that there is nothing in
this precedent which, in the slightest
degree, affects the legality of the pres
ent order, for the principle upon which
the decision rests recognizes fully the
complete power of the president to dis
charge every member of any organiZa-
tiop