The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1906-12-07
ASKS THE
PRESIDENT
Congress Takes Up Dismissal
Of Negro lnfantryman.
M0RGANTALKS ON CANAL
Littledeld Piloiase Bill Defeated In
House Say American Fedora
ton OF Labor Did Il.
MORGANTALKS ON CANAL

WASHl NGTON, Dec. THE sen
ate adopted the Pcnrose resolution re-
quIrlng the president 10 send In infor'
nation regarding the discharge OF the
negro troops OF the Twcnty-hfth lnfnn'
try and also the Foraker resolution d.
rectlng the secretary OF war 90 trans
init all information In the possession
OF his department ON the same sub
ject. Both resolutions carry an ldenti'
cal amendment 10y Mr. Culbcrson ask
ing specifically for the order 10 Major
Penrose, commanding the troops, which
directed him not 60 turn over 10 the
Texas authorities certain OF the troops
demanded.
This action. following n debate OF
two hours, was taken without a roll
call or opposing vote. The debate de
veloped along two distinct lines. one
as TO the proprIcty OF asking the presi'
dent for the information or OF direct
Ing the secretary OF war TO furnish II
and the other an indulgence by few
tcuhlOEh III Npihhthh va Ah' A"Na'f' "
the case.
Mr.. Spooner. who opened the dis.
cussIon, took the ground that In mat
tiers where congress had an absolute
right 10 information In the possession
OF the executive II had always been
customary TO direct cabinet officer 60
furnish II. In matters where II had not
this right and In which there was
some doubt about the ACCESSIBILITY OF
publicity. congress usually made re
quest upon the president II II desired
the information. with the understand
ing that II should he furnished III not
Incompatible with the public interest"
This view was supported also by Mr.
Foraker, while Mr.. Lodge quoted prec
edents TO the contrary.
To lay the foundation for a discus
sion OF this point Mr.. Carter observed
that at had been alleged and not de-
MED" that the troops In question had
committed murder In Texas. This
brought Mr.. Foraker to his feet with
an emphatic disclaimer. This allega-
ton had been denied. he said, and
much evidence adduced TO support the
denial.
WELL" continued Mr.. Carter. at has
been alleged and not denied that there
was disturbance participated In by
the troops"
That. too. has been denied" assert
ed Mr.. Foraker.
"Well," again began Mr.. Carter "it
has been alleged and not denied that
there was disturbance"
Mr.. Tlllman interrupted to say he
had read In the morning papers IAN al
legged report" from the secretary of
war IN which that official had alleg
ed" there was a disturbance and tina,
ten to twenty of the troops had sho:
up the town Of Brownsville, Tex"
Mr. Foraker here produced printed
copy of testimony in the case whicl
he had obtained at the war depart
ment, extracts of which he read t.
show as he said, that II was ''unsatiS
factory, incomplete and OF flmsy
character and that no jury iii.
Christendom" would convict under il.
Mr. Carter finally secured opportuni-
ty to finish the point, which was IN
support of calling on the president for
the information. This was emphasized
by Mr.. Penrose, who said he had in
| PRODUCED his resolutions in the interest
Of large negro constituency in Penn
sylvania and had addressed 1t to the
president because the action had been
by the president, and he regarded it as
matter Of courtesy to ask him for
the information. He also stated that
1t had seemingly been agreed among
senators that both resolutions should
be adopted.
Mr.. Foraker read at length the tes-
tlmony furnished by the war depart
ment. He said 1t appeared that muir
der, misprison Of felony and perjury
had been committed by some one
three crimes, for the punishment of
any one Of which the constitution Sc
cured to every man the right Of trial
before punishment. He did not regard
1t from the standpoint Of race question.
The right Of the president to dismiss
man from the army was also involv-
ed. If he could dismiss a man he
could dismiss company, regiment,
brigade and, in fact, on the same
theory, the whole army. Mr.. Foraker
admitted, at the suggestion of Mr..
Warren, that the president under the
law had the right to increase or de-
crease the army within certain maxi
mum and minimum limits.
During the debate the report was
current among senators that the presi-
dent felt 1t would be a matter of cour-
tesy il the resolution should be adj
dressed to himself
Senator Morgan (Ala) devoted two
hours to the discussion of his resolu-
ton to secure the control Of the Pana-
ma railroad by the isthmian canal
commission. No action was taken.
A term of six years for the president
and the vice president of the United
States was proposed by Senator Gull
lom in joint resolution introduced in
the senate and house providing for an
amendment to the constitution. The
resolution declares also that the presi-
dent and vice president shall not be