Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-12-20
PRESIDENT HAD
NO AUTHORITY
To Dismiss Negro
Troops Without
Trial.
SENATE DISCUSSES ACTION
Members of House Oppose
Holiday Adjournment
Too Much Business.

Washington d. c., Dec. 2O.-Imme.
diately after the Senate convened to-
day Foraker's resolution looking to
the investigation by the Senate of the
Presidents discharge of the three
negro companies of the Twnnty-ffth
Infantry was taken up and Senator
Foraker addressed the Senate in its
support. He began by a broad declar.
alton
THAT the President mis.conceived
his constitutional powers when he dis
charged the troops and he also mis-
conceived the testimony on which his
action was based.
President Only Commander Of Army
and Navy.
Senator Foraker said the Prcsi.
dents constitutional power vas
simply to command the army and navy
as commander in chief. while TO
Congress the constitution gave the
power to raise armies and to make
rules and regulations for their govern
ment The regulations prescribed that
no man could be summarily dis
charged without the right to be tried
and the articles of war, he argued
prescribed minutely how there trials
are to be conducted; that all punish
ments should be in accordance with
the direction of the courts martial.
President Subject to Restraint, Says
Foraker.
He contended, after reading at
length from the articles of war. that
it was inconceivable that the Presi-
dent should be absolutely without re,
strant. The President, he said
stated in his message that these sol.
diers were guilty of mutiny and had
been discharged for that reason He
followed this with the articles of war
providing that court martial should
direct their punishment. This. he said
was to guard against the use of auto
cratic power and that Congress to pro
vide against excessive punishment
had limited the penalties.
Resolution Postponed Until After
Holidays.
When Senator Foraker concluded
his remarks on the negro troops resolu-
tion today he received unanimous con-
sent to modify the resolution so that
1t now directed the Senate committee
on military affairs to investigate the
circumstances leading up to the dis
charge of the negro troops. Senator
Lodge replied briefly to Senator For-
akers speech and Senator Scott also
spoke. The resolution of Senator
Foraker goes over without action I'M
til after the holidays.
Members of House Oppose Ad-
journment.
Washington, d. c., Dec 20.--In the
House yesterday Mr.. Lacey of Iowa in
speech opposing the adjournment of
Congress for the holidays said: 1T is
idiotic for the House to adjourn and
then jam all the legislation through
under whip and spur during the clos
ing days"
The above remarks were called
forth during discussion of resOlu.
tion looking to the increase of the en-
rollment force because of additional
work. The increase in the force was
advocated because it was stated
number of mistakes had been found in
the work. Mr. Lacey said that when
the work piled up as it would after
the holidays there was no wonder that
mistakes were made.
Mr.. Clark of Missouri said the state
ment made by Mr.. Lacey in opposi-
ton to adjourning for the holidays
was the most sensible thing he had
heard in twelve years Another rea-
son urged for not adjourning was the
statement by Mr.. Lacey that as a re-
suit of the rush of bills many graft
items" crept into the appropriation
bills. This was hotly denied by other
members of the House and Mr.. Lacey
promised to make speech on the sub
ject later and produce evidence to
substantiate his claims.
Violated Statute Of United States.
Admitting that they had no author
ity of law for the withdrawal from al
lottment of nearly four million acres
of land belonging to the five civilized
tribes in the Indian Territory for the
purpose of creating forest reserva-
ton, two members of the Presidents
abinet-Secretary Hitchcock of the
department of the interior and Secre-
tary Wilson of the department of ag-
riculture, endeavored yesterday to
Justify their course by stating that
they had the best interests Of the In
dians at heart.
This explanation was made before a
select Senate committee which is in
yestigating affairs in relation to the
property rights of the five tribes, but
the committee declined to accept it
and Senators Clark of Wwoming, Tel
Ter and Brandegee declared that the
interior department had suspended
statute of the United States without
authority and that it was the duty of
Secretary Hitchcock to immediatelr
cancel his order withdrawing the land
from allotment The same Senators
said to Secretary Wilson and Chief
Forester Clifford Pinchot that it was
their duty to request the secretary OF
the interior for a suspension of the
allottments
House Adiourns for Holidays.
The House today passed bill ex-