The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-12-04
CHAMPIONS OF
NEGRO TROOPS
Two Resolutions introduced in
the Senate on Behalf of
Discharged Soldiers.
STATEMENT OF FORAKER
POWER OF THE PRESIDENT is
QUESTIONED.

Washington, Dec 3-Surprise 1t up
the faces of the senators when Mr..
PenrOse injected into the formal OPEN
ing ceremony of that body today a re-
solution of inquiry addressed to the
president regarding the discharge of
three negro companies OF the Twenty
fifth infantry.
When Mr.. Penrose said he had a re-
solution for which ne should like i1nme-
date consideration, Mr.. Fairbanks
arose and, after hesitating a second, re-
marked:
THE usual rule is not to consider re-
solutions or miscellaneous matter until
after the message of the president is
received"
Then" rejoined Mr.. PenroSe, II
shall ask unanimous consent to have
the resolution read"
This was granted. IT follows:
Resolved, That the president is re-
quested to communicate to the senate.
II not Incompatible with the public iE-
teTestS, full information bearing upon
the recent order dismissing from the
military service of the United States
three companies Of the Twenty-fifth re-
Siment infantry United States troops,
colored-''
Foraker's Substitute.
Mr.. Foraker of Ohio was up on his
feet at once, saying:
Il have a substitute for that IN the
following resolution. and 1 ask that it
be read and that both lie over
Mr.. Spooner secured the re-reading of
the first resolution, and Mr.. Warren OF
Wyoming asked that both go over.
The Foraker resolution was read at
his request. It was addressed to the
secretary of war, directing that official
TO furnish the senate COPIES of all Of
fetal letters, kilograms, reports and or
ders filed with the war department IN
connection with the recent discharge of
the troops in question, together with a
complete list of the men discharged,
showing the record of each, the amount
of retired pay each was entitled to I'M
Ger certain sections of the revised
statutes.
Ruling Asked.
The ruling of me department is asked
on this or any other similar case re-
garding the right of the men to such
retired pay; also the ruling Of the de-
paTtment as TO the right of such dis
charged men to retire on thrce-fourths
pay with allowance, subsistence and
clothing; their rights to enter the ma
tiOnal soldiers homes; to be buried in a
ence and transportation from the place
of discharge to their homes, also the
complete official record of thu Twenty
fifth regiment of infantry from the time
of it's muster in to the date % the dis
charge of the companies mentioned.
Under the various requests that the
matter go over nothing further was
said after the reading of the resoIu-
ton.
Statement of Senator Foraker.
Senator Foraker explained the pur-
poses of his resolution in al interview,
as follows:
The resolution srnalis for itself Il
cannot discuss it. 1 viii say, however
/ have no purpose Of raising the race
question. The question involved is
broader 1t would be unfortunate to
lave it narrowed down by drawing the
color line. Il concerns white rs well as
colored soldiers. Il is a question Of
constitutional power On the one hond
and constitutional and statutory rights
on the other. Until we have complete
record / do not know just what cues
tions will arise, but we NAV have to
consider whether Il man can be con-
victed of felony by order and whether
following such a conviction sentence
may be imposed and punishment in
fiicted by order. Discharges without
honor may be granted whore they are
rot based on an OfIense against the
law of the land, the commission of
which is denied and where no punish
mCnt follows. But where there S con-
Victfon, sentence ana punishment l
have always supposed there would have
Ia be also a trial either in a civil
court or in a court marital or before
some other tribunal thereunto duly ap-
rointed by law. But it is idle to discuss
any OF these questions until we know
whether they ara raised by the rec
ord"