Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1906-12-07
PRESIDENT REFUSE?
MAY NOT RESPOND TO DEMAND
FOR RECORD OF NEGRO CASE,
HIS WISHES ARE IGNoRFn
Tropr'ety Of Making Request On
hoos welt Regarding Discharge
OF Negroes Long Discussed.

| wv -oilSo oISCuSSeQ,
washington, D. G., Dec. 1.-THE
senate yesterday adopted the Penrose
resolution requesting the president to
SEND IL information regarding the dis
cnarse OF the negro troops Of the
l"enty'ffth infantry, and also the
FORAKER resolution directing the sec.
rotary of war to transmit all informa-
'ion IN the possession of his depart
ment on the same subject. Both reso.
iutlons carried an Identical amend.
ment by Mr.. Culberson asking spe.
clncally for the order to Major Pen.
rose, commanding the troops, which
directed him not to turn over to the
lexas authorities certain of the
troops demanded.
Lhls action followed a debate of two
hours and was taken without a roll
| call Or opposing vote. The debate
developed along two distinct lines,
| one as to the propriety of asking
the president for the information or
| or directing the secretary of war to
furnish it and the other an indulgence
by a few senators in comment on the
| merits of the case.
During the debate, the report was
current among senators that the presi-
dent felt it would be matter of
courtesy if the resolution should be
addressed to himself. and so strong,
1t is said, was this feeling on his part
that he had intimated that unless this
course was taken there would be no
response.
Mr.. Spooner, who opened the dis.
cussion, took the ground that in mat
ters where congress had an absolute
right to information in the possession
of the executive, it had always been
customary to dir'ct cabinet officer
to furnish it. In matters where it had
not this right and in which there was
some doubt about the advisability Of
publicity, congress usually made a
request upon the president If it de-
sired the information, with the under
standing that it should be furnished
IF not incompatible with the public
interest" This view was supported
also by Mr.. Foraker, while Mr.. Lodge
quoted presidents to the contrary.
To lay the foundation for discus
sion of this point, Mr. Carter OBJ
served that ut had been alleged
and not Denied" that the troops
in question had committed murder in
Texas. This brought Mr.. Foraker to
his feet with an emphatic disclaimer.
This allegation had been denied, he
said, and much evidence adduced to
SUPPORT the denial.
WELL" continued Mr.. Carter, 'it
has been S aAllegea aqadt not dtsandIel that
in by troops"
"That, 20, has been Denied" assert
ed Mr.. Foraker. ..
"Well,' again began Mr.. Carter, ut
has been alleged and not denied that
there was a disturbance"
Mr.. Tillman interrupted to say he
had read in the morning papers IAN
alleged report" from the secretary OF
war in which that official chad al
legged" there was a disturbance and
that ten or twenty troops "had shot
up the town of Brownsville, Texas
Mr.. Foraker here produced a print
ed copy of the testimony in the case
which he had obtained at the war de-
partment, extracts Of which he read
to show, as he said, that it was "un-
satisfactory, incomplete and of fliIl-
sy character and not any jury in
Christendom would convict under it,
Mr.. Culberson took the opposite
view of the testimony but both agreed
that with the unsatisfactory infor.
nation at hand it was useless to dis
cuss the case.
Mr.. Carter finally secured opportun.
ity to finish his point which was in
support of calling on the president
for the information. This was en-
phasized by Mr.. Penrose, who said he
had introduced his resolutions in the
interest of large negro constituency
in Pennsylvania and had addressed
it to the president because the action
had been by the president and he re-
garded it as a matter Of courtesy to
ask him for the information. He also
stated that it had seemingly Deeh
agreed among senators that both reso-
lutions should he adopted.
Mr., Foraker read at length the tes-
timony furnished by the war depart
ment He said it appeared that MUIR
der, misprisn of felony and felony had
been committed by some one-three
crimes, for the punishment of any one
of which the constitution secured 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
a man from the army was also IN
volved. If he could dismiss man ne
could dismiss a company, regiment
a 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
Low, bod +he right to increase or de-