Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-24
AFTER THE
HOLIDAY RECESS
Case of Dismissed NEGRO SOL
diers to Come Up in Congress.
THE FORAKER RESOLUTION
For Further Investigation to Be
Pushed.
THE PRESIDENTS POSITION
He Reiterates His Statement That
Congress Has No Authority to
Restore the Men.
PRESIDENTS POSITION

Inc case or the dismissed negro soldiers
OF the 10Th Infantry is expected to take up
a good deal of the time of Congress upon
its reassembllng after the holiday recess.
Senator Foraker will push his resolution
for further investigation and President
Roosevelt will be ready with such addi-
itional testimony as Assistant ATTORNEY
General Purdy gather on his present
"Trip to brownsville. 1t is thought that the
oispatching of Mr.. Purdy to the scene of
,ie iate trouble is evidence that the adj
fiihistration feels that its position needs
Strengthening.
1ne Presidents reported disposition to
resist Congress, If an attempt is made to
relnstate the dismissed troops. will also
attract attention, If he makes 1t plain to
Congressman that such Is h,s a,,i,uao
However, in the present form of the con-
troNersy, 1t is entirely 4 straw-mau pro-
ceedlng to discuss the proposition, as tho
PRESIDENTS position has not been officially
stated ana Congress has not evinced anv
inclination to take action
Some Differences in the Past
She President is reported to hold IN ,h>
opinion that Congress cannot renstate the
troops, and that the power of appoint-
ment Is purely executive. OF course dis
cussioh OF that point would depend al.
toeether upon the form proposed by Con-
sress in any action designed to rehobili.
tate the discharged soldiers. Congress has
frequently passed laws designed to sorrect
ailegedinjustice of military courts and mill
ltary authorities, but each had it's own ne
culiar merit.
President Arthur vetoed the act of Con.
gress restoring Fitz John Porter and plac-
Ing him on the retired list claiming that
Congress invaded the executive functfon I'm
creating an Office and naming the an
pointee. President Cleveland approved
Two years later, the very same act or
rather an act worded the same.
President Harrison vetoed the act chang
ing the name Of the record and pension
division and appointing Gen. Ainsworth
TO the head OF it. the President taking the
ground assumed by President Arthur, tlat
Congress could not designate an apI,ointee
In 1898 Congress passed an act removing
the disabilities of men who were disbarred
from enlistment in the United States army
and eX-confederate soldiers entered tho
army under its provisions. 1t may bc held
;tat Congress will have the right - re-
move the sentence of the President Iroh'b-
ltiIO tne re enlistment of the negroes and
their disbarm ,nt from holding civil office.
L. would then be for the President to de-
eide whether he would veto it, and wae.n-
er Congress would pass it over the v-to.
The Presidents Position.
one of his visitors today his declaration
that he will veto any measure that may be
passed by Congress looking to the restora-
ton of the three companies of the 18th
Infantry to the army. and his program in
the event that the measure should be passed
over his veto.
There is no ground so far as can be as
certained from Congressional visitors to
the White House, for the SupDosition that
Congress would pass any bill of restora-
ton against the wishes of the President.
The Presidents declaration to what no
would do If pushed to the extremity is be-
lieved to be an expression of opinion going
10 indicate how firmly convinced he is that
he is right in his action to the three COM
panieS
Judging from the sentiment gathered
from many Congressional visitors to the
White House the majority are in sympathy
with what the President did as to the coli
ored troops and have no intention of yot-
ing for u bill that would restore these
troops to their former place.
The President expects to be fully prepared
for any fight that may be inauguratcd IN
the Senate either in favor of the troops or
against him. Some of his friends in that
body do not believe that anything more
than an investigation by a Senate commit
tee will ever come of the whole thing, and
saw that when this is done the subject VIII
die out.