The Montgomery advertiser., 1906-12-07
ADOPT THE
 RESOLUTIONS President to Explain to
 Senate. DEBATE LASTED TWO HOURS Forakcr Denies That Troops Participated in Outrage. TIinan Calls Ohio senator I'd Task by saying Report of Secretary Taft Makes That Statement
 UnequivocalIy.
DEBATE LASTED TWO HOURS

Washington, Dec.6.-The Senate to- day adopted the Penrose "csolution re- questing the president to send 1t in- formation regarding the discharge or the negro troops of the 18th infantry and also the Foraker resolution direct ing the Secretary or War to transmit all information in the possession oL his department on the same subject.
 Both resolutions carried al identical amendment by MT. Culberson asking specifically for the order to Major Pen- rose commanding the troops ,7hich di- rected him not to turn over to the Texas authorities certain of the troops demanded,
 This action followed debate of two hours and was taken without roll call or opposing vote. The debate de- veloped along two distinct lines; one as to the propriety of asking the pres ident for the information Sr of direct ing the Secretary of War to furnish 1t. and the other an indulgence by few Senators in comment on the merits of the case.
 Mr Spooner, who opened the discus sion, took the ground that in matters where Congress had an absolute right to information in the possession of the executive, it had always been custo- mary to direct a cabinet officer to fur nish it.
 In matters where 1t had not this right and In which there were some doubt about the advisability of pub Lefty, Congress usually made request upon the Presidenrif If it desired the information with the understanding that it should be furnished If not in- compatible with the public interest Iris view was supported also by MT. Foraker, while MT. Lodge lIoted pre- cedents to the contrary.
 Troops Committed Murder
 To lay the foundation for a discus sion of this point, Mir. Carter c1served that "it had been alleged aud not de- nied" that the troops in question had committed murder in Texas. This brought Mir. Foraker to his ceet with an emphatic disclaimer. This allega ton had been denied, he said, and much evidence adduced to ldpport the denial.
 -well,% continued Mir. Carter. 1t has been alleged and not denied that there was a disturbance participated in by troops"
 "That. too. has been denied" assert ed MT. Foraker.
 well" again began Mir. Carter, 'it has been alleged and not denied that there was a disturbance"
 MT. Tillman interrupted to say he had read in the morning papers 'an alleged report" from the Secretary of War in which that official alleged that this was disturbance and ten or twenty of the troops had shot up' the town of Brownsville, Texas.
 Mir. Foraker here presented printed copy of testimony in the case which he had obtained at the War Depart ment extracts of which he secured to show, he said, that it was unsatJsfac- tory, incomplete and of a fiimsy char acter. and that no jury in Christendom would convict under it.
 MT. Culberson took the opposite view of the testimony, but both agreed that with the unsatisfactory information at hand 1t was useless to discuss the case.
 PenrOse Obeys Negroes.
 Mir. Carter finally secured opportun- ity to- finish his point, which was in support of calling on the President for information. This was emphasized by Mir. Penrose, who said he had intro duced his resolutions in the interest of d large negro constituency in Pennsyl- vana, and had addressed 1t to the President because the action had been by the President, and he regarded Il as a matter of courtesy to ask him for the information. He also stated that il had seemingly been agreed among Sen- ators that both resolutions should be adotped. -
 Mr. Foraker read at length the tes- tImony furnished by the War Depart ment. He said it appeared that mur- der misprison of felony and perjury had heen committed by some one three crimes for the punishment of any of which the Constitution secured to every man the right of trial before punishment. He did not regard it from the standpoint of race question.
 The right of the President. to dis miss a man from the army was also involved
 If he could dismiss any man he could dismiss a company, a regiment or a brigade. and. in fact. on the same the ory. the whole army.
 Mir Foraker admitted. at the sug- gestion of MT. Warren, that the Pres ident under the law had the right tC increase or decrease the army within certain maximum and minimum limits
 During the debate the report wal current among Senators that the Pres ident felt it would be a matter ol courtesy if the resolution should b' addressed to himself and so strong, fl was said. was the feeling on his par that he had intimated that unless thi! course was taken there would be nc response.