The Birmingham age-herald., 1906-12-04
PenrOss Causes Surprise By Ca|I.
 ing for Full Information
WAR DEPARTMENT GETS
Finds That Members of TW 1885 "Shot Up" Dake and One Soldier
 Lynched

Washington, Deeer
 Surprise If up the
 when MT. Penrose ip opening ceremony resolution of ina ns President, regard the throo con,nanies Inc Twenty fifth in
 When Mir r feso- iution for uhi lediats consideration SC, and after hesita seu' ''rhe usW CT resoiu- tions or IT uh.l altei tha p,oss received.r .orber Ire, .I shall ask ung 'e eie resoia- ton r
 Thi, resolution was as f
 "J =I President is re- gu to the senate IT nt he public interest. ng on the recent
 the military ser ates three companies
 regiment of infantry,
 s, coored.
 Ohio was upon his feet
 )stitute for that in the
 ton, and I ask that 1t be
 both lie over"
 secured the rereadng of
 ,lution. and Mr Warren Of
 sked that both go over. The
 solution was read at his re-
 issed to Secretary of War.
 addressed to the secretary of war.
 z that efhe,~s-eo- 1if=i, ths. sau.-
 des of all official letters telegran1s.
 s and orders filled in the war de-
 nent in connection with the recent narge of troops in question, together h a complete list of the men dls- arged showing the record of each, tine mount of retired pay each was entitled O under sections of the revised statutes. The ruling of the department is asked on this or any similar case regarding the right of the men to such retired pay also the ruling of the department as to the right of such discharged men to re- tire on three-fourths pay, with allow ances subsistence and clothing; thelr rights to enter the national soldiers home; to be buried in a national cemetery ana to receive subsistence and transportation from the place of discahrge to their homes.
 Under the various requests that the matter go over. nothing further was sad after the reading of the resolution The resolutions were referred to the committee on military affairs, and it IS expected that before great While one or the other will be passed and the President will send to the Senate all inc information in his possession with refer ence to the matter
 Foraker Talks on Resolution. MY resolution" said Senator Foraker tonight speaks for itself. l can not dis- cuss it. I will say. however. that l have no purpose of raising the race ques- tion The question involved is broader. It will be unfortunate to have It mar rowed by drawing color line. It concerns white as well as colored soldiers. .Jt is A question of constitutional power on the one hand and constitutional and statutory rights on the other Until we have a complete record l do not know | just what question will arise, but we may | have to consider whether or not a man | can be convicted of felony by order, and | whether. following such a conviction, sen  | inflicted by order. Discharges without | honor may be granted where they arc based on offense against the law l of the land, the commission of which Is denied. and where no punishment follows, but where there Is conviction. sentence. l punishment l have always supposed that | there would also have to be trial Tn d | civil court or before some other trlounai l thereunto duly appointed by the law But ] if Is idle to discuss any of these questions 1 until we know whether they are raised 1 by the record.
 l Washington, December 3.-The war de- partment is preparing for an investigation | by Congress of the case of companies or | the Twenty-hfth infantry, discharged without honor by order of President Roosevelt. and to this end has compiled a. record of negro troops dating back to the civil war.
 | If ia said this record discloses state of affairs not generally known. and that once before at least the Twenty-hfth in- | fantrv "shot up town. The analr happened in 1885 at Fort Sturgis, Dakota. some of the negro soldiers went on a rampage similar 10 that at Brownsville, Teyas and one of their number killed a | citizen. In that case however the citi- zens took the matter into their own hands, forced the troops under pain or death to disclose the name Of the man who did the killing, and then took hlm out and lynched him.
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