Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-12-21
FORAKER DEFENDS
NEGRO SOLDIERS
Senator Says President Exceed
ed His Constitutional Power
In Dlscharging Them.
THINKS HE WAS IMPOSED ON.
senator Lodge Came to Executives De-
Tense, Says He Docs Not Make up
Mind In Advance.

Washington, Dec. 20.--lmmodiately
after the senate convened today sena-
tor Foraker's resolution looking TO an
| investigation by the senate Of the pres
dents discharge OF the three negro
companies Of the Twenty fifth infantry
was taken up, and Senator Foraker adj
| dressed the senate In its support. He
began with the broad declaration that
| the president miseonceived his con-
| stitutional powers when he discharged
| the troops, and he also misconceived
| the testimony on which his action was
| based"
MIR. Foraker said that the presidents
| constitutional power was simply to
| command the army and navy as ce,n-
mander-in -chief, while to Congress the
| Constitution gave power TO raise ar
| mics and to make rules and regulations
| for their government.
| The regulations prescribed that no
| man could be summarily discharged
| without right TO be tried, and the
| articles OF war; he argued, prescribed
| mlnutely how these trials are to be
| conducted. that all punishments should
| be In accordance with the directions
| OF courts-martial. He contended, after
reading at length from the articles OF
| war, that II was inconcelYable that the
| president should bo absolutely without
| restraint.
The president, he said, stated In his
| message that these soldiers were guilty
| OF mutiny and had been discharged for
| that reason. He followed this with the
| article of war providing that court
| martial should direct this punishment
This was all to guard against the ex-
| ercise OF an autocratic power. Congress,
| to guard against excessive punishment
| had limited the penalties.
Mr.. Foraker cited cases from the
| work of Gen. Davis on military law,
| where refusal TO give testimony was
| an offense under the head OF disorder
| and was punishmable by court-martiai
Taking up the individual records Of
| the soldiers, Mr.. Foraker said the first
| man on the list was sergeant who
| had served 2G years. Each time his
| enlistment had expired his record was
good and was characterized as Eek
| cellent," good soldier" character ex-
| cellent."
why, Mr.. President" declared Mr..
| Foraker, with great vehemence, IAN
atrocious crime has been committed n
| that man Is not guilty. He goes forth
DEdlutu us n InufutTtT.
Mr.. Foraker held that the case does
not present an open question, but that
| the authorities gave instances Of cases
along similar lines, in all of which JUS
| time had been administered after court
| martial.
Congress has always been careful"
| he continued, ito provide that no man
| found guilty OF an offense should be
| punished otherwise than as Congress
| might direct.
| "The president says this is the most
| atrocious crime ever committed. II
| these psn committed the crime and dt
shoot UP Brownsville, agree with him.
| But what ] want to call attention to Is
| that the president has misconstrued. by
| his executive power, the evidence. The
| president says the guilt OF these men
| has been established by the testimony
| OF scores OF witnesses. as shown by
| the report of Mai. Blocksom j have
| counted tho witnesses I'm that report,
| and there are Just q. Their testimony
| was taken by self constituted citt-
zer/ committee, and no oaths were ad-
minIstered,
Mr.. Foraker then read extracts from
| the testimony, eliminating as "eye-Wit-
nesses' those who said they had not
seen the shooters, until he had reduced
the number of actual eye-witnesses to
eight. As to these, he remarked that
their testimony was utterly unsatis-
factory and insufficient"
Replying to question from Senator
Knox as to whether there was no evil
dence except that furnished in the
Bocksom report, Mr., Foraker said he
had been unable TO discover any other,
and In this he believed the president
had been misled
Should the military committee be
given authority to examine witnesses"
Mr.. Foraker continued. II know that
can get some testimony that will
throw additional light on this matter"
Mr.. Foraker repeated that he believed
the president had been imposed upon.
But" he added, II believe that he is
big enough man and just enough man
to undo what he has done when he finds
out the true situation"
When he concluded he gave notice
that he should modify his resolution re-
gardng an Investigation so as to make
It mandatory on the military committee
This resolution will be called UP after
the holidays.
Coming TO n defense of the president,
Senator Lodge remarked that he was