The Birmingham age-herald., 1906-12-07
Resolution Calls for Information
 on Negro Dismissal
FORAKER HOT UNDER COLLAR
Denies That 1t Has Been Proved That Negro Troops Were at the Bot tom of the Brownsville
 Trouble.

Washington December 6.-The Senate today adopted the Penrose resolution re- question the President to send it infornla- ton regarding the discharge of the negro troops of the Twenty-ffth infantry. and also the Foraker resolution directing the secretary of war to transmit all informa- ton in the possession of his department on the same subject.
 Both resolutions carried an identical amendment by MT. Culberson, asking specifically for the order to Major Pen rose, commanding the troops, which d rected him not to turn over to the Texas authorities certain of the troops de- manded
 This action followed 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 of directing the secre- tary of war to furnish it, and the other an indulgence by few senators in com ment on the merits of the case. Mr. Spooner, who opened the discussion, took the ground that in matters where Con- gress had an absolute right to informa- tion in the possession of the executive, 1t had always been customary to direct cabinet officer to furnish it. In matters where it had not this right and in which there were some doubt about the adyisa- bilty of publicity, Congress usually mace a request upon the President if it desired the information, with the understanding that it should be furnished eff not in compatible with the public interest,"
 This view was supported also by Mir Foraker, while MT. Lodge quoted prece- dents to the contrary.
 Carter Starts Discussion.
 To lay the foundation for a discussion of this point. MT. Carter observed that .ft ha5 heen alleged and not denied" that the troops in question had committed mur- der in Texas. This brought MT. 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 MT. Carter, 'it has been alleged and not denied that there was disturbance participated in oy troops"
 That, too, has been denied" asserted MT. Foraker.
 Well" again began MT. Carter. Tt has been alleged and not denied that there was a disturbance"
 MT. Tillman interrupted to say he had read in the morning papers ian 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 Browns vile, Tex" MT. Foraker here produced
 ft, tl. which he had obtained at the war de- partment, extracts of which he secured 10 show as he said, that it was "unsat- isfactory, incomplete and of a fiimsy character and that no jury in Christen- dom would convict under it. MT. Gull person took the opposite view Of the tes- timony but both agreed that with the unsatisfactory information at hand 1t was useless to discuss the case.
 Emphasized By Penrose.
 MT. Carter finally secured opportunity to finish his point, which was in sup port of calling on the President for the information This was emphasized by MT. Penrose, who said he had introduced his resolutions in the interest of a large negro constituency in Pennsylvania and had addressed it to the President because the action had been by the President, and he regarded it as a matter of cour- tesy to ask him for the information. He also stated that it had seemingly been agreed among senators that both resolu- tions should be adopted.
 Entitled to Trial.
 Mr. Foraker read at length the testi- rnony furnished by the war department. He said it appeared that murder. mis- prison of felony and perjury had been committed by some. one. three crimes for the punishment of any one of which inc constitution secured to every man the right of trial before punishment. He did not regard it from the standpoint of A race question. The right of the Presi- dent to dismiss a man from the army was also involved. If he could dismiss any man he could dismiss a company, A regiment or brigade, and in fact, on the same theory the whole army. MT. Foreaker admitted at the suggestion of Mir Warren that the President under the law had the right to increase or de- crease the army within certain maximum and minimum limits. During the debate the report was current among senators that the President felt it would be matter of courtesy if the resolution should be addressed to himself and so strong, 1t was said. was this feeling on his part that he had intimated that un- less this course was taken there would