The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-16
sPOONER HOTLY
|. SCORES T|LLMhN
Tells Him the President
Needs No Defence
From Him.
iQUOTES FROM HIS
RECENT SPEECHES
Says "That It Is a Crime to En-
courage Lynching and Race
Riots-Tillman Gives
Notice That He Will
p Apply to Insult
ing Allusions."

WASHINGTON, January l5.-Goaded b,
frequent Interruptions from Mr. Tilman
tile speech Of Mr.. Spooner In the Senate
to-day, on the resolution for the irvesti-
CATION of the ARRAY at Brownsville, was
changed from constitutional argument
in defense OF President Roosevelts course
in discharsing a negro battalion of the
army to severe arrangement of the
ilSouth Carolina Senator. He quoted from
iiSfr. Tillman's utterances defending lynch
t1ng as means OF controlling negroes,
sand said that to encourage such mob vio-
aaence was dissrace to civilization.
n Mr. Tillman was not permitted to reply
TO this criticism at the time. but at the
lsconciusion of Mr.. Spooner's attack de-
clared that at an early date he would
take occasion to defend himself against
the Insulting illusions made by Mr..
! Spooner.
Il The bitter feeling provoked by the con-
i troversy between the Senators makes It
4 impossible to say when vote can be had
Il on the resolution. 1t Is expected debate
Z will now he extended.
+ Mr.. Spooner took the position that Arti-
u Gle 4 OF the Articles of War gives to the
II commanders n-chief of the army the
p power to dismiss the troops in the man
I ner employed He referred to the af-
4 fray at Walla Walla. Wash. during Pres
Iiident Cleveand's administration. and said
that the investigation of that disturbance
resulted in recommendation that the
( four companies involved be dismissed.
He said that the only reason these men
were not dismissed was because there
2 was then no authority for such action.
The order providing for dismissal with
out honor" said Mr. Spooner, was made
to meet just such cases.
After Bacon.
II never heard until yesterday" said
Mr.. Spooner. that the President had not
the power OF sending forces where he
chose. never heard that that was not a |
part of the power of command until this |
was proclaimed yesterday by the Senator
from Georgia CIR. Bacon.
The point was made by Mr.. Spooner |
that the Constitution does not say that |
Congress has the power to govern the |
military forces. but to make rules for |
the government of the army. He claimed |
that the words ito make rules" meant |
that the enforcement of the regulations |
Tor the government of the army rests |
absolutely with the President as COM
imander-in-chief. In cases where Congress
has legislated to reappont men to the
army and navy. Mr.. Spooner said that II !
merely gave to the President authority |
IN his discretion to reappoint men or per- |
init Their re-enlistinent. On this subject |
Ehe engaged in brief colloquy with Mr.
Bacon. in which the General Fitz John |
Porter case was referred to. and it was
recalled that President Arthur had vetoed
the first act of Congress concerning Gen.
erai Porter, on the ground that Congress
had no right to pass an act to compel
Eatn to reappoint any man by name.
EtsSMr Spooner declared that Mr.
5Bacon's position was in utter disregard
to the Constitution itself; that abso-
lnte power has to be lodged In the
government somewhere and in the case
under discussion this absolute power
had been divided between the Pres
ident and Congress. He said the oues-
ton of whether the 1s7 negro soldiers
had been discharged from the army by
an order not in accord with the Pres
tdent's constitutional authority could
he tested any day. These men may
go into the CGurt of. Claims and sue
for their pay and there test the con-
sututionality of their discharges.
Messrs. Spooner and Bacon agreed
thorizing the President to take the
course he did, and Mr.. Spooner said
~ was not necessary. therefore for |
him to say whether the Constitution
empowered him to discharge soldiers
Tor the causes provoking the dismissals
a foIO"nSNlIle. |
Question of Hands.
Discussing the great discretionary
power placed in the hands OF the Presi-
dent, as commandments chief of the army
and navy Mr.. Spooner said that he
agreed that in bad hands that power
might protect the vilest OF murderers.
the most dangerous assassins, but it was
NECESSARY TO locate this great authority
somewhere and It was thought best to
trust the responsibility OF the executive
tosthe people
III the President abuses his priv
lege" said Mr.. spooner; ST he violates
his oath of office. this Is not the place
70 question his course. The method for
his punishment Is provided for through
the other end OF the Capitol"
Mr. spooner said he wished the pro-
cedure in d!scharging the negroes had
been different. 1t would have been much
better if there had been court of in
alnry, where all Of the soldiers could {
have been examined and the witnesses
against them or for them cross examined
Mr.. Tillman sought recognition. but Mr..
spooner first undertook To learn the
length OF the question he purposed to
-