New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-11
TAKES STUMP.
Continued from, frst page.

consideration, and there was none on my part,
anu never heard that there was any on the
part or the President But however that may
be, am satisfied that not only the people OF
nose two territories but the great majority OF
the american people also approve what con-
tended for in that case
was unable also to agree with the President
a. sS 70 cohIerrlng the rate making power upon
tne interstate Commerce Commission, as pro-
Vlded IN the Hepburn law, passed at the first
session Of the 59th Congress.
was not opposed to that proposition how
ever because did not want governmental con-
tTOI ana supervision Of railroads engaged in
interstate commerce. for was among the first
70 advocate such a measure, but because
tnought the Hepburn law in that particular was
pom unconstitutional and unnecessary, and that
IL was long and serious step In the wrong di-
Fecuon as matter of public policy.
thought 1t unconstitutional because did
MoI peheVe then, and do not believe now. that
ILle thTee great powers of government which
our rathers who framed the Constitution In
tended should be distributed TO three separate.
independent and coordinate departments OF
government should be commfngled and vested
as they have been by that law, In the Interstate
commerce Commission.
ala not believe either that II Congress had
the power to make rates it had the right to
Gelesate that power to administrative board
whether was right in entertaining this opin-
ION VIII De determined when the Supreme Court
or the United States passes on the question: as.
sooner or later. 1t must
was opposed to the Hepburn law because
also thought it unnecessary to enact legislation
OF such serious character that was of doubtful
constitutonalitv when we already had on the
evils complained Of could be remedied If 1t
should only be enforced.
THOUGHT ELKINs LAW ENOUGH.
In February, 1903 the Congress passed what
Is known the Elkins law l helped as
member Of the subcommittee having the bill
IN charge to put II into the effective form in
which it became law. When the Hepburn bill
came up It was my contention that the ElRins
law, which the Supreme Court had already held
was constitutional would be found sufficient to
prevent all rebates and determinations and
other evils complained of If 1t should only be
earnestly applied and enforced.
since that debate all that l said in that be-
ha!f has been abundantIy indicated
All the prosecutions OF which we have heard
so much against the railroads and the Sugar
Trust and the Beef Trust and the Standard Oil
company, and numerous other corporations.
nave been brought under this Elkins law, and
IN no instance has the government failed to
speedily secure convictions, except only where
Its own testimony has failed.
There are pending to-day against the Standard
OIL Company. under this Elkins law. numerous
indictments. amounting In the aggregate to
more than ten thousand counts.
No suit OF the kind has been brought under the
Hepburn law. No suit OF the kind ever will be
brought under the Hepburn law as long as the
Elkins law stands on the statute books by the
side Of II, for, under the Elkins law. the remedy
IS simple complete and beyond question as TO
It's constttutionality. while the Hepburn law
lacks all of these qualities.
Now that we have the Hepburn law will
get out Of II all the good we can, but I predict
that as time passes the objections to 1t viii be
further INDICATED. not only by further good
suits under the Elkns law. but also by the dis
appointing results of its operation that viii he
realized generally by shippers and business men
all over the country.
THE BROWNSVILLE AFFAIR.
Another session OF Congress has Just closed.
There were numerous measures pending and
acted upon with which the President was promi-
nently identified. SO far as / can recall, / sup
ter. however. about which I have taken diff
ferent view from him. I refer TO the discharge,
~
c and D OF the 25th United States Infantry on
account OF the shooting ARRAY at Brownsville.
This was an incident, not a policy. But it was
an incident OF such character that l felt IT my
duty as q representative OF the people Of Ohio TO
do with respect 10 Il what have done.
It was charged-and the President was made
20 believe-that certain men of the 25th Tnfan-
try had made a nur6erous midnight assault
upon the sleeping men. women and children OF
Brownsville; that they had shot up the town,
as the expression goes. and that they had killed
one man and wounded another, and put IN
jeopardy the lives of many he believed that
this was done by a few. but that others of the
battalion knew and refused 10 disclose the iden-
tity of the men who did II.
AS a result. he ordered that tho whole bat
talon should be dismissed without honor, the
innocent and guilty alike: the guilty because
could not be distinguished from the guilty.
Among these men were old soldiers who had
seen many years OF service. Their services had
zen honest. faithful. gallant and distinguished
one OF them had served continuously for twenty
ne
retired on a pension for life His service had
been rendered not only on the frontiers OF this
ountry. but In cuba and In the Philippines II
had covered both war and peace. In all that
ong period not one single black mark had been
registered against him. He had never been
court martaled: he had never been punished;
he had never been even reprimanded. on every
me OF his numerous discharges II was recorded
that his character excellent and that his
scrv4ces had been efficient.
His case is but an Illustration in a little
7tronger degree. of many others A number had
;erved more than twenty years: many OF them
almost twenty years; all had acquired distinct
and valuable rights, and all these rights were
ewept away from them I'm an instant Dy an eX-
,cutive order which put them all alike in COM
mon disgrace and sent them adrift among their
-ountrymeu whom they had done so much to de-
end branded as criminals who had either par
tlcipated IN the shooting or who had become ac~
cessories after the fact by protecting criminals
who lad.
These men had been given no opportunity to
be heard 1t seemed to me that no man In this
country humble that he should not be
given day In court somewhere or some time
some place. to make his defence. confront his
occusers. and refute their testimony against
him. and especially should soldiers have the
benefit of such hearing
Constitution. 1 did not believe that even the
President as commander In chief OF the army
lad power to deprive them Of this right
GAVE NEGROES A HEARING.
But without regard to that question. felt
hat they should have this opportunity. 1 Sc
cured It for them. 1t was q long, hard contest
n the Senate which resulted in the adoption OF
4 resolution ordering an investigation
] spoke repeatedly in favor OF the proposition,
but the record will be searched in vain to And
me word of dlsrespect toward anybody. from
he President down TO the humblest man hgur-
ng in any way I'm connection with the matter
It was with me simply a great. broad ques-
ion OF constitutional power on the one hands
md constitutional right on the other. 1t has
oeen said that It was an effort to secure the
charges-but that claim might be disposed or