Omaha daily bee., 1907-01-15
SENATE DISCUSSES MESSAGE
Mallory, Clay and FaCOn Endorse Action Of
the President
sPOONER IAKEs UP IHE LIGAL POINIs
wisconsin Man Holds that Senate
f. without Power 60 Review
Acts of the Execu-
tive.

/
brief time to pass the legislative. execu-
tive and judicial appropriation bill. carry
| ing nearly SS1, 200, co., the senate devoted the
rest of the day to the Brownsville ARRAY,
President Roosevelt's message. accom-
panied by many additional affidavits and
a cigar box of bullets and empty cartridge
shells, was received read and ordered
printed The speechmaking on the subject
continued until $3.50 o'clock Senator NAL
| lory, endorsing the action OF the president.
opened the discussion. He held that the
| president might have gone too far in pre-
venting the re-enlistment of the soldiers in
volved, but otherwise he approved the presi-
dents order of discharge.
When Senator Clay took the floor the
debate was given a lively turn by Mr.. TILL
mans Interruptions. Mr.. Clay said the
people of Georgia heartily endorsed the
presidents action.
Senator Bacon followed with what he
said was reported as the precedent for the
Brownsville order In the discharge of a
company of South Carolina National guards
men by Senator Tillman when he was
governor. This involved Senator Tillman
again in the debate.
! Senator Spooner was in the midst of
| constitutional discussion of the authority
Of the president In the cass when adjourn
ment was taken. Mr.. SpooneT holds that
| when the president exercises his powers
| as commander in chief OF the army the
senate has no jurisdiction to review his
actions. He also contended that congress
has no power to legislate specifically to re-
store the soldiers discharged in the present
case. declaring that review can only be
had by impeachment proceedings which
must originate in the house of representa-
tives. Several senator's have indicated that
they intend to discuss the question and the
Brownsville debate Is therefore likely to
absorb the attention of the senate for
several days.
Reception of Message.
The presidents Brownsville message, ac-
companied by a box neatly wrapped and
tied with red tape. containing cartridges
and shells as exhibits in the case, was re-
ceived by the senate today. The message
was attentivoly listened to. Mr.. Foraker
requested that It be printed with the ac-
companying exhibits.
Mr.. Foraker saying he was not going to
make speech. but a few remarks" OBJ
served that the testimony amounted to a
great deal. for the president tells us 1t is
conclusive. But It does not remove the OBJ
lection have had from the beginning of
to contend for is to secure hearing for
the men charged with this serious crime
/ "TIis testiiaony Las -besn ta1sen, as Il. j.
/ other was, behind closed doors without any
body representing the men. That is the
reason l shall not desist, notwithstanding
what the president has said as to the char
acter of 1t, from pressing for an investiga-
ton of the subject where especially the
men who are charged with the crimes of
murder, perjury and conspiracy can be
heard, to the end that If they can estab-
lish any facts in their favor they may have
an opportunity TO do so.'
Mr.. Foraker added that he would reserve
his discussion of the new evidence sub
mitted by the president until after the In
vestigation, "if we shall order one," to be
made in accordance with the spirit of
American institutions, where every man,
no matter how humble shall have an op-
portunity to be heard"
After that investigation. Mr.. Foraker said
he should have something to say about the
present testimony.
Later Mr.. Foraker went to the clerk 8
desk and unwrapped the package and took
from the cigar box for a thorough inspec-
ton the bullets and shells the president had
sent.
Senator Mallory said he could see no
beneht in the proposed senate investiga-
ton Of the Brownsville affair, as the evil
dence submitted by the president was
enough to convict the soldiers. However,
he should not oppose the inquiry.
The bullets and cartridge shells sent to
the senate. Mr.. Mallory held to add greatly
to the strength OF the presidents case.
In addition TO the evidence. he maintained
that the discrimination against the negro
soldiers by the citizens OF Brownsville
furnished the motive. They were not al
lowed liberty out OF the fort after O'Clock
at night and were not served in the bar
rooms
Mr.. Mallory digressed to call attention
TO what he regarded as the best illustra-
tion that could be given OF the incompetency
of the negro TO grapple with great aues-
tions. His illustration was the criticism
Of the president by a negro mass meeting
at Boston.
THE president OF the United States, of
all presidents who have sat In that chair
since the close OF the civil war" he said
has manifested more plainly and decidedly
n disposition to lift up and encourage the
colored race by elevatlnS them on all oc-
casions when he could. TO positions of
honor and trust under the government"
A negro, he said. held the most lucrative
federal ONCE In Florida as collector OF in
ternal revenue; the collector OF customs
at savannah. Ga. was a negro and the
collector OF internal revenue OF Georgia was
a negro. and everyone knew the hght which
the senate had made against Dr. Crum, a
negro. made collector OF the port at
Charleston. S. c.
But" added Mr.. Mallory. the negroes
OF Boston allow themselves to be carried
away by the passion OF the moment, unable
TO look fairly and squarely at a propo-
sition which should be judged Justly and
honestly, forget that they are under great
obligations TO the president and send forth
a denunciation OF the st friend they
have ever had in that ONCE. They win
allow passion 20 get the better OF their
judgment on almost all occasions"
Mr.. Mallory believed the president ought
not 20 have included in his order Of dis
charge the prohibition against future en-
listment He maintained that the discharged
men were not under the charge OF any
crime whatever.
Mr.. Bacon had the clerk read a newspa,
per clipping, announcing that IL cited a
precedent for the presidents action II
Z fold Of tha dfGmfsaal 4 a ~op,oap,y a..