Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-08


But we say to you at the same time
IN Gods name do not aid by your advice
nor assist by your endeavors the plans OF
these whose efforts II successfully carried
out will bring down upon us a condition
which will be worse-far worse in the end
than the troubles which now beset you"
Declaring that the only principle which
should govern this country in the pro-
lection Of the laboring man is to pay
| him as much as we can and make
him happy and at the same time insure to
employer reasonable profit and no more
upon the capital invested, Mr.. Gearin de-
clared that IL capital refuses to hear this
from the lips Of its friends II will hear II
later from the lips Of those who are not
| its friends"
Mr.. Gearin declared that China would be
in a position to demand admission OF its
cheap labor II the privilege continues to
be accorded to Japan
Concerning the presidents message on that
subject Mr. Gearin said: And In this
connection 1 would commend the essay on
Industrial morality. found on the thirty
fourth page of the message, to its dis
tinguished author for reperusal and care
full examination
There is not one single objection that
was ever urged against the Chinese laborer
than does not apply with equal force
against the Japanese laborer. why then
the discrimination"
Lodge Presents Substitute.
Preliminary to his discussion of the
Brownsville incident in the senate today
! Senator Lodge presented a substitute reso-
luton prepared by Senator Knox combining
the proposed senate inquiry to the "affray"
at Brownsville and eliminating any review
of the presidents action. He accepted Mr..
| Culbersons amendment authorizing the
committee to visit Brownsville II It de-
/ sired
Mr.. Lodge said:
| Two questions are here involved-a ques-
ton of fact and question of law. They
| are entirely distinct, they ought to be set
| tied separately and neither should be per-
public mind. The question of fact may be
stated in this way: There was shooting in
| the streets of Brownsville on the night of
| August 49, 1906, houses were fired into, one
man was killed and the lieutenant of po-
! lice had his horse shot from under him
| that amputation was necessary. These
| facts are admitted and are not disputed
S 9y any one; Inns Inns shooting was done by
States soldiers from Fort Brown or by
| Inhabitants of the town of Brownsville.
| There was no one else and 1t is not pre-
tended that there is any one else who could
| nave done It. The president. the secretary
Of 1o war and and the army officers detailed to
I
| the shooting was done by the soldiers and
| furnish testimony to sustain their opinion.
| The Constitution league, representing the
| soldiers denies that the shooting was done
| by them and assert that 1t was done by
the citizens of Brownsville, disguised in
| caston uniforms of the troops and pro-
vided with exploded shells from the gov
eminent ranges, who committed this out
rage for the purpose of casting odium
the troops of Fort Brown. One of these
two propositions must be proved, for gen.
eral negations are of no use here 1t will
"a IF "a nnff 1ftnftf h..
resolution to take all possible testimony
and decide whether this shooting was done
| by the soldiers or by citizens of Browns
vile. This is the question Of fact. In It is
| involved not only the innocence or the
guilt Of the soldiers, but the innocense or
guilt of the inhabitants OF Brownsville
Whether the soldiers or the inhabitants did
the shooting, is the question of fact, and on
that ! have no opinion TO express until l
have heard and examined all possible testi-
mony. 'E@e
Question of Law.
| The question of law is whether the
president, in Diminishing these companies
without honor, exceeded his powers under
the law and the constitution. This ques>
well now and. Il think. better than at any
time, without the least regard for the COM
mittees - decision of.,the question Of fact
stitution makes the president commander
In-chief of the army and navy. Of the
thority ito make rules for the government
and regulation Of the land and naval
| forces.
constitution the land and naval forces are
| excepted from the rights guaranteed to all
persons who are held to answer for a capl.
pears, therefore. that soldiers and sailors
were recognized as being subject to a law
different from that administered in the
civil courts. In making the president COM
mander-in-chief the constitution conferred
upon him all the power and authority or
dinarily exercised by the commander-in.
chief under the military law of the times.
That military law had been slowly form,
ing through many centuries.
Article iv provides that no enlisted man,
duly sworn, shall be discharged from the
service without a discharge in writing,
signed by a field officer of the regiment TO
which he belongs. or by the commanding
officer when no field officer is present, and
listed man before his term has expired, ex,
cept by order of the president or the sec.
rotary of war, the commanding officer OF
court-martial.
Power to Discharge.
1t will be observed that the power of the
Commanding officer of the department to
discharge an enlisted man Is expressly
recognized.
given by sentence of eourt-martial The
honorable discharge can of course. be
Is another discharge now described as the
discharge without honor" which is not
limited to the action OF a c9urt-martial,
the president, the secretary OF war and the
commanding officer. The regulation as to
the discharge without honor shows ex-
plicitly as language can the large power
of the commander-in-ehieft to order such
discharges. In some form this power of
summary discharge by the commander-in-
chief has always existed and been exer-
cised. II the commander-in-chief is unable
to dismiss from the army the soldiers
whom he regards as dangerous to the
service and to military discipline without
Furnishing proof which would convict to
Jury military discipline would be at an
end and the army OF the United States
would become a menace to the people OF
the country. The law, the constitution,
the statutes and the uniform practice
SO clear as to the right OF the president
TO terminate the contract OF enlistment and
discharge soldiers at pleasure that II
seems a waste OF words TO any one who has
read the statutes to argue IL at all.
Foraker Replies to Lodge.
Mr. Foraker reviewing Mr.. Lodges OBJ
lection to the Foraker resolution, declared