The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-17

as bitter as he seems. I tell them no-his
ferocity is purely oratorieal; It is simply
the lingering force of a typhoid habit
which continues to have some power over
the tongue long after 1t had been ex-
PEELED from the heart.
IF the senator from Ohio could con-
Wet the President of the charge he has
! charged against him, that of infiicting
harsh and BRUTAL punishment without
any authority of law, them continued
Mr.. carmack, he will have placed the
President on an eminence of infamy from
which no man can take him down
No Alternative.
| Discussing the merits of the case and
| the right of the President to act, Mr..
| Carmack said that wherever the CHIEF
executive does an act that is within the
scope of his exclusive powers he Is neces-
sarily the sole and exclusively judge OF
| the the facts on which acts are based
Nevertheless for its own purpose and with
a view to possible future legislation, the
Senate has a right to inquire into the
| facts of the case Whatever might be our
opinion of these facts they could not az
feet the legality Of the Presidents ac-
| ton"
Maintaining that the President had nc
Alternative in his action, Mr.. Carmaeh
| said:
ut may be a sound maxim in criminal
| jurisprudence that 1t is better that ninety
| nine guilty men should escape than one
innocent man should be hanged but il
| Is not true that it is better that ninety
nine murderers shall wear the uniform OF
| the United States and carry Its guns &c
slaughter peaceful citizens than that ono
innocent soldier shall be discharged.
''Such a maxim would destroy the us
cipline of any army
Compliments to Tillman.
Paying his compliments to Senator TIL
man, Mr.. Carmack said;
1.-The senator's speech was powerful
1t was picturesque. 1t was full of gooo
and striking points, but it seemed to me
| that his premises were upon one side oil
the earth and his conclusions upon tht
| other with no bridge between. If there Is
| anything that appears plainly TO my 1nho
! from that speech 1t is that these solulers
| ought to have been discharged from Int
| army long time ago and that tre fIes,
| ident deserves criticism not Tor dolhs !,
now, but for having delayed 1t so long,
Lively interest was developed when Sen
ator Tillman took a hand to justify ms
act In dismissing A company OF the Sou'H
| Carolina militiamen when he was gov
| ernor Mr. Carmack had quoted TINS d.
| a precedent for the President, ana re-
ma rked that 1t was a distinguished com
pliment the President had paid the sena
\ tor to follow his lead in "lynching MS
| company -, -,
! Mr.. Tillman said he had letter IRON
the commander of the company resignine
from the service.
'Oh." calculated Mr.. Carmack Il an
surprised that the senator acted Wlthou'
the slightest inquiry or Investigation
MIR Tillman protested that the Two
| In, VUn analogous.
| President has turned loose band oil muir
derers on the land. he added.
Mr. Carmack held that they were a.
| least out of the army and not wearing lt'
uniform, or bearing its arms, ana thei
| gave what he regarded as the real 'pur
pose of the agitation-an attempt 10 uh
| horse Mr.. Roosevelt as the republican
leader. He said:
Something Behind Attacks.
at seems to me that there is some
| thing else behind these uncalled Tor at
| tacks upon the President than a passion
for Justice and law. Whence comes TINS
new-found zeal for the law and constitu
ton. this jealousy of executive encroach
! ment upor the powers of Congress ah'
the rights of citizens? This particular ae
! of the President is simply an occasion
| but 1t is not the cause of these Nloleh
and concerted attacks upon the admins
| tration.
He went on to say, that nothwithstand
| ing ',the President had cone enough II
| al! conscience to alarm every real 1rleh'
of the constitution and of the republic
| through 1t all he has had the united aht
enthusiastic support of all the senators
upon the republican side of the champer
and not until now has his course beer
| called into question After outlining SOM
of ,the ito him) Objectionable executive
| acts Mr. Carmack proceeded:
| at is by the best and most honoraol'
| acts of his administration that the Presi
dent has aroused so deadly an antag
onism within his own party. lie mien
have continued to trample upon the law
TO the end of time, and there would nav
been no voice of protest if he had no
otherwise offended. The President ha
made the mistake of compelling his part,
TO violate all its traditions to break witt
It's old time friends. to turn its gum
unon its allies of a hundred battles' III
has brought the great railways and trust
and corporations of the country to know
that there are such things as law ant
Government. Helpless under the compel
ling force of public opinion, arrayed be
mind him his party leaders have yielded
snarling and reluctant halfway obedience
to his will biding time and opportunity L
strike"
Rocseveltan Incubus.
Declaring this to be the beginning 0
the fight TO break the powe" of the onl'
leader of the republican party who eve
arrayed 1t against the enemies of the peo
pie" he said
ut is an effort to put the party bacl
into its old position, to renew it's old al
lfances make peace with it's old TIM
friends and renew its covenant with tn
plunderers and opprcs.ors of the Ameri
can people" And he declared it woul'
succeed.
''Ar the resources of the gentleman II
the White House cannot stay the newt
able He has attempted the impossible
task of recreating the republican party
There is a force persistent and com
polling as the law of gravitation that will
pull the republican party back to the pc
siton from which bNa main strength an'
awkwardness the President has lifte'
1t up
He told the republican senators tina
they must make choice of the alter
native either to renominate Presiden
Roosevelt or give us back our platform.
He declared in their hearts they wer'
longing for the time to come when the,
could cast off this "Rooseveltian inca
| bus"
He declared the sentiment which thu
President had helped to arouse agairs
plutocracy will bring millions OF vote
to the democratic party and said that ii
President Roosevelt himself chooses !,
come, he will find there ample opportun'
tv to exercise an influence for the wei
fare of the people and also to learn SOM
respect for the law. and the constitu
ton"
Stone Disappointed.
Senator Stone, who followed Mr.. Car
mack expressed grevous disappointment