The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-01-08

itary Affairs be, and hereby is. author
lied 70 make inquiry and take testimony
in regard 10 the anray al Brownsville.
Tex. on the night OF August Is, 1896, and
hat 1t be, and hereby Is. auth orized 10
send for persons End papers ans admin
ister oaths and report thereon by bill OF
otherwise.
Mr.. F0raker's substitute follows:
Resolved, That the Committee on Mill
tary Affairs are hereby authorized and
directed by subcommittee or otherwise,
20 take testimony FOR the purpose Of as
Certalniug the facts with reference 10
the ARRAY az Brownsville. Tex, on Au-
gust IS, 1876. Said committee Is author
lied 70 send for persons and papers. TO
administer Oaths, TO sit during the ses-
sion OF the Senate at Brownsville or
elsewhere, the expense OF such inVesti-
cation 10 be paid from the contingent
fand of the Senate.
The chief point made by Senator
Lodge in his address was that the Sen
ate had not the right 10 question the
constitutiOnality OF the Pres, Ient's acts
as head OF the army. The only way
this could be done was through impeach-
ment and the power TO initiate i'm
parchment did not rest with the Senate.
Therefore, he took the ground il was
not proper for the Senate 20 pass on the
consutuuonality OF the discharge order
OF the President Mr.. Lodge cited many
precedents In support Of his contention.
He pointed out there were S52 dismissals
without honor from the army in the
last twelve months. He cited the British
military practice on which the military
code OF this country was founded TO
indicate the commander-in-chisf had full
power 10 discharge without honor.
Senator FOrakers position was that II
Congress had spoken on any subject
Ha.mH
no authority In the President to act
contrary 10 the word of Congress. He
quoted from The army regulations TO
snow that IN every case II was pro-
Vided man discharged without honor
must be given the opportunity 10 appear
before board. that Congress had taken
every precautiOn 10 prevent the enlisted
man being done an injustice He de-
elared IL the birthright OF every Amer
lean citizen 20 be confronted by his
accusers. and 10 have the opportunity
10 be heard in his defense.
rs the President or the United States
over ana above the law he asked
Can he ignore itT'
He challenged anyone 10 ind a single
precedent. in all eases OF discharge
without honor, for the course the Presi-
dent had taken in the Brownsville az
fair
He discussed the precedents alluded To
by senator Lodge. including the case Of
the Sixtieth Ohio, and denied The afleged
precedents existed
An amusing incident OF the day was
brought about when Senator Tillman OF
south Carolina, prompted by an allusion
or Senator Foraker 20 the feet he knew
why the case OF the SlXtietL Ohio had
been cited. and asked just why the Six
tlefh ohio had been picked out
Senator Foraker at first demurred.
In response 10 repeated appeals from
Senator Tillman, he explained that he
did not belong 10 the SiXtieih Ohio but
10 the Eighty-ninth.
Perhaps somebody at the War De-
partment may have thought the Senator
got into that regiment" persisted Mr.
Tillman.
Il don't know that the War Depart
ment thought OF that" said Senator
Foraker, but IL is possible some body
at the War Department OF some other
place, remembered that the Senator
from Ohio lived in Ohio at the time"
Owing 70 the lateness OF the hour
Senator Foraker closed his remarks
temporarily, giving notice he would re-
sumo Tuesday