New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-01-02
EXPECT SHARP DEBATE
ON BROWNSVILLE RIOT.
Senators BelieUe Mr. Spoomer VIII
4ns1cer Mr. Foraker.
IFrorn The 7,r,euns nursau.l

Washington, Jan. 1-One OF the most inter
| estins and brilliant debates which has occurred
| in the Senate for number OF years is expected
Immediately after the holiday recess. when sen-
ator Forakers resolution instructing the Com
nittee Military Affairs TO investigate the
brownsville affair will again up for
sideration. Senator Foraker. who is recognized
| as one Of the ablest lawyers IN the upper house
and whose tenacity OF purpose is famous. will
earnestly press his resolution. In tho debate
which occurred the day before the recess he
practically staked his reputation on two propo-
sitfons-namely that the President had K
ceeded his constitutional authority in dscharg-
ing without honor the men dismissed from tho
25th Infantry. and that he had acted without
sufficient evidence. or. Mr.. Foraker expressed
It, that he ''rnisconceived tho testimony which
his action is based"
In the estimation of those most competent to
Judge. further discussion Of these propositions
viii lend TO a battle Of giants. Mr. Foraker
probably served the President better than he
knew when he pressed the discussion on the eve
Of the recess. Senator Lodge Immediately re-
piled, though briefly, to the remarks of the SEN
ator from Ohio. ana the result merely 10
emphasize the importance and the interest of
the questions involved. AS a result a large
number Of Senators have availed themselves Of
the recess TO read with great care all of the evil
dence and documents bearing on the Browns
vile case, we'll TO study the legal question
involved.
Senator spooner. who is generally regarded as
the most capable constitutional lawyer and the
most able debater in the Senate will doubtless
contest the propositions set forth by Mr. Foraker.
and the result will. it is expected be a debate OF
the most lively and interesting character. SEN
ator Spooner has been quoted as saying that ne
had reached opinion regarding the conten-
tions Of the Senator from Ohio. and that he had
not determined 10 contest them. Nevertheless,
some Of the ablest lawyers IN the Senate, after a
most careful examination Of the legal phases of
the case. have decided that the Ohio Senator is
In error in his proposition that the President ex-
oeeded his legal and constitutional authority, and
those who know Senator Spooner realize that he
is so constituted that he cannot hear the Presi-
dent erroneously attacked on such grounds with
out speaking out in his defence. Once convinced
that the President acted within his rights, Mr..
spooner viii regard 1t as his duty to defend him
with all his ability. and there is reason TO be-
lieve that before Congress meets he will have
decided that the course of the President was
fully justified.
THINK EVIDENCE SUFFICIENT.
Those who have most carefully studied the
facts also believe that Senator Foraker's second
contention that the President acted without suffi-
cient evidence is equally mistaken. They point
20 the fact that moral evidence is often quite
as strong direct testimony. and they believe
that the morel evidence IN this Gaze was ample
to warrant the President in his belief that the
men of the 25th guilty OF Shooting up
Brownsville It is declared, for instance, that
when the Presiden commander IN chief of
the army called upon TO determine what
course hs should pursue he under
obligation to bsse his decision solely the
statements OF the comparatively few witnesses
who were examined by the army inspectors. He
was, On the contrary. entirely at liberty to ao-
cept as evidence the absolute unreasona bleness
of other hypothoses. as. sor instance, that the
residents OF Brownsville greatly endangered
the lives OF their ana children and &C
tuaiiy killed man and MANNED another for
the purpose CT bringing discredit the Negro
trosps; 70 take into consideration that Major
Blooksoun. the army inspector. examined only a
g few Of a number Of people VINO would doubt
less have testified to the facts although
Tho major examined all that he regarded as
necessary 70 establish the case. and secured all.
sac rr,.e tl.an all, the evidence which had been
necessary to demonstrate the guilt Of the
10 tce onscsrz os the 25th, who would naturally
bsvc beea the least easiiy convinced. It is re-
ra-dyd Is cbyiore tf;at had Il occurred 10
Es3da. Bieokso1a that any would put for
gard the somewhat ingenius, but wholly un-
reasonable. defence that probably the citizens
az nSown5viile aid the shooting he would have
secureo many more statements than ne did;
l,,t h2 Yiag secErcd all he deemed necessary 20
esta1.rsh me facts. not only 20 his own sat;s-
rsc;t.y, hut - that Of the officers commanding
csrsdaaed second psSe.