Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-01-07
LODGE UPHOLDS
NEGRO DISCHARGE
Says President Has Law and
Precedent OH Which to Base
His Action
.- ,.,.e rue oo,uEp q
MUST HAVE THE POWER
Roosevelt, He Says, Has Not Exceeded
His Authority as commander-in-
Chief Of the Army-only Two Cues
tions Involved, Who Did the Shoot
ing and Right to Discharge.


Washington, Jan. 1.-THE senate this
afternoon resumed consideration of the
Foraker resolution calling for inves-
tigation of the presidents action in
'discharging negro soldiers who "shot
up" the town of Brownsville, Texas.
The principal address was delivered by
Senator Lodge, who defended the right
of the president, under law and prece-
dent, to discharge soldiers.
Washington, Jan. 7.-Senator Lodge,
said two questions were involved, a
question of fact, and question of law.
He said the question of law is whether
the president, in dismissing the negro
soldiers without honor, exceeded his
powers under the law and the consti-
tuition. The question can be settled he
said, by the senate without the least
regard for the decision of the commit
tee appointed to inquire into the af-
fair as to question of fact. Lodge
argued at length that the president, as
the constitutional commander-in chief
of the army and navy had not exceed
ed his authority, citing numerous
authorities in support of his conten-
ton.
Continuing, Mr. Lodge said:
"The question Of fact may be stated
in this way: There was shooting in
the streets Of Brownsville on the night
of Aug. 13. 1906. houses were fired into,
one man was killed and the lieutenant
of police had his horse shot from under
him and was so severely wounded In
the arm that amputation was neces-
sary. These facts are admitted and
are not disputed by anyone. This
shooting was done by some one, 1t was
done either by United States soldiers
from Fort Brown, or by Inhabitants
of the town of Brownsville. There was
no one else and it is not pretended
that there is anyone else who could
have done it. The president, the sec
retary Of war, and the officers of the
army detailed to inquire into the af-
fair have decided that the shooting was
done by the soldiers and furnish tes-
timony to sustain their opinion The
constitution league representing the
soldiers, deny that the shooting was
done by them, and assert that 1t was
done by the citizens of Brownsville,
disguised in cast-off uniforms of the
troops and provided with exploded
shells from the government ranges
who committed this outrage for the
purpose of casting odium on the
troops of Fort Brown. One of these
two propositions must be proved, for
negations are of no use here.
Was Within the Law.
"The question of law is whether the
president in dismissing these compan-
les without honor exceeded his powers
under the law and the constitution.
This question can be settled by the
senate just as well now and I think
better than at any other time, without
the least regard for the committees
decision as to the question of fact. It
is purely question of law and 1 think
it ought to be detached from the ques-
ton of fact and settled at once, be-
cause think that confusing one ques-
ton with another has already done
harm. The constitution makes the
president commander-in-chi Of the
army and navy, and congress is given
to make rules for the gov
and regulation of the land and
naval forces In the fifth amendment
of the constitution the land and naval
forces are expected from the rights
guaranteed to all persons who are held
Infamous crime. 1t appears, therefore,
that soldiers and sailors were recog-
nized as being subject to law differ
ent from that administered in the civil
courts In making the president COM
the constitution con-
ferred upon him all the power and
authority ordinarily exercised by the
in chief under the military
law of the times. That military law
had been slowly forming thru many
centuries.
"The principles of the mutiny act
and the articles of war adopted by En-
gland were in the main those adopted
by us at the time of the revolution, and
which may be found embodied in the
articles of war which are now statute
of the United States. The commander
in-chief has, as such, the right inherent
In his office to punish or discharge ex-
cept so far as it is limited or regulated
by the law making power which has
enacted the articles Of war; On this
point of punishment or discharge, the
articles of war are perfectly explicit.
Article 4 provides that no enlisted
man, duly sworn, shall be discharged
from the service without a discharge
In writing, signed by field officer of
the regiment to which he belongs, or
by the commanding officer when no
field officer is present, and no dis
charge shall be given to any enlisted
man before his term of service has ex-
pired. except by order of the president,