The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-08
LODGE SPEAKS
FOR ROOSEVELT
Defense of the Presidents
Right to Discharge the Boys
. in Blue at Will.
MERELY QUESTION OF LAW
TENURE OF OFFICE ACT WAS
UNCONSTITUTIONAL.
MERELY QUESTION OF LAW

Washington, Jan. preliminary TO
his discussion OF the Brownsville Incl
dent I'm the senate today, Senator Lodge
presented a sub-resolution, prepared
by Senator Knox, combining the pro-
posed senate inquiry TO the ARRAY at
Brownsville and eliminating any re-
view OF the presidents action. He ac-
cepted Senator Culberson's amendment
authorizing the committee TO visit
Brownsville .f it desired.
Mr.. Lodge followed Senator Gearin,
who had concluded a two-hour speech
on the Japanese question. Mr.. Lodge
said:
Speech of Senator Lodge.
Two questions are here involved. A
question Of fact and a question of law.
They are entirely distinct; they ought
10 be settled separately, and neither
should be permitted to cloud or OBJ
scure the other in the public mind. The
question of fact may be stated in this
way. There was shooting In the streets
of Brownsville on the night Of Aug. 13,
1905. houses were fired into, one man
was killed and the lieutenant OF police
had his horse shot from under him and
was so seriously wounded in the affair
that amputation was necessary. These
ldttH dIt dNIIltltO anu dlt llOi
ed by anyone This shooting was done
by some one. II 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
any one else who could have done 1t.
Question Of Fact.
1.-The president. the secretary of war
and the army officers detailed to inquire
into the affair have decided that the
shooting was done by the soldiers, and
furnish testimony to sustain their opin-
Ion. The Constitution league. repre-
senting the soldiers, deny that the
shooting was done by them, and assert
that IT was done by citizens of Browns
Vile disguised i'm 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 general negations
are Of no use here. It will be the duty
Of the committee under the resolution
TO take all testimony possible and de-
eide whether this shooting was done by
the soldiers or by citizens Of Browns
vile. Whether the soldiers or the in
habitants did the shooting is the ques-
ton of fact. and on that ] have no
opinion to express. I have heard and
examined all possible testimony.
Question Of Law.
The question of law is whether the
president, in dismissing these compa-
MES without honor, exceeded his powers
under the law and the constitution
This question can be settled by the
senate just as well now, and ] think
better than at any other time, without
decision as to the question of fact. It
Is purely a question of law.
The constitution makes the president
commander-in-chief of the army and
navy of the United States, and congress
is given authority TO makes rules for
the government and regulation OF the
land and naval forces In the fifth
amendment Of the constitution the land
and naval forces are excepted from the
rights guaranteed to all persons who
are held to answer for a capital or
otherwise infamous crime. It appears,
therefore. that soldiers and sailors were
recognized as being subject to a law
differtnt from that administered in the
civil courts. In making the president
commandments. the constitution
conferred upon him all the power and
authority ordinarily exercised by the
commander-in-chief under the military
law of the times. That military lay
had been slowly forming through many
years.
Power of King Absolute.
4 broadly speaking, the power of the
csommander-in-chief was originally all
solute. and wars were conducted under
ordinances or rules laid down by the
king himself Modern rules and ar
ticles Of war may be said to date from
those established by Gustavus Adolph-
ms. and among English-speaking people
from Prince Rupert's code. which was
practically used by both sides in Eng
lands civil wars. After the revolution
which placed William of Orange on the