New-York tribune., 1907-01-08
BROWNSVILLE UP AGAIN
SETTLEMENT NEAR
Mr.. Lodge Defends and Mr.. Foraker
attacks the Presidents Course. 4.
From Tho Tribune Rur.au.l


Washington. Jan. THE real settlement OF
the question preciptated in the Senate by the
Brownsville incident is close at hand. In the
opinion OF the leaders, despite the fact that there
may be some entertaining displays of oratorical
pyrotechnics before a vote is reached. 1t is ex-
pected that the solution of the problem will bs
found in the adoption of some version of a sub
sttute for the Foraker resolution. which substi-
tute has been drafted by Senator's Spooner and
Knox since the Senate adjourned on Thursday.
1t is regarded as most probable that the Lodge
version of this substitute. which the Senator
from Massachusetts introduced to-day. win be
adopted. although IL Is barely possible that its
T. in. which Senator Foraker tried to introduces.
may displace Mr. Lodges resolution The ver-
sions so closely resemble each other that even
the most expert lawyers in the Senate can ind
no substantial difference
With either form OF the Knox-Spooner corn-s
promise adopted Mr. Lodge will have attained
the end he sought when Thursday he intro
duced his amendment to the Foraker resolutions
that the Committee on Military Affairs. In the
inquiry It will be instructed to make, viii Ds
estopped from consideration OF the constitutions
al and legal phases OF the Executive order dis
charging without honor the men on whom sus-
picion cast by the Brownsville ARRAY.
MR. LODGE OFFERS NEW RESOLUTION!
In the interval between Thursdays session Of
the upper House and that held to-day, the lead-
of the Senate carefully examined the ques<
ton involved in the Brownsville controversy.
and determined that the Lodge amendment was
subject TO the same objection the original
Foraker resolution. that IL involved the Senate's
passing on the legal and constitutional phases OF
the Presidents action, while the force OF the
objection raised by Mr.. Lodge. that the original
Foraker resolution permitted investigation OF this
Presidents action. was duly appreciated. and
Messrs Spooner and Knox. who ara recognized
the ablest lawyers IN the Senate. proceeded Ia
draft a substitute which would obytate all OBJ
jections. Mr.. Lodge. who was by no means
satisfied with his amendment OF Thursday. 50
greatly appreciated the merits OF the substituts
that with a few unimportant verbal changes. ns
introduced 1t in the Senate to-day, while Mr..
Foraker attempted TO introduce practically ths
same substitute but. attempting IL In the tins
of the Senator from Massachusetts, shut
out.
Senator Lodges substitute is as follows:
Resolved. That the COMMITTEES on Military Az
fairs be and hereby Is authorized to make In
quiry and take testimony in regard TO the ARRAY
at Brownsville, Tex, on the night OF August IL.
1906. and that it be aad hereby is authorized 70
send for persons and papers and administer
oaths. and report thereon, by bill or otherwise
Speaking in support OF his contention that the
Senate was without authority TO tnyestigats tbs
constitutionality and legality of action OF ths
President. except BIZ means Of impeachment
proceedings. when ft would be obliged to sit
| a court in proceedings instituted by the House.
Mr. Lodge spoke foEcefulIy and eloquentIy to a
full Senate and crowded galleries. He briefly
examined the contentious OF the opposition and
dealt effectively with them. maintaining that the
President commander IN chief. had ample
power TO discharge the Negroes dismissed from
the 25th Infantry for the good of the service.
MR. FoRAKER'S REPLY
Senator Foraker replied TO the Senator from
Massachusetts with considerable heat and made
some telling points. although the burden Of his
contention rested on the fact that OF the
army regulations specified that in cases Of dis
missal without honor all must have the
privilege of court OF inquiry, whereas he over
looked the facts that this regulation was made
by the authority of the President that the pro-
vision 70 which he referred is not a statute. and
that as its author the President is not bound by
its provisions.
The resolution which Mr.. Foraker attempted
to introduce reads follows:
Resolved That the Committee on Military
Affairs hereby authorized and directed by
subcommittee or otherwise. TO take testimony
for the purpose of ascertainfng the facts with
reference TO the affray at Brownsville, Tex. on
August IS. 1906 Said COMMITTEES are authorized
10 send Tor persons ana papers 70 administer
oaths. TO sit during the sessions OF the Senate,
at Brownsville or elsewhere. the expenses OF
such investigation 70 be paid from the contfn-
gent fund of the Senate
The words "at Brownsville or slsewhere" were
inserted at the suggestion OF Senator Culber.on
that the committee should be authorized to 90 To
Brownsville. IL 1t considered it necessary and
the suggestion was accepted by Senator Lodge
amendment TO his substitute.
In view of the fact that Mr.. Lodge succeeded
in getting his substitute IN first, Mr.. Foraker
decided not to offer his. and IN the course OF
the debate the Senator from Ohio said he was
opposed TO the Lodge resolution. although the
leaders of the Senate believe that within the
next two days Mr.. Foraker will decide to sup
port the Lodge substitute some other resolu-
ton essentially the
1t is further pointed out that under no cir
cumstances could the committee on Military
Affairs be charged with the duty OF investigating
the consttutionality and legality OF an action
of the Executive. and ii is possible that a res
olution instructing the Committee on the Judi
ciary to conduct such an investigation will be In
troduced- II this should be DONE however. the
resolution would be referred TO the Judiciary
Committee. and, according TO the present plans
OF the Senate leaders. would there enter into
eternal rest
GIN 5TLr