Omaha daily bee., 1907-01-23
PASS FORAKER SUBSTITUTE
Senate Orders Investigation Of Discharge
Of Negro TrO9ps
THREE OTHER RESOLUTIONS REJECTED
Legality or Justice of Any Act of the
President Relative 20 the
Array t. Not aues-
toned.

WASHINGTON, Jan. 22-The senate to-
day passed the compromise Foraker resolu-
ton authorizing the committee on military
affairs to investigate the facts Of the af-
fray at Brownsville, on the nights of
August 10 and IA last. without questioning
the legality or justice of any act Of the
president In relation to or connected with
that ARRAY" This action came after the
subject had been under consideration al
most daily since the first day OF the pres
ent session OF congress, and every phase
of the question had been discussed on all
sides.
Before the adoption Of the resolution sew
eral submeasures were voted down. One
by Senator Mallory. declaring that the
president had authority for his course and
acted justly which was tabled by a vote
OF 4S to q. Another, by Senator McCumber
simply providing for an investigation with
out reference to the president in any man
ner, was tabled by viva voce vote. A
third, by Senator Culberson, simply in
dorsing the presidents action and providing
for no investigation, was tabled by a roll
call vote of 46 to 1e
There was no record vote on the resolu .
| tion adopted
| Senator Sutherland occupied the FIRST
/ three hours Of the days session delivering
/ us lliSNs sutCCu III lnt sGndle. IL was
I behalf of the right OF Reed smoot Of his
own state to seat in the senate. The
! Brownsville debate then followed, senators
taking the opportunity to explain the vote
they should cast on the resolution.
Mallory Offers Substitute.
Mr.. Mallory offered substitute for the
Foraker compromise Brownsville COM
! premise resolution.
Mr.. Foraker Immediately moved to lay
the substitute on the table but later with
drew his motion to permit senators to
speak The resolution of Mr. Mallory pro-
vidcs for an investigation. after resolving
as follows:
That in the judgement of the senate, the
| recent action of the president in discharg-
! ing without honor enlisted men of COM
panies b, G. and ID of the Twenty-ffth in
fantry is within the scope Of his authority
and power and the proper exercise thereof
! Mr.. Mallory said he could not support
the Foraker resolution because it's language
| as to the presidents power was equivocal
Senator Teller opposed the idea advances
in recent speech by Senator Lodge that
the president inherited" power from the
! king. This was new doctrine and the
Colorado senator said he could see how
it might become popular in some local
tiles.
Senator Bacon OF Georgia supported the
Mallory substitute. He characterized the
agreement among the republicans on the
Foraker resolution as an illustration oil
their extreme dexterity in forming meas
ures for which they can all vote, although
some of them are directly opposed in senti,
ment, as in the matter to which tina
resolution relates"
Mr. Foraker, replying to Mr.. Bacon. re
viewed the history of the Brownsville con
troversy in the senate to show that tn,
question of the presidents power had beef
raised by the message the president hat
sent to the senate on December II last
Mr.. Foraker maintained fro mthe beginning
that all he had contended for was tn
facts. Mr.. Bacon said in reply that Will
he was far from being an advocate of tn
president he yet believed the languag
proposed in the Foraker resolution was a
injustice to the president.
Mr.. Bacon wanted an opportunity to vot
directly on the question, whether the pres
ident had the legal power to discharge tn
negro troops and not on the question G
tabing the resolution. He spoke of tn
ARRAY at Brownsville as IAN unspeakabl
outrage"
roll call was then taken on Mr.. For
akers motion to lay the Mallory subst
tute on the table. This motion prevaile
40 to %.
Messrs McCumber, Warner and LaFol
cite voted with the democrats and Messri
Teller and Tillman with the republicans.
Other Substitutes Tabled.
Mr. McCumber, criticising the languag
OF the Foraker resolution offered a sub
stitute in which neither the legality or tn
justice of the presidents action wa
brought into question. 1t was, he sale
! simply an authorization for an investiga
\ ton.
: Mr.. Foraker at once moved TO lay tn
: substitute on the table. Before this vot
e was taken Mr.. Hepburn briefly explaine
{ his opposition to any expression regardin
! the presidents authority.
J. Mr. McCumbers substitute was the
: tabled without roll call
Senator Culberson proposed a substi
tute which provided for no investigation
T but simply resolved that the presideI
! was authorized by law and justified by II
5 facts in dismissing the negro soldiers. +
a hands of senators who opposed or deniS
! the authority or right Of the position
e the president He read telegram he he
n recently received from the chairman \
the Brownsville citizens committee while
d said no further facts were obtainabl
n ''Purdy exhausted all clues" IT conclude
II referring to Assistant Attorney Gener
Purdy. A roll call was demanded on tn