The Montgomery advertiser., 1907-01-17
pIemiss BnttaIiOn Again.


 that the Senate has not the power to review a competent act of the Presi- dent.
 Dismiss Battalion Again.
 Senator Money said that if, by Iegis- Iation, this battalion should be re- stored, as he had heard 1t hinted, to the army, 1t would be the duty of the President to dismiss it instantly if he still held to his present opinion as to It's guilt.
 As a member of the Military Commit tee, Senator Scott urged that his com. mittee or some other be allowed to make an investigation before the ques. tions were further argued.
 Senator Knox then addressed the Sem ate. He had reached the conclusion. after studying the question, that the Commander-in-Chi of the army had the power to dismiss. This power was conferred by the constitution and rec ognized by the laws of Congress. MT. Knox cited laws bearing out his con- elusion as well as judicial interpreta- .tion of these acts. Army regulations which, he said, had the power of law also recognized the constitutional au- thority referred to. A
 MT. Knox said he was not opposed to the passage of a resolution for an i'm Vestigation into the facts regarding the dismissal of these soldiers. but that he was not in favor of any resolution which in any way challenged the power of the President to act.
 Senator Foraker, in taking the floor, said he was not aware there was to be any other spec hes on the resolution, and he desired to close the debate. By his resolution. simply an investigation of the facts were to be made The scope of his resolution was not such as to bring into the investigation the question of the Presidents power. However, he said. he was not particu- lar about language. He would accept any language. He was more concerned about securing an opportunity for the men charged with crime to be heard.
 A peculiar sensitiveness had develop ed regarding the scope of the inquiry, he said To show this MT Foraker called attention to the preliminary resolutions calling on the President for the facts. No one had taken exception to the form of these resolutions and he quoted Mir Spooner's remarks at the time favoring their passage. He call ed attention to this simply to show that then no senator had any objection to calling for the facts connected with the discharge of these soldiers. In his present resolutions he had used pre- cisely the same language.
 MT Foraker disclaimed that he had attacked the President. On the con- trary he said, he had defended him. He had said he believed the President had been imposed upon in the premise upon which he had based his action.
 There was, he maintained, no place as yet provided where these men could establish their innocence. He had no doubt hundred, maybe 125 of the men would satisfy the committee that they had no part in the shooting. This would place these men where the Pres ident could extend the help he had promised by restoring these men. To meet all objections there might pos sibly be raised, MT Foraker said he prepared another resolution which he offered as a substitute for the one ht had pending. The resolution was not capable of being interpreted by any body as limiting in any manner the power it conferred on the committee to make a thorough Investigation of all the facts connected with the affray He then yielded to the suggestion of Senator Spooner that he proceed tomor' row and the Senate adjourned.