New-York tribune., 1907-01-23
THE INQUIRY ORDERED
NO Division IN SENATE.
Foraker Resolution Passe9-SeueraL
Substitutes Tabled.
IRON The Tribune Rur.au1

Washington jan 22.-The latest Foraker
resolution. providing for an Investigation os the
array 81 BROWNSVILLE, was passed by the Senate
t:-is afternoon without division This resolution
provides that without Questioning the lavp1,,,y
o. Justice Of any act OF the President in rela
ilcn thereto the Committee on Military Arra,rs
Is hereby authorized and directed bv suhcor,
mttee or otherwise. 10 take and have nrtntaa
testimony for the purpose OF ascertaining all the
facts with reference TO or connected with the
ARRAY al Brownsville. Tex. on the night of
August 1915. 1906" The committee has fun
powers and is authorized 20 sit during the ses-
sions OF the Senate and during the recess.
The adoption Of this resolution ends a long
contest in the Senate. which began on the first
day Of the session and has continued almost
without intermission- On the day that oon
gress convened Senators Penrose and Foraker
introduced resolutions calling on the President
and the Secretary OF War for all the facts con-
necred with the shooting UP" OF Brownsvt,ls
which led the President to discharge without
honor l67 men, members OF Commands p n
and d 25th United States Infantry one OF the
four Negro regiments IN the army.
DETAILS OF DISPUTE.
on December Senator Foraker made a long
speech in the Senate in which he attacked the
Presidents order. declared that he was without
legal authority to discharge enlisted men with
oul honor and characterized the testimony on
(which the Presidents action was based as On
sufficient and himsy." Ever since then the hat
tie has ragged Senators Lodge and spooner.
while asserting that the President would well
come any investigation Of the facts. have de-
fonded the President against both the charges
OF The Senator from Ohio and apparently con-
Vnced every Republican and most Of the Demo-
cratic members OF the Senate OF the soundness
q their arguments. No Republican other than
MI Foraker has spoken in favor OF the con-
tentions advanced by that Senator Senators
Knox. Hepburn, McCumber and others on the
Republican side and a considerable number OF
Democrats. have argued that the President
acted not only Justly. but within his constitu-
tional and legal rights Thrice Mr.. Foraker has
modified his resolution. On Saturday the friends
Of the President determined that the language,
without questioning the legality and Justice of
any act Of the President" must be incorporated
in the resolution, and demonstrated that they
had ample strength IN the Senate 20 enforce
their demand Mr.. Foraker then agreed 70 in
corporate IT in a substitute which we would
offer. and an agreement was reached among the
Republicans 10 stand pat' on the revised reso-
luton, regardless Of any effort on the part Of
the Democrats to divide the majority.
An interesting debate preceded the final vote
this afternoon. Senator Mallory, supporting his
action with the declaration that on yesterday
Ny. Foraker had construed his own resolution
quiry into the authority OF the President TO dis
charge enlisted without honor, after the
facts had been ascertained, introduced substi-
tute which contained the words: That IL is the
judgment Of the Senate thst the recent action OF
the President IN discharglng without honor
Companies B. c and D Of the 25th Infantry, was
within the scope OF his authority and power and
a proper exercise thereof"
VOTE WITH DEMOCRATS
The amendment vas tabled on motion OF Mr.
Foraker. by a vote Of 43 TO 22 three Republicans
-Mccumber, La Toilette and warrsr-voting
with the Democrats. and Mr. Teller voting with
the Republicans.
Senator Teller objected 10 the Use Of The
words, without Questioning" etc, saying:
when I tell man do not question his legal
power 10 perform certain ACT, I imply-snd
clearly mean 10 fmply--that I agree to that
mans legal power 70 do that which he has done,
and for that reason Will rot vote for the For
al0er resolution" Mr.. Teller said he had reached
10 decision as 10 whether the President had er
had not the legal power dismiss the men. and
that he was convinced this not the time 10
take that question up. For the present. he fa-
vored merely an investigation OF the facts.
Senator Bacon contended that because Sena-
tors Foraker and Lodge had submitted diametri-
cally opposed constructions OF language used in
the Foraker resolution that language was am
higuous. and a more explicit resolution should
be adopted. Mr. Bacon did not believe this op-
porrunity should pass without the Senate's az
hrming its conviction that the President had
acted justly and wholly within his legal au-
thoritv. especially the argument Of the Sena-
from Ohio had gone forth TO impress the
public and the soldiers with the idea that the
senate doubted the power and the justice OF the
President.
senator NcCumber having announced that
ne never found any difficulty in expressing
clearly what he meant. referred 70 Mr.. Foraker
in these words: He moves TO lay on the table
a resolution that less nearly conforms 20 just
exactly the opposite OF his wishes than any other
resolution that has been offered here. Mr.. NC
Cumber then offered a substitute which con-
;ained the following words: That for the pur-
lose Of ascertaining what enlisted men or of1-
GERS were engas sed in the afray at BrownsVllle.
or were accessories thereto. and wholly inde-
pendent Of the question OF whether or not the
resident Of The United States acted in his legal
and constitutional authority" etc This substi-
ute was tabled. on motion OF MIR. Foraker. by
viva vOce vote.
THE RESOLUTION PASSED.
Senator Stone. after some more or less humor-
GUS reference 70 Mr. TiIlmans speech of yester-
day. said ne regarded The reconstructed For
aker resolution as manifestly compromise"
Senators Foraker and Lodge have shaken
hands across the bloody chasm." said Mr.
Stone. and although every one is agreed. no
one is satisfied Our friends on the other SIDE
are al Deace watching and waiting with muz-
zled daggers-but they are at peace"
Senator Culberson then reviewed the history
of the debate. quoted from the record 20
show that Mr. Foraker had cnaIieneeo uhe
legality and Justice Of the Presidents course
and finally offered a resolution which provided
That in the Judgment Of the Senate the Presl-
dent was authorized by law and justified by the
facts in discharging without non9r; aeo sY,cS
discharge. the enlisted men, etc.
Senator Foraker's motion 70 table TINS SUD
stitute carried by vote OF 40 70 ~. q eS sl.acS