The Birmingham age-herald., 1907-01-08
Massachusetts Senator Defends
 Dismissal of Troops
QUESTION OF FACT AND JAW
Offers Substitute for Foraker Resolu- ton Eliminating Any Review of the Presidents Action-Con-
 troVersy Is Not Ended.


 Washington, January 7.-At the con- clusion of the days debate in the senate 1t was agreed by senate leaders that settlement of the controversy between Senators Foraker and Lodge the discharge of the negro troops of the Twenty fifth Infantry, was not in sight. Prior to the speech by Mir. Lodge 1t had been the intention of Mir. Foraker i to offer q substitute for his own reso- lutlon, and in this substitute ask the committee on military affairs to conduct an investigation into al, Of the matters pertaining to the affray at Brownsville. Texas The term "all of the matters 1t is said would have permitted an in- qury into the constitutional questions. although that would have been a ques- | ton for the decision of the committee. Senators who sought to end the con- troversy between ,dr. Foraker and sup porters of the Presidents action, assumed i that the military affairs committee would have considered that the consti- tutional and legal questions involved were for the deliberations of the judi 1 ciary committee.
 Mir horaker said that he cared little i for the phraseology but he did object to Mir Lodges interpretation of the substi- tute prepared by MT. Knox and offered ! by the Massachusetts senator. ! Tais caused him to oppose the Lodge substitute. but it is expected he will offer tomorrow a substitute of his own.
 fN .tu q -f. af ha 1 Brownsville incident in the senate to- day, Senator Lodge presented his sub stitute resolution, prepared by senator Knox, eonfning the proposed senate in- quiry to the "affray'' at Brownsville and f eliminating any review of the Presidents action He accepted MT Culbertsons amendment authorizing the committee to visit Brownsville if 1t desired.
 MT. Lodge followed Senator Gearln, who had concluded a two hours speech on the Japanese question. The galleries including that reserved for the diplo- matic corps was crowded and many peo- pie stood in line for admission in the corridors
 Lodge Speaks.
 1.-TWO qestions are here involved ques- tion of fact and question of law. They are entirely distinct, they ought to be set tied separately and neither should be per mitted to cloud or obscure 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 August 13. | 1906; houses were fired into; one man was | killed and the lieutenant of police had his horse shot from under him aud was so severely wounded in the arm that amputa- | ton was necessary. These facts are ad- 1 mitted and not disputed by any one. | This shooting was done by some one; It | was done either by United States sol- diers from Fort Brown or by inhabitants of the town Of Brownsville.
 "There was one else, and it Is not pretended there Is anyone else who could have done it. The President, the Secretary 1 of War and tn officers of the army de- | tailed 10 inquire into the affair have de- cided that the shooting was done by the soldiers and furnish testimony to sustain ] their opinion. The Constitutional league representing the soldiers deny that the | shooting was done by them, and assert | that 1t was done by the citizens of | Brownsville disguised in 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 upon the troops of Fort l Brown.
 "one of these two propositions must be 1 proved for general opinions are of no use here Ii will be the duty of the committee under the resolution 10 take all possible testimony and decide whether this shoot ing was done by be soldiers or by citizens Of Brownsville his is the question of | fact It lnvnl' $ an only the innocence or the guilt of fha soldiers, but the inno- cence or guilt of the inhabitants of | Brownsville
 Question of Law.
 The question of law Is whether the Presi- | ident in dismissing these companies with out honor exceeded his powers under the law and the constitution. This question can be settled by the Senate just as well now and I think better, than at any other time without the least regard for | the committees decision as to the ques- ton of fact. It is purely question of law, and I think 1t ought to be detached 1 from tine question of fact and settled at l once because I think that confusing one l qrestion with another has already done | harm, tends toward injustice and will create great delay and prevent prompt action
 "The constitution makes the President l commander-i -in-chief of the army and navy | of the United States. and Congress Is | given authority to make 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 guar anteed to all persons who are held to an- | swer for capital or otherwise infamous crime. In making the President commando ir-chief the constitution conferred upon him all the powers and authority ordnar- fly exercised by the commander-in-chief under the military law of the times
 "The comma nder-in-chief has as such the right inherent in his office to punish or discharge except so far as 1t is limited ,I.fa l,tr Iax 1a + which has enacted the articles of war. On this point of punishment or discharge the articles of war are perfectly explicit.
 Article 4 provides that no enlisted man, duly sworn shall be discharged from the service without discharge in writ ing signed by a field officer of the reg | iment to which he belongs or by the com manding officer. when no field offices Is