Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-01-16
South Carolina Senator Listens
to Bitter Arraignment of His
DisgfacefuI D eff e n S e 0 t
Ly0ching and Mob Law.
SOUTHERNER'S RABlD
UTTERANCES RIDiCULED
Bitter Feeling Provoked by
Wisconsin Member Prom
iSes to ProIong Controversy
Over Discharge Of Negroes

1910 w Y VIVID Coilt' y ~
Over Discharge of Negroes
rRv Morpng journal Special Leased Wire.l
washington, Jan. 15.-The feature
of the days senate session was CON
stitutional argument by Mr.. Spoonel
of Wisconsin upholding the president
right to discharge the negro troops al
brownsville The remarks We're ques-
toned by Mr.. Tillman, ana the Two
engaged in a heated controversy. MT
Spooner made a bitter attack on the
South Carolina senator.
Mr.. Tillman was not permitted 70
reply at length but at the conclusion ol
Mr.. Spooner's speech declared that al
an early date he would take occasion
to defend himself against the IN
sulting illusions made to him.
Senator SDooner said he could noi
agree that the -chief OF
the United States army. either in time
of peace or war was under the su-
preme command of congress, though
he admitted that congress had the
mower to determine the oath of enllst-
ment the duration of the term, the
nav the method of punishment aho
many other regulations for the gov
ernment of soldiers The constitution
he said made the president the com.
fnAnueH-l -lQ~CnfbI Dl the ilih9 0ANh1%'
defining his functions, and while con-
grass has the mower to abolish the
army altogether, as long as there is az
army the eommander-fn-chi is III
supreme command Of 1t.
II never heard until yesterday
said Mr. Spooner, that the presldeh'
has not the prsver of sending force
where he chose i never heard thai
that was not a part of the power o.
the commander-in-ehief until thi'
was proclaimed yesterday by the sena'
tor from Georgia" (Mr. Bacon)
The point was made by Mr.. Spoonel
that the constitution Goes no sds
that congress has the power 10 soNei
the military forces, but to make rules
for the government of the army. ne
claims that the words ito make rules
meant that the enforcement OF lhe
regulations for the government OF tne
army rests absolutely with the presl-
dent as eommander-in-ch chief. In cases
where congress has legislated 70 reap
poInt men to the army and navy, M
Spooner said that 1t merely gave lh'
president. in his discretion. the power
to reappoint men or to permit thei'
re-enlstment. ,,.,.
'I believe" said Mr.. Spooner tina
the president or the secretary OF wa wa
has the power, ,-and ought 10 nave th'
mower. to discharge at their d1scretioi
whose service in the opinion OF MS su
perior officers Is detrimental TO th'
service" ,..
Discussing the Walla Walla distur
bance, which occurred during the az
ministration of President clevelaiiu
Mr.. Spooner contended that - M rs,,
regulation authorizing dlscnaI y
without honor" had been in erect I'M
four companies involved would nav
bcen dismissed and the entire couh
try would have applauded
While agreeing with Mr.. Forahe
that the president has no power ~ =
punish troops Mr.. Spooner de1ehue'
the chief executive against the charg
of usurnation in discharging the smol m
diers of the Twentyfifth infantry
Every man charged with a crime
entitled to his day in court ne aolil,e au
ted but at the same time ne Soa r
tended that in the present case tnet i,
is no charge to justlfy an IN i
ment of the presidential authority:
Mr.. Spooner explained the failur'
10 turn over to the Texas civil authol
tiles the perpetrators of the Browns
vile crime bv saving il had been III
possible to identify them. .,o
Sharing with them. black as LIZ .he
are the fame of q soldier in Cupa
can anvhodv doubt that the presfden
i arrived at his conclusion with uS1
reluctance and none can doubt ms sIii
cerity i'm the course he entered upoh'
he said impressiVely.
Expressing the opinion that some sos.e y
the men of the discharged battaio
i were guilty. Mr.. Spooner askSu Wo sno
the president was to do in the lao
Of the fact that both innocent an
guilty stood mute. .,,,
What town" he asked, Wou'
want the men who were charSsu va w,
making an attack upon defenseless a.. -.
izens and shooting at women VIZ VIZ
government weapons. men EN- polut,a, poll,tS,,,,
bv their successful attacks wllhuu
4 detection might commit the sa''
crime. or worse, again p -,
Therefore he justified the presioeh'
d course. - 80
The men. he continued. could ne ne
n have been sent to anv other so ~ si,ea !,
Il town, and even Sergeahl -,
Sanders with his twenty-slN ysalS .
honorable service, could not nave ~. n,
10 South Carolina. the state o. ~, m
birth. without running the risk Oh p'
ing shot down. - ,
Would the senator like for hlm
i be sent to Wisconsin," asked Sena'-
Tillman.
4 would not object at all. as far
81 he Is concerned retoileu
Spooner =,
Later. Mr.. Tiuman asked
Spooner TO Weld to him and the "
consin senator said he would az A..
question. but when Mr Tillhian AZ a.
gan his question with a statement, NJ
SpooHer said he had not yielded i"i
speech.
IF | wanted to make sDeecn
should do SO and speak directly 50 ~ ~
II ] should be understood" deciareo VI
Tillman.
4 don't know about that" repii'
Mr. S9o0ner
Mr.. Tnlman's question related =,
me charges against the men