The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-01-11
FORAKER talks ON
THE NEGRO ORDER
OHIO SENATOR CONTINUES THE
DEBATE ON THE "SHooTiNG
UP" OF BROWNSVILLE.
Opposing Lodges Resolution, He De.
cIares Presidents Power Is Derived
From observation-disclosures Favors
Court Review of Fraud Orders.

Washington, JAN S.-President
Roosevelt's dismissal of the negro
troops was again the subject of con-
tention in the senate Monday, and in.
dications point to protracted debate
before any of the pending resolutions
on the subject are voted on.
Senator Lodge developed new
phase of the question by presenting
resolution providing for an investi-
cation of the "affray" at Brownsville
and, by silence, conceding the au,
thority of the president to take the
action he did. This resolution was
supported by Mr.. Lodge in an address
and opposed by Mr.. Foraker, who fol-
lowed and spoke until $50 o'clock,
giving notice then that he would con-
clude Tuesday.
Source of Presidents Power.
Mr.. Foraker reviewed the objec-
lions of Mr.. Lodge to the Foraker res
olution. The substance he said, of
the Massachusetts senator's position
was that the matter involved two
fray, the other of law as to the pres
ident's authority. Mr.. Foraker said
he was opposed to the Lodge posi-
ton on both questions.
Mr.. Foraker denied that the power
of the president was deduced from
what was the power of the comman-
der-in-chief of the British army. 1t
must be deduced from the constitu-
tion of the United States. The power
the president derived from congress
was his legal power. 1t was not nee
essary, he said, to go to British prece-
supreme court of the United States
had spoken on the subject many
times and always had said simply it
was the presidents power to com
mand."
There is no autocracy in this coun-
try" said Mr.. Foraker; mo auto
cratic, dictatorial, unrestrained and
unrestricted power; no, not even in
the commander-in-chief of the army.
All power is derived from the consti-
tuition"
Defends Ohio Regiment.
When Mr. Foraker remarked, in the
course of his argument, land now I
come to the Sixtieth Ohio" stir of
interest swept the chamber and gal
lerieS.
"Will some one tell me why the
regiment was cited as precedent?"
he asked. and replying to his own
question said, But know, and every
one here knows why it was so cited.
1t was the bravest regiment that
ever wore the uniform" Mr.. Foraker
maintained that the regiment had
been honorably discharged. He said
he had been flooded with letters, and
a number of these he read to show
that the regiment was disorganized
while under parole and held in the
service after it's term had expired.
Mr.. Foraker brought into light the
record of several New York regi-
ments, one of which he said had run
when faced by Stonewall Jackson's
veterans, and another of which had
abandoned Maryland Heights, the key
to Harper's Ferry. He did not wish
to make any disparaging comparisons.
"But," he added, when you are TAX
ing the history of regiments you must
take them as you find them"
TiIlman Asks "Why?"
Just as Senator Foraker was con-
Guiding Senator Tillman arose, and
said he would like to hear from the
senator just why it was that the Six
tieth Ohio had been picked out"
ct is such a delightful experience
to keep something back that I think
I shall disappoint the SENATOR" Mr..
Foraker replied, smiling.
Senator Tillman made one more
appeal for information and asked If
Senator Foraker was not a member
of the regiment. Senator Foraker ex-
planned that it had been enormously
stated that he was, but that in reality
the Eighty-ninth Ohio was the only
regiment to which he had belonged.
Perhaps somebody at the war de-
partment may have thought the sena-
tor got into the regiment" persisted
Senator Tillman.
II don't know that the war depart
ment thought of that was the. an
swer, "but it is possible that some
body at the war department or some
other place remembered that the SEN
ator from Ohio lived in Ohio"
Review of Fraud Orders.
The house Monday passed a bill
providing for judicial review of Or
ders excluding persons from the use
of United States mail facilities, after
a debate extending over the major
portion of the day. In presenting
reasons why the bill should be passed
Mr.. Crumpacker said the power given
the postmaster general under the stat
utes to issue fraud orders was not at
all an administrative discretion. 1t
rather partook of the nature of a po-
litical power for the regulation of the
morals of the people of the country.
Grants Trainmaster Dies.
st. Louis, Jan. 8.-William H.