Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-16
SAVAGE ATTACK ON
SENATOR 1|LLMAN
SpoonoP Of Wisconsin Practically
Calls The South Carolina
Man an Assassin.
HARDEST RAPs He HAS RECEIVED
The Pltchfork Statesman Announces
That He Will Soon Make Reply to
What He Terms "Insultins AlIu.
slons"-No Vote on tire Brownsville
investigation Resolution in Sight.
(By Associated pressl

"Aof1iNIlON, II. u, Jan. 10
Goaded by frequent Interruptions from
Mr.. Tillman, during the speech of
MIR. Spooner in the Senate today. on
the resolution for the investigation of
the ARRAY at Brownsville, was chang
ed from constitutional argument in
defense Of President Roosevelt in dis
charging negro battalion of the army
TO a severe arraignment of the South
Carolina senator. He quoted from
Mr.. Tillman's utterances defending
lynching as means of controlling ne
grces and said that to encourage such
mob violence was q disgrace to civil.
ization. Mr.. Tillman was not permit
ted to reply to this criticism at the
time, but at the conclusion of Mr..
Spooner's attack, declared that at an
early date he would take occasion to
defend himself against the "insuIting
illusions" made by Mr.. Spooner-
The bitter feeling provoked by the
controversy between the Senators
makes 1t impossible to say when q vote
can be had on the resolution. 1t Is
expected debate will now be extended.
Mr.. Spooner took the position that
article 4. of the articles of war gives
to the Commander In Chief of the
Army the power to dismiss the troops
in the manner employed. He referred
to the affair at Walla Walla, Wash
ington during President Cleveland's
administration, and said that the in
Yesttgation of that disturbance result
ed In recomm endation that the four
companies involved be dismissed. He
said that the only reason these men
We're not dismissed was because
there had been no authority for such
action. The order providing for dis
missal without honor" said Mr..
Spooner was made to meet just such
case. 81 never heard until yester-
day." said Mr.. Spooner. that the
President had not the power of send
ing forces wherever he choose.
never heard that that was not part
OF the power of the commander until
this was proclaimed yesterday by the
Senator from Georgia." (Mr. Bacon).
Congress Does Not Govern.
The point was made by Mr.. Spooner
that the constitution does not say
that Congress has the power to gov
ern the military forces, but to make
rules for the government Of the
army. He claimed that the words ito
make rules" meant that the enforce
ment of the regulations for the gov
eminent of the army rests absolutely
Chief In eases where CONGRESS- has
leeislated to reappoint men to tho
army and navy, Mr.. Spooncr said
that 1t merely gave to the President
authority in his discretion to reap.
point men or permit their reinstate-
ment.
On this subject he engaged in a
brief colloquy with Mr.. Bacon in
which the General Fitzjohn Porter
case was referred to and it was re.
called that President Arthur had We
toed the first act of Congress con
corning General Porter on the ground
that Congress had no right to pass an
act to compel him to reappoint any
man BY name.
Says Mr. 5acon's Position Is Wrong
Mr. Spooner declared that Mr.. Ba
cons position was in utter disregard
to the constitution itself, that ALSO
lutte power has to be lodged in the
government somewhere, and in the
case under discussion this absolute
power had been divided between the
President and Congress. He said the
question of whether the 167 negro
soldiers had been discharged from the
army by an order not in accord with
the Presidents constitutional authori.
ty could be tested any day. These
men may go into the court of claims
and sue for their pay and there test
tho constitutionality of their dis
charges.
Discussing the great discretionary
power placed in the hands of the
President as Commander in Chief of
the army and navy Mr.. Spooner said
that he agreed in bad hands that
power might protect the vilest of
murders and the most dangerous as
sassins, but 1t was necessary to To-
cate this great authority somewhere
and 1t was thought best to test the
responsibility OF the executive to the
people IF the President abuses his
privilege" said Mr.. Spooner, "if he
violates his oath of office, this Is not
the place to discuss his course. The
method for his punishment is provided
for through the other end of the cap
itol."
Hot One FOR TIllman.
Mr.. Tillman sought recognition, but
Mr.. Spooner first undertook to learn
the lepgth of the question he propos
ed to ask. Mr.. Spooner had criticised
the course of the officers of the bat
talon and had spoken of the Presi
dents confidence In Major Penrose
'I'll make my question like bullet
said Tillman.
The question was as to why the
President had not adopted Major