New-York tribune., 1907-01-17

sview the legal and constitutional phases of his
order of dismissal
Mr.. Foraker then introduced a substitute
for his former resolution the Spooner-Knox COM
promise. which was contained IN these dis
patches TO The Tribune of January 8. and
sion OF which, differing only in unimportant
words. was introduced as substitute by Sen
ator Lodge on January Z.
This resolution directs the Committee on Mill
tary Affairs to take testimony for the purpose
OF ascertaining the facts with reference to the
ARRAY at Brownsville. Tex, on August 13. 1905"
The contention of Senator Lodge and spooner
that ell investigation of the Presidents order OF
Dismissal should be entirely eliminated is thus
conceded. and Mr.. Lodge has agreed to the adop-
ton Of the Foraker version. Mr.. Foraker ex-
planned that he offered the substitute to meet
''ths differing views OF Senators" He admitted
that Il was not within the power OF the Senate
70 restore the dismissed TO the army or
alter the effect Of the executive order. but
pressed tie belief that many OF the dismissed
men would be able. by means Of an investiga-
ton OF the facts to establish their innocence to
the Presidents satisfaction.
OTHERS SUPPORT PRESIDENT.
When. because OF the lateness of the hour. the
senator from Ohio was obliged to suspend. he
was safely ensconced on the Lodge-spooner band
the whip at any one who had the temerity 20
offer the slightest criticism OF the President
his order OF dismissal. But although he had
clearly shown that his proposed substitute
would limit the investigation TO the facts
nscted with the ARRAY, he said that he had Of
fered Il with the understanding that one
else would say that # limited the scope Of the
inquiry. Senator Lodge purposes to- withdraw
his substitute IL favor of the Foraker version.
and Will then take occasion 70 define the extent
TO which Mr. Forakers substitute limits the in
veEtigation. as he at least, has had under
standing to the contrary with the Senator from
Ohio.
Senator Knox Immediately preceded Senator
Foraker with e brief but able speech. In which
be quoted numerous authorities TO establish his
contention that the Senate was without power
10 review an act of the President commander
In chief OF the army. Having clearly established
his legal contention. the Senator from Pennsyl-
rsnia added his conviction that the President
rould not have permitted the status Of the 25th
Regiment 10 remain unchanged after the ARRAY
at Brownsville, and that the Executive pursued
the only possible TO him In view of the
fact that he was unable to identify the culprits.
y opposed TO the adoption OF any resolu-
ton which seems to authorize an investigation
Of the rights of the President In this matter,
said Mr. Knox in closing his remarks
Earlier in the day Senator Carnack had de-
hyered an able speech IN support of the Presi-
dent. and Senators Stone. Money and Hepburn
also indorsed the course of the Executive. the
latter ernphatically opposing the adoption OF
any resolution which did not clearly show On
its face that the Senate did not overestimate
its powers by assuming the right, which 1T
obviously did not possess, TO review the course
CT the President.
Senator Foraker will go on with his remarks
tomorrow Immediately after the close or the
routine business. and it is hoped that his sub
stitute resolution may be adopted before
O'Clock when the eulogies on Senate Bate VIII
begin As Senator Lodge Will also speak brieny