Omaha daily bee., 1907-01-16
SPOONER ON MILITARY Law
Wisconsin Senator Discusses Authority Of
President to Discharge Troops,
HOLDS THAT CONSTITUTION AUTHORIZES IT
A. COmmander-iB-Chief He Can RE-
move Men for Good of Service
aud Senate Cannot veto
His Action.

WARRINGTON Jan Is 80 Senator
spooner today resumed his speech Of the
Brownsville resolution. which he began
yesterday. He said he agreed that 1t Is for
congress to determine the oath Of enlist
ment of land and sea forces, the duration
Of term, the pay, the method OF punish
ment and many other regulations for the
government of the soldiers, but he could
not agree that the commandments Is
in time Of peace or war under the supreme
control of congress. The constitution made
the president commandments of the
army without defining his functions de-
clared Mr.. Spooner He read from de-
cislon I'm the Swayne case In the court OF
claims that congress may reduce or abolish
the military forces. but so long as there Is
a force the commander-in-chief is supreme
II never heard until yesterday" said Mr.
spooner, that the president had not the
pover of sending forces where he chose.
have never heard that that was not a
power of commander until this was pro-
claimed yesterday by the senator from
Georgia (Mr Bacon)." The point was
made by Mr.. spooner that the constitution
does not say that congress has the power
to govern the military forces, but to make
rules for the government of the army. He
claimed tina. the words ito make rules"
meant that the enforcement OF the regula-
tons for the government of the army rests
absolutely with the president as comman-
der-in-chief. In cases where congress has
legislated to reappoint men to the army
and navy, Mr.. Spooner said, 1t merely gave
to the president authority, in his discre-
ton, to reappoint men or permit their re-
enlistment.
Mr. spooner cited the recent act Of con-
gress authorizing the president to reap
point cadets 10 the naval academy after
they had been dismissed for hazing, say
ing that congress then merely removed the
bar against reappointment that had been
raised by congress.
BacOn's Theory Combatted.
Contendng that MIR. Bacons theory that
congress has supreme control of the army
and navy and over the commandments
Is the most dangerous proposition that
could be advanced. Mr.. spooner again
brought the Georgia senator to his feet
Mr.. Bacon insisted that there could be no
more dangerous proposition than that the
great power of the army and navy should
be lodged in the will of one man.
Mr.. Spooner declared Mr.. Bacon's posi-
ton was TIA utter disregard of the constitu-
ton itself, that absolute power has to be
lodged in the government somewhere and
in the case under discussion this absolute
power had been divided between the presl-
dent and congress- He said the question OF
whether the 1877 negro soldiers had been
discharged from the army by order
not in accord with the presidents consh-
tutional authority could be tested any day
Discussing the discretionary powers of the
president as commander-ln-chief of the
army and navy Mr.. Spooner said he agreed
that In bad hands that power might protect
the vllest OF murderers, the most dangerous
assassins; but It was necessary to locate
this great authority somewhere and 1t was
thought best to trust the responsibility OF
the executive to the people.
"If the president abuses his powers OF
privileges" said Mr.. Spooner, 'if he VIC
lates his oath Of Office. this is not the place
to question his course. The method for hi.
punishment is provided for through tn,
other end of the capitol"
Article Four Quoted.
Mr.. Spooner said he wished the procedure
I'm dischGrging the negroes had been differ
emit. 1t would have been much better II
there has been court of inquiry, but ht
thought the question Of power hinged or
article OF the articles Of war. The sena
tor said II was a perfectly plain PROPOSE
ton 10 him that this gave to the com
mander-in-chief the right to discharge mel
from the army without honor and that THU
Sale, IN substance, has been in existenc,
es long as the army. The article, he said