The Washington herald., 1907-01-08
FORAKER AND LODGE
UPSET PEACEMAKERS
CONTINUED FROM FIRST PAGE.

AluiiN less.
Mr.. Foraker followed Mr. Lodge I'M
mediately, and when he asserted very
positively that he was opposed 30 Mr.
Lodges latest resolution, rs well as %
the amendment introduced by the Massa-
chusetts Senator last Thursday. the
peacemakers doubted their own ability
more than ever, knowing, as they did,
that the new Lodge resolution was al
most precisely the same as the one Mr..
Foraker had in his pocket or on his
desk. After the session Mr.. Foraker
said that he was willing to agree to
almost anything in the interests of har-
mony. But, he added, If the people on
the other side wanted something other
than harmony, he was ready and willing
to give It to them. The peacemakers went
10 work again Immediately, and IT viii
be made manifest when Senator Foraker
resumes to-day whether or not they made
progress. The prevailing impression is
that an agreement viii be reached by
which the Lodge or the Foraker resolu-
ton, or one of the same tenor, providing
merely for taking testimony IN regard 10
the Brownsville riot, VIII be referred 20
the Committee on Contingent Expenses,
reported back to the Senate by the COM
mittee, and adopted. The Committee on
Military Affairs Will then go ahead with
its investigation. and report its findings
10 the Senate When the committee
report has been received the Senate will
determine whether it shall take up the
contention that the President exceeded
his constitutional and legal powers in or
dering the dismissal Of the negro soldiers.
Early in the session yesterday Senator
Culbers0n proposed an amendment to the
Foraker resolution authorizing the Com
mittee on Military Affairs, or a subcom-
mittee, 10 visit Brownsville. Mr. For
aker accepted the amendment.
Mr.. Tillman presented a resolution call
ing on the Secretary Of War for the cor
respondence relating 10 the shooting af-
fair at Athens, Ohio, in August, 1904, in
which regular soldiers and members Of
the National Guard Of Ohio were in
volved. Mr. Foraker explained that the
Secretary of War had furnished him the
information called for In the Tillman res
olutlon on his personal request Mr..
Ttllman thereupon agreed 10 withdraw
MS resolution. and ii was agreed 10 print
as document the information obtained
by Mr.. Foraker.
Large Crowds in Galleries.
The speeches Of Senator Lodge and
Senator Foraker were listened to by a
crowd which filed the galleries. and
large proportion Of the members Of which
remained until the Ohio Senator stopped
speaking, only a few minutes before @
O'Clock. The diplomatic gallery was
crowded. an almost Unprecedented occur
renee. Many OF those in the public gal
leries were negroes. Outside OF the gal
lery doors men and women were formed
in long line awaiting a chance 90 secure
seats in the overlooking spaces allotted
70 spectators. The debate was enlivened
by TWO OF three humorous remarks from
the Ohioan. and by Mr. Tmman efforts
10 lead Mr.. Foraker 10 explain what he
meant when he asserted that everybody
In the Senate knew why the Sixtieth Ohio
Volunteers had been held up as an ex-
ample OF soldiers discharged without hon
CT. The general opinion Of Mr.. Foraker's
address was that he had never made q
stronger presentation Of a case from the
legal standpoint
One indication Of the anxiety of the
President 20 score against Senator Fora
ker was furnished by the presence at the
White House yesterday Of several Repub-
lican Senators. among them Messrs. Hop
klns, Of Illinois, Hemenway, Of Indiana;
Hansbr0ugh, Of North Dakota, and Bur
kett, Of Nebraska The President told
these Senators in so many words that
be expected them % stand by him in the
Brownsville matter. II Is probable that
at that time the President did not know
that the amendment offered by Mr.. Lodge
last Thursday would certainly be defeated
II brought TO a vote.
Senator Lodges Argument.
Senator Lodges argument was, in part,
as follows Two questions are here in
volved. a question Of fact and a question
Of law They are entirely distinct they
ought not to be settled separately. and
neither should be- permitted 70 cloud or
obscure the other In the public mind The
question Of fact may be stated in this
way. There was shooting in the streets
of Brownsville on the night Of August l3.
1896; houses were fired into, one man was
killed and the lieutenant Of police had
his horse shot under him, and was so
severely wounded in the arm that amputa-
ton was necessary. These facts are ad-
mitted. and are not disputed by any one.
This shooting was done by some one: il
was done either by United States soldiers
from Fort Brown or by inhabitants Of the
town Of Brownsville. There was no one
else, and it is not pretended that there
is any one else who could have done IT,
The President. the Secretary OF War, and
the officers Of the army detailed to in
quire into the affair have decided that
the shooting was done by the soldiers
and furnish testimony 10 sustain their
opinion. The Constitution League repre-
senting the soldiers deny that the shoot
ing was done by them, and assert that Il
was done by the citizens of Brownsville,
disguised in Cast-of uniforms of the
troops, and provided with exploded
shells from the government target ranges
who committed this outrage for the pur-
pose OF casting odium on the troops Of
Fort Brown. One of these two PROPOSE
tions must be proved, for general mega
tiOns are of no use here.
Ancient Powers of Commander.
The question of law is whether the
President in Cismissing these companies
without honor. exceeded his powers under
the law and the Constitution. This ques-
tion can be settled by the Senate just as
well now, and. thing, better, than at
any other time without the least regard
for the cOmmittee's decision as to the
question of fact II is purely a question
of law, and l think it ought to be de-
tuched from the question of fact ad set
tied at once. The Constitution makes the
President Commander in chief of the
army and navy of the United States. and
Congress is given authority To make
rules for the government and regulation
of the land and naval forces In the