The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1907-01-10
LODGE IN BREACH
Presidents BuIwark in Sen-
ate Defends His Act
In DISCHARGING NEGROES
Strong Speech of Ssnat.r Dealing
With Question Of Law and Fact
In the Case-Foraker Replies
in Negative.

A Washington special says: Senator
Lodge spoke at length before the sen.
ate Monday in regard to the Browns
vile affair. Mr.. Lodge said in part:
1.-Two questions ere here involved, a
question Of fact and question of
law. They are entirely distinct, they
ought 10 be settled separately and
neither should be permitted to 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 Au-
gust 13, 1905, houses were fired into,
one man was killed and the lieuten-
ant of police had his horse shot from
under him and was so severely wound
ed in the arm that amputation was
necessary.
These facts are admitted and are
not disputed by any one. This shoot
ing was dGle by some one, it was
done either by United States SOL
diers from Fort Brown, or by inhabi-
tants of the town of Brownsville.
There was no one else, and it is not
pretended there is any c,ae else who
could have done it.
"The president, the secretary Of
war and the officers Of the army
detailed 10 inquire into the affair have
decided that the shooting was done by
the soldiers and furnish testimony to
sustain their opinion. The Constitu.
tional League, representing the SOL
diers, deny that the shooting was
done by them and assert that it was
done by the citizens of Brownsville
disguised in cast eff uniforms Of the
troops and provided with exploded
shells from the government ranges,
who committed this outrage for the
purpose of casting odium upon the
troops of Fort Brown. One of these
two propositions must be proved for
general negations and are OF no use
here.
1T will be the duty of the COM
,nittee under the resolution to take
all possible testimony and decide
whether this shooting was done by
the soldiers or by citizens OF Browns
vile. This is the question of fact.
In it is involved not only the limo
cence or the g'lilt of the soldiers, but
the Innocence or guilt Of the inhabi-
tants of Brownsville.
"The question of law is whether
the president in dismissing these
companies without honor exceeded
his powers under the law and the
execution. This question can be SET
tied by the senate just as we'll now
and / think better than at any other
time without the least regard for the
committees decision as to the ques-
ton OF fact. 1t is purely question
of law and 1 think it ought to be de-
tached from the question OF fact and
settled at once because | think that
confusing one question with another
has already done harm, tends towards
Injustice and will create great delay
and prevent prompt action. The con-
stitution makes the president COM
mander in chief Of the army and navy
of the United States and congress IS
given authority to make rules 10:
the government and regulation OF the
land and naval forces
"In the fifth amendment of the con-
stitution the land and naval forces are
excepted from the rights guaranteed
to ell persons who are held to an
swer fer a capital or otherwise in
famous crime In making the presi-
dent comnlander.in-chief the constitu-
ton conferred upon him all the pow
ers and authority ordinarily exercised
by the commander-in-chief has, as
such, the right Inherent in his Office
to punish or discharge except GO far
as it is limited Or regulated by the
law-baking power which has enacted
the articles Of war.
. MIR. Foraker replied vigorously TO
MIR. Lodges speech, taking issue with
the Massachusetts senator on both
the points as to the law and fact
He declared that there is no auto
cratic and unrestrained power in this:
country, not even in the commander
in-chief of the army.