Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-11

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burn law as long as the Elkins law stands
on the statute books by the side of 1t, for.
under the Elkins law, the remedy Is SIM
pie, complete and beyond question as to its
constitutionality. while the Hepburn law
lacks all of these qualities.
Now that we have the Hepburn law we
will get out of it all the good we can. but
1 predict that as time passes the objec-
tons to it will be further vindicated, not
only by further good results under the
Elkins law, but also by the disappointing
results of its operation that will be realized
generally by shippers and business men
all over the country.
The Brownsville Affair.
closed. There were numerous measures
pending and acted upon with which the
President was prominently identified. So
far as 1 can recall, l supported every one
of them. There was one matter. however.
about which 1 have taken different view
from him. 1 refer to the discharge without
honor, of the members of Companies B, c
and d of the 25th United States Infantry,
on account of the shooting ARRAY at
Brownsville, Texas.
This was an incident, not a policy. But
it was an incident of such character that
felt it my duty as a representative of the
people of Ohio to do with respect to 1t
what l have done.
1t was charged-and the President was
made to believe-that certain men of the
18th Infantry had made a murderous mid
night assault upon the sleeping men, wom-
en- and children of Brownsville; that they
had "shot up the town, as the expression
goes. and that they had killed one man
and wounded another, and put In jeopardy
the lives of many. He believed that this
was done by few, but that others Of the
battalion knew and refused to disclose the
identity Of the men who did it.
AS result he ordered that the whole
battalion should be dismissed without
honor the innocent and the guilty alike;
the guilty because they were guilty, the
battalion knew and refused to disclose the
tinguished from the guilty.
Hard on Old Soldiers.
Among these men were old soldiers who
had seen many years of service. Their
services had been honest, faithful, gallant
and distinguished. One of them had
served continuously for twenty-six years.
In fifteen months more he could have re-
had been rendered not only on the from
tiers Of this country, but in Cuba and in
the Philippines. 1t had covered both war
and peace. In all that long period not
one single black mark had been registered
against him. He had never been court
martialed; ne had never been punished;
he had never been even reprimanded On
every one of his numerous discharges it
baf oh
lent, and that his services had been eff
ficient.
His case is but an Illustration, in a little
stronger degree, of many others. A num-
Der had served more than twenty years;
many of them almost twenty years; all
had acquired distinct and valuable rights,
and all these rights were swept away
from them in an instant by an executive
order, which put them all alike in COM
mon disgrace, and sent them adrift among
their countrymen, whom they had done
so much to defend, branded as criminals
who had either participated in the shoot
ing. or who had become accessories after
the fact, by protecting criminals who had.
No Opportunity to Be Heard.
These men had been given no opportuni-
ty to be heard. It seemed to me that no
man in this country was so humble that
he should not be given a day in court
somewhere, or some time, Or some place,
to make his defense, confront his accusers
and refute their testimony against him,
and especially should soldiers have the
benefit of such hearing
I believed that this was their right I'M
der the Constitution. I did not believe
that even the President, as commander-in-
chief of the army. had power to deprive
them Of this right.
But without regard to that question, I
felt that they should have this opportuni-
ty. I secured it for them. 1t was a long,
hard contest in the Senate, which resulted
in the adoption of a resolution ordering
an investigation.
I spoke repeatedly in favor of the propo-
sition, but the record will be searched in
vain to find one word of disrespect toward
anybody, from the President down to the
humblest man figuring in any way in con-
nection with the matter.
Great, Broad Question.
1t was with me simply a great, broad
question of constitutional power on the
one hand. and constitutional right on the
other. 1t has been said that it was an
effort to secure the negro vote. 1t tries
the patience to answer such charges-but
that claim might be disposed of. one would
think, by the simple statement that for
more than thirty years I have been hon.
ored with that vote almost to man, and
simply because, as in this case, 1 have
always upheld their rights under the Con-
stitution and the laws
The investigation has been in progress.
1t is not yet completed l would prefer not
to speak of the results until they have been
fully determined: but challenged as l am
1 do not hesitate to say that the testimony
so far taken justifies the investigation. I
cannot here and now analyze the testimony,
but it is enough to say that the evidence
already taken warrants the belief that not
a man in that battalion fired a gun. 1 do
not believe any testimony can be secured
that will refute anything that h1s been
established.
All Were Innocent.
am not alone in this belief. All the off,
GERS of that command. who at the begin
ming were by circumstantial evidence made
to believe some of their men had been par
ticipators in the shooting. are nov of the
nnipion-and have 90 teStified-that all we're