Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-23

The Senate yesterday afternoon passed
the compromise Foraker resolution author
icing the committee on military Affairs to
Investigate the facts of the ARRAY at
Brownsville, Tex, the nights of August Ii
and Il last, without questioning the legal
ity or justice Of any act of the President in
relation to or connected with that ARRAY.
This action came after the subject OF the
Presidents discharge of the negro troops
had been under consideration almost daily
since the first day of the present session OK
Congress, and every phase of the question
had been discussed on all sides. Before the
adoption of the resolution several substi-
tute measures were voted down. One by
Senator Mallory declaring that the Presi-
dent had authority for his course and acted
Justly was tabled by a vote Of 43 to = An
other by Senator McCumber simply provid-
ing for an investigation, without reference
to the President In any manner. was taoiea
by a viva voce vote. third, by senator
Cuiberson, simply indors;ng the Presidents
action and providing for no investigatlon'
was tabled by roll-caH vote OF 40 10 10.
There was no record vote on the resolu-
ton adopted.
Mr.. Mallory's Substitute.
When the SENATE TeSuuicO SoS'uSi~S-o
of the Brownsville matter Mr.. Mallory Of
fered a substitute for the compromise reso-
linton presented Monday by Mr.. Foraker
Mr.. Foraker Immediately moved to lay
the substitute on the table. but later with
drew his motion to permit senators to
sneak The resolution of Mr.. Mallory pro-
vided for an investigation after resolving
as follows: THAT in the judgment OF the
Senate the recent action of the President In
without honor enlisted men VI
Companies B, c and d of the 18th infantry
was within the scope OF his authority anu
power and the proper exercise thereoi
Mr. Mallory said he could not support lhe
Foraker resolution because its language as
to the Presidents power was eauivocai
Senator Teller opposed the idea advanced
in a recent speech by Senator Lodge that lne
President inherited power from the KING.
This was a new doctrine and the Coiorado
senator said he could see how 1t might De-
come popular In some localities.
While willing to have an investigation 10
secure the facts of the Brownsville affair
Mr. Teller said he could not support any
provision with any expression either way
as to the Presidents authority in the mat
ter. The Senate. he believed shouio nut
raise that question at any time
Senator Bacon OF Georgia supported the
Mallory substitute. He characterized me
agreement among the republicans on the
their "extreme dexterity in forming meas
ures for which they can all vote, although
some of them are directly opposed In senti-
nent as in the matter to which that reso-
luton relates" The Foraker resolution ne
declared to be equvocal and ambiguous.
The Presidents Contentment.
When Mr.. Bacon remarked that II the
President was content with compromise
in such language on which those VINO OPP
posed and supported him could unite MT.
Aldrich asked Did understand the sena-
wi
President is content with the resolution Is
the main question:?
Mr.. Bacon replied that he thought and
had said that what the President might
think was far from the important deat su
Rhode Island had but one purpose in ms
question, and that was for me to empha-
size what I had said to the contrary.
Replying to Mr.. Bacon's argument Mr..
Foraker reviewed the history of the
Brownsville controversy in the Senate to
show that the question of the PRESIDENT
power had been raised by the message
ate on December II last. Mr.. Foraker
maintained that from the beginning all he
had contended for was the facts.
Mr. Bacon said in reply that while ne was
dent he yet believed the language proposed
In the Foraker resolution was an injustice
20 the President.
Mr.. Bacon wanted an opportunity to vote
dent had the legal power to discharge the
negro troops and on the question of tabiing
the resolution. He spoke of the ARRAY at
Brownsville as IAN unspeakable outrage.
The Substitute Tabled.
At the close of Mr.. Bacon's remarks
roll call was taken on Mr.. Forakers mo-
ton to lay the Mallory substitute on the
table This motion prevailed, 43 to e.
Messrs McCumber. Warner and LaFollette
voted with the democrats and Messrs. Tel
Ter and Tillman with the republicans
Mr.. McCumber. criticising the language OF
the Foraker resolution, offered substitute
in which neither the legality nor the Justice
of the Presidents action Is brought INTO
question. 1t was, he said, simply an au-
especial object of ascertaining who were
the innocent If any, who were being pun
ished.
Mr.. Foraker at once moved to lay the
substitute on the table Before this vote
was taken Mr.. Hepburn briefly explained
his opposition to any expression regarding
the Presidents authority and Mr.: Stone
took occasion to review Senator Humans
'.attempt at humor" Monday. He said he
had taken no offense at the reference to
himself in Mr.. Tillman's characterization OF
the Senate as "a minstrel troupe" and was
sorry the Senator from Tennessee (Mr. Car
mack and the Senate had eliminated II
from the Record. He was opposed to nav,
ing the Record "a tomb for piatituoes
and he hoped Senator Tillman would re-
consider his resolution mot to do so again.
but would soften his tone and make
many future attempts.
Mr. McCumbers substitute was then
tabled without a roll call. Senator CuiDer-
SON at once proposed another substitute
which provided for no investigation. out
simply resolved that the President was au-
thorized by law and justified by the facts
In dismissipg the negro troops
Explaining the need for the resolution ne
said the whole question was now IN the
hands of senators who opposed or denied
the authority or right of the position OF the
President. He read telegram ne had re-
Gently received from the chairman OF the
Rrownsyille citizens committee, which ex-
pressed the opinion that no further facts
were obtainable 'Purdy exhausted all
clues" it concluded. referring TO Assistcnt
Attorney General Purdy.