The Montgomery advertiser., 1908-03-12
Negro Soldiers Are Dis honorably Discharged
THE BROWNSVILLE AFFAIR
President Recommends Time Ex-
 tension for Reinlistment.
senate committee Finds Soldiers Gaiisy, But Falls to Identify Par sicuisr Ones who Participated
 In Array.


 Washinron. March 11--Reports from the Committee on Military Affairs were presented to the Senate today in regard to the investigation of the anray at Brownsville, Texas, which resulted in inc discharge. without honors, of three companies of negro soldiers of the 2bth Infantry.
 At the same time, a message was re- ceived from the President, calling att tention to the fact that the testimony taken by the committee sustains his position in discharging the negro sol- diers. He recommends extension or the time for re-enlistment of the dis- charged men who must be found not to fall within the terms of the or der There were four Republicans ol the committees who signed the mag0rlsy report Senators Warren. Lodge, War ner, Dupont. Taliaferro. Roster, over man. Frazier and McCrearya A minor itv report was signed by Senators For aker. Scott, BuikIey and Heninway. The majority report found as foi- lows:
 tee, the shooting was done by some or inc soldiers belonging to the 2Sth ln- fantrv: that the testimony fails to identify the particular soldier or sol dfers who participated in the array. II is stated that there is consideraDie con tradiction in the testimony. but that taken as Q whole and reconctling 1t Wherever possible, 1t proves the case outlined in the majority decision
 The principal minority report was nrasented by Senator Scott and takes the position that it was impossible to ascertain who did tho shooting anu makes the recommendation that the ne- gro soldiers be restored. n aue,ssoh .s.' fo this minority report, Senators For alxer and Bulirley, joined in supple mental report which was presented by Senator Foraker.
 Unreliable Testimony.
 Senator ForakeF' report declared that the testimony of the eye-witnesses against the negre soldiers Is not res liable and that ne motive for tneir al- lexed connection with the anray had besn shown. He summed up the tes- tlnonx taken by the senate conittee
 .aThat it wholly fails to identify the particular individual or any of them who participated in the shooting; that if fails to show that any of the dis- rbarred soldiers of the sBth Infantry had entered into any agreement or so- called conspiracy of silence or that they withheld information possessed ny them for the shooting; that the testl- mony is contradictory and not sufit- cient to sustain the charge that the soldiers we're connected with the snoot- ing and that the weight of evidence shows that none of the negro soldiers participated in the afRray-
 A supplemental report signed by Senators Warren, Lodge, Warner and Dupont. declares that under the evid- ence 1t was shown that the assault was perpetrated by members of the battal- iion but that 1t is reasonable to be- ifeve that all of the soldiers were not concerned in the commission of crime. either as principals or accessories, They reconimend that 1t would be jus tice to restore to all of the innocent men. the rights and privileges which had accrued to them oy reason or their previous service in the army. bill is presented authorizing the Pres fdent. within one year after the pas sage of the act. to authorize the en- lietment of any of the men whom he may be satisfied had no connection with the shooting. Senator Foraker includ- "a in his report, a bill, previously in- troduced. which provides for the same general purpose. This bill, however. would compel the War Department to accept the enlistment of any one of the discharged negroes who makes oath that he was not connected with the shooting.
 Presidents Message.
 The following is the text of the Presidents message to the Senate:N
 On December 12. 1906. the Secretary of War, by my direction, issued the following order:
 Applications to re-enlist from for mer members of Companies B, c and D. | 25th Infantry, who were discharged under the provisions of Special Order No 26e, War Department. November g. 1906. must be made in writing and accompanied by such evidence, also l in writing. as the applicant may de- sire to submit, to show that he was neither implicated in the raid on Brownsville, Texas. on the night of August 13 1908, nor withheld any evil 1 dence that might lead to the discovery l of the perpetrators thereof"
 Proceedings were begun under this order but shortly thereafter an inves- tigation was directed by the Senate and the proceedings under the order | were stopped. The Senate committee 1 entrusted with the work has now com pleted the investigation and finds that | the facts upon which my order of dis | charge of November 9, 1906, was based, | are substantiated by the evidence. The | testimony secured by the committee Is | therefore now available, and desire | to revive the order of December 12. | 1906. and to have 1t carried out in l whatever shape may be necessary to | achieve the purpose therein set forth. | any additional evidence being taken | which may be of aid in the ascertain nnent of the truth. The time limit dur 1 ing which 1t was possible to reinstate any individual soldier in accordance | with the terms of this order, has, how ever expired. therefore recommend | the passage of law extending this | time limit, so far as the soldiers con- cerned are affected, until a year after 1 fhe passage of the law and permitting | the reinstatement by direction of the | President of any man who in his juds- | ment shall appear not to be within the | class whose discharge was deemed ne- cessary in order to maintain the disci- | plIne and moral of the army.
 eSigned) Theodore hooseVeH The White House, March Il. 1908. |
 Legislation Necessary
 Senator Culberson inquired why leg islation was necessary to permit the | reinstatement of the soldiers of the | 26th regiment, and Mir Warren. chair man of the committee, replied that the | President had no authority to restore l n. .aN-.-