Omaha daily bee., 1908-12-15
FORAKER HAS NEW BILL
Senator Proposes to Create New Court
to Try Brownsville Cases.
SPECIAL MESSAGE OF PRESIDENT
Executive Sends Record of InvestIRa-
tiOn and Suggests Men BE Allowed
to Re-enIist Under Certain.
Conditions.

Conditions.
WASHINGTON, Dec. Ex-senator For
aker today introduced an amendment to
the bill providing for the re-enlistment of
the negro troops discharged without honor
because of alleged participation in the af-
fray at Brownsville, Tex, and addressed
the senate concerning the amendment. He
proposes in his new measure to establish a
tribunal, consisting Of retired army officers,
naming these officers in the bill, before
whom evidence may be submitted as to
the guilt of defendants and before whom the
defendants themselves might appear to
answer to charges. The measure is so
drawn as practically to take out Of the
hands of the executive, and give to a
tribunal appointed by congress, full author
ity to consider. the Brownsville question,
and by its findings provide for the re-en-
listment of the discharged negroes.
In addressing the senate Mr.. Foraker
said 1t was an elementary proposition in
American law that the accused may have
an opportunity to confront the accuser, and
to appear in person and answer evidence
with evidence. He said that he had not ex-
pected 1t would bic necessary to enter upon
a new investigation of the Brownsville
question, but that during the summer let
tiers had been coming to him from the
discharged negro soldiers, declaring That
detectives were constantly engaging them in
conversation. These men" - said senator
Foraker. ARE not secret service detectives.
of course. 70 they would have no right UNI
der the law to engage in such service"
Says Detectives Are Active.
Continuing. the senator spoke of the ac-
kt,,Itgn, 80 A. aA.- A. -.
correspondents, saying that in many cases
they went so far as to take up their dwell
ing with the discharged soldiers for the
purpose Of securing the confidence and
spying upon their The senator
read extracts from the letters, a large
batch of which he had In his hands as he
spoke. One of the soldiers wrote to Senator
Foraker that he was questioned by a de-
tective in respect to any letters he might
have received from the senator. There
seems to be a good deal of interest about
my correspondence" added Mr.. Foraker.
Upon the conclusion OF Mr.. Foraker's
remarks Mr.. Culberson moved that the
presidents message on the Brownsville af-
fair be read. and Vice President Fairbanks
directed that that be done, all the senators
present remaining in their seats and listen
ing attentively.
The clerk then read all OF the state
ments and other evidence submitted to the
War department, for which the presidents
message was merely a letter of transmit
tai This in contrary to the usual custom.
Ordinarily the general reports are sent to
the proper committee without the formality
Of reading. In view of the fact that the
report contains what purports to be a par
tial confession OF guilt by one of the dis
charged negro soldiers. much interest was
shown in the reading.
Message of the President.
ITO the Senate: 1 inclose herewith a
letter from the secretary of war transmit
ting a report of the investigation made by
Mr.. Herbert ]. Browne, employed by the
department in conjunction with Capt in
w. G. Baldwin to Investigate as far as
possible what happened at Brownsville on
August 10 and II. 1896. The report and doc
unents contain some of great
value and some statements that are OBJ
viously worthless, but 1 submit them In
their entirety.
This report enables Us to fix with toll
cradle def.niteness 81 least some OF the
criminals who took the lead in the muir
dorous shooting of private citizens at
Brownsville. It establis es clearly he fact
AAAAN kHN ~ $50 NAAS 10
but upon this point further record was I'M
necessary, as the fact that the colored SOL
diers did the shooting has already been
established beyond all possibility Of doubt.
The Investigation has rot gone far enough
to enable us to determine all the facts,
and we win proCeed with It, but IL has gone
far enough to dee. mine with SUI cient ac-
curacy certain tac.s of enough importance
to make II advisable that / place the report
before you. 1t appears that almost all the
members OF Company b must have been
actively concerned in the shooting. either
to the extent of being participants or to
the extent OF virtually encouraging those
who were participants.
"As to Companies c and ID, there can be
no question that practically every man in
them must have had knowledge that the
shooting was done by some OF the soldiers
OF b troop, and possibly by one or two
others In one OF the other troops. This
concealment was itself a grave offense,
which was greatly aggravated by their
testfying before the senate COMMITTEES that
they were ignorant OF what they must have
known. Nevertheless. It is to be said in
partial -extenuation that they were prob
ably cowed by threats, made by the more
desperate Of the men who had actually
been engaged In the shooting. as 70 what
would happen to any man who failed TO pro-
tect the wrongdoers. Moreover, there are
circumstances tending to show that these
misguided men were encouraged by outsid-
ers 20 persist in their course OF conceal
ment and denial.
Il feel. therefore. that the guilt OF the