Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-12
The Emergency Fund.


close of the Spanish American war, 10
enable the President to meet emergency
army contingencies such as were then
arising in connection with our military
establishment, should have been construed
to be a permanent appropriation, ana
that there is still large uneXpended
balance out of which payments of the
character now under consideration are
being made.
Continuing MIR Foraker declared that
section 1913 of the revised statutes en-
acted In 1872. and still in force, directs the
head of each department to make an an
nual report TO Congress giving detailed
statement of the manner in which the
contingent fund of his department has
been expended. giving the name OF every
person to whom any portion OF such fund
has been paid.
This appropriation he said, being for
the War Department, the report should
have been made by the Secretary of War,
and he is not relieved of that duty by
the fact that the money can be expended
only with the approval of the President.
The Secretary of War evidently has en-
tertained this view, but so far as l can
ascertain no detailed or itemized reports
to Congress of expenditures from this
fund have been made. but only general
reports showing the aggregate sums eX-
pended for each year
The contingency under which this use
of the war fund of 1899 was used, Mr..
Foraker declared, was the remote one
that men should be required to prove their
innocence of crime before Il Judge who
had already pronounced them guilty under
a bill then pending in the Senate.
And all this insisted Mr. Foraker, lin
the presence of the fact that there was
the most bitter and determined opposition
TO the measure and that there was an
other measure pending which provided
that all might be re-enlisted who cared to
re-enlist, but that the right to further
prosecute before civil or military tribunals
should be reserved as to all against whom
any evidence might be secured In any
manner at any time after such enact
ment.
Employment of Detectives.
But. waving all technical or doubtful
objections and assuming, for the sake of
argument, that the constitutional pro-
vision quoted does not apply. and that
the ruling of the Treasury Department.
that the appropriation is permanent, is
correct, and that it continues to stand.
and Will stand. as an available apprO-
priation for such purposes as those for
which 1t was intended. until entirely eX-
hausted, the question remains whether
such payments as are now under consid-
Grafton are legitimate and proper to be
made from It, 1t would seem that, grant
ing all l have indicated. they are yet,
nevertheless, clearly illegal and in fiat
violation of the following statutory pro-
vision:
THAT no employee of the Pinkerton de-
tective agency or similar agency shall be
employed in any government service or
by any officer of the District of Column
bia.'
This provision was enacted In 1892.
and has been in force and effect ever
since. But, inasmuch as it was found in
an appropriation bill, it was thought
proper In 1898 TO re-enact it, amended
so as to employ the word hereafter to
the end that there might be no question
whatever about it's being the continuing
law of the land until repealed.
This re-enactment was in 1893 and
reads follows:
That hereafter no employee of the
Pinkerton detective agency. or similar
agency. shall be employed in any govern
ment service or by any officer of the Dis
trict of Columbia
This statute is still In force and eff
feet. unrepealed and unqualified. 1t was
in full force and effect at the time when
these contracts with Browne and Baldwin
were made by the Secretary of War.
In view OF these statutes all these pay
ments are clearly illegal. not only without
warrant or authority of law, but in plain
violation thereof"
Speaking of the use of private detectives
in investigating the Brownsville affair.
Mr.. Foraker declared: cit is Impossible to
find language with which to fittingly char
acterize such procedure as this detective
business has been from it's incipiency
down to the monstrous stages il has
ing TO every sense of fairness, justice and
even common decency.
Presidential Reiteration Criticised.
Mr.. Foraker reviewed the statements
made by the President in his messages to
Congress on the Brownsville affair. 1T
will be noted he said, that the guilt Of
these soldiers, as charged by the Presi-
dent, was, according to the President,
concluslvely established by the testimony
first submitted. He took occasion to re-
peat this in his first message over and
over again. Why he should so often re-
peat 1t is inexplicable except upon the
theory that he is. after all. like all other
men. and that, notwithstanding all he had
said, he had some doubt about the suf-
hclency or the testimony upon which he
had acted; for, If he had no doubt, there
could have been no necessity for such un-
usual repetition OF the statement Of that
fact 1t would at least appear to the ordi-
nary nina tnat AFTER the weakness and in
sufticiency OF this testimony was pointed
out he recognized the necessity for
strengthening his case, and thereupon dis
patched Mr. Purdy and Mai Blockson TO
ed by them
When he submitted these affidayits to
the Senate, he again. as in his former
message. affirmed that 1t .conclusiyely
and Overwhelmingly established the guilt
of the men, as charged by him, and went
so Tar as TO say that there was no room
left for any honest difference of opinion
and TO intimate that men who professed
10 have doubt had some unworthy motive
prompting that doubt, or that they mere
ly pretended to have doubt in order that
they might accomplish some unworthy
purpose.
In the message he sent to the Senate
after the report of the committee ON mill
tary affairs he reiterated that the facts
claimed by him had been by that testi-
mony thoroughly established
Hence 1t was that when the committee
reported. everybody apparently supposed
the investigation was ended and if any
one had thought about ii at all he surely
would have supposed that the President
who had formally in his messages to the
Senate over and over again. more than
dozen times. asserted that the testi-
mony overwhelmingly and 'conclusiyely >
and beyond any doubt and SO thoroughlv
as TO admit of no honest difference or
opinion about II, established the puilt
or the soldiers. would be content to rest
upon the testimony that had in these
numerous ways been gathered together
But not so. AS though conscious that
notwithstanding all his assertions and
declarations as to the sufficiency to Justify
his order of discharge, we were favored
with the further message of December IA
1OS IN which we were informed that
detectives had been employed by the
War. Department, and that they have
been at work for months-ever since April
16. 19OS-traveling about over the country
visiting these discharged soldiers irving
10 secure from them discriminating state
mentS and confessions of guilt and that