Omaha daily bee., 1909-01-13

has been in force and effect ever since.
But inasmuch as st was found IN an ap-
preparation bill IL was thought proper in
1898 to re-enact It, amended so as TO EN-
ploy the word hereafter" 20 the end that
there might be no question whatever about
its being the continuing law OF the land
until repealed.
Declares Payments Were Illegal.
'oThis re-enactment was in 1893 and reads
as follows:
" That hereafter no employee OF the Pin
kerton Detective agency, or similar agency.
shall be employed in any government serv-
ice or by any officer OF the District Of
Columbia
This statute Is still in force and effect,
I unrepealed and unqualified. It was in full
force and effect at the time when these
contracts with Browne and Baldwin were
made by the secretary OF war.
I'm 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 that at is impossible to
find language with which to fittingly char
acterize such a procedure as this detective
business has been from it's incipiency down
to the monstrous stages it has reached. 1t
is atrocious, revolving, shocking to every
sense Of fairness, Justice and even common
decency."
Condemns Methods of President.
Speaking of the reply of the president
and of the secretary of war to a senate
resolution calling for information on the
detectives Investigations into the Browns
willie affair, Mr.. Foraker said:
This message of the president with it's
exhibits and this report Of the secretary Of
war present a new and most serious feature
OF this unhappy business. They not only
disclose determined effort on the part Of
the president to again bolster up the case
against these men which he has heretofore.
on numerous occasions, both officially and
unofficially characterized as conclusive
and overwhelming but that he has re-,
sorted TO a method in his effort to secure
such testimony that can not be f%ittinRly
characterized without the use Of language
which, il employed might appear to be dis
| respectful to the chief executive. And
worst of all, in this endeavor to secure
such testimony the president has, himself.
committed the serious offense-condemned
by every court that administers the COM
mon law, that has ever had occasion to
speak on the subject-of holding out ia
those men an inducement, or a reward. for
giving such testimony, in the form Of re-
enlistment, with full pay, and reinstate.
ment to all their rights as soldiers
Mr.. Foraker presented letters from vari-
Gus men concerned in the alleged confess
sions on the shooting up of Brownsville
denying in detail various statements made
by the detectives.
Reply by Mr.. Lodge.
When at $40 o'clock Mr.. Foraker con-
cluded Senator Lodge took the floor, say.
ing he had only one comment to make on
Mr.. Foraker's remarks, that being in rela.
ton to the legality of the employment OF
Browne and Baldwin without reference to
their methods or the merits of their work"
He said expenditures had been made from
this fund under President Mckinley, as
well as President Roosevelt. and also by
Mr.. Root, President-Elect Taft and General
Wright, each as secretary of war. No
voice had ever before been raised against
its use. No constitutional provision, Mr..
Lodge said, had been raised by these ex-
penditures.
The employment of Browne, he said, was
clearly not illegal, because he was not a
detective by profession, and belonged ~
70 agency. The clause under which objec-
ton to the employment is made IS that
mo employee of the rinkerton or similar
agency shall be employed in the govern.
ment service or by any officer of it or
of the District of Columbia" Therefore,
he said, the restriction should only apply
to Baldwin, who was a professional detec-
tive.
Going back to the intent" of congress
in legislating against the employment of
Pinkerton detectives, Mr.. Lodge said, it
grew out of the armed conflicts between
hundreds of Pinkerton detectives and
strikers at Homestead during the great
strike there many years ago. The terms
detective" and detective agency" were
not used in the contracts made in connec-
ton with this investigation. At the time
this investigation was made, he said, two
bills were pending in congress either If
passed would have given the president
discretion" in the re-enlistment of the
discharged soldiers, and 1T then seemed
likely that one of them would pass.
Foraker Resolution Passed.
Without debate, and without reference to
committee, the senate passed a resolution
presented by Senator Foraker calling on
the secretary Of the treasury Tor an item
ICED statement of the expenditure g the
100000 appropriated by the act of March