New-York tribune., 1909-01-13
ATTACK BY FORAKER
BROWNSVILLE UP AGAIN.
Senator Lodge Defends Course of
President in Matter.
TFrom The Tribune Bureau. !

|
| adoption Of a resolution and denouncing the
course of the administration, and Senator Lodge
plying briefly but effectively to the structures of the
Senator from Ohio and substantially refuting most
of his contentious. At the close of the debate Mr.
Foraker. although promising further speech in
reply the former summing up of the case by
| Mr.. Lodge, sought to have day fixed for vote,
| but without
The Senate leaders regard II as possible that be
| fore adjournment a resolution will be framed and
adopted whereby the Secretary of War will be en-
powered to appoint a board TO hear any evidence
which any of the discharged soldiers care to pre-
sent which board, II satisfied of their innocence.
shall have the power TO reinstate them in the army
| 1t is a safe prediction that only measure which
leaves 1t TO the executive branch Of the govern
ment to appoint the reviewing board and TO deter
mine the guilt innocence OF the soldiers can
pass while 1t is by means impossible that Mr
| FoFaker's opposition to such measure Will pre-
vent the enactment Of any legislation.
Senator Foraker in his speech today, began by
ignoring the obvious distinction between con-
viction that Of the soldiers Of the 18th In
fantry did the shooting and conviction as TO
which individuals guilty. and. assuming that
there difference. he sought to estaoilsh IN
consistency and insincerity on the part Of tho
President because, having declared his conviction
that the shooting was done by the soldiers ne
took further steps 10 ascertain which indiviouas
were guilty.
Nr Foraker denounced in vehement terms the
course Of the President in seeking 10 ascertain
what individuals guilty. saying Of him: 1t
does lessen the RraVlty OF MS CuIeHCe thdt II
appears TO be impercepuble 10 him; or. If not so.
that he has become utterly obiivious 20 all the re-
straints Of law. decency and propriety IN his mad
pursuit Of these helpless victims OF his Ill con-
sidered action"
He further declared the employment or the DC
tectives to be 'iniquitous and infamous"
Senator Lodge, replying briefly TO Mr.. Foraker'
INDUCED in gentle sarcasm with regard 10 TINS
part Of the Ohoans speech. saying apropos OF the
employment by three railroads OF one or the de-
in Railways
porations They not yet sufficiently advanced
TO sealze that it Is Iniquitoas and Infamous to
use detectives for the discovery Of crime In fact
these souIIess corporations do not even refrain
/ from employing detectives from fear or hurting
the feelings of those whom they believe 20 have
been engaged in crime"
BY series OF letters from discharged soldiers
and others Mr.. Foraker sought to prove the worth
lessness Of the evidence gathered b. the detectives
| and succeeded in shaking the confidence OF SEN
! ators in their testimony. He dealt without mercy
/ with the character OF Herbert j. Browne. one OF
| the special detectives employed by the War De
! partment and OF their work he said:
CALLS DETECTIVE WORK PLOT"
The whole work in which they have been en-
| gagged IS the result of plot end conspiracy
| blacker and more damaging than anything that has
been charged against the soldiers themselves. even
Il the worst that has been said should prove 70 be
the truth; for, atrocous and ndafensble as is the
crime of murder. more atrocIous and indefensible
|
spracy fas;en the crime Of murder on an inno-
cent man"
In this connection the assertion or Herbert J
Browne that he employed by Senator Foraker
TO go to Brownsville and procure evidence that
| the shooting done by the citizens IS OF in
| terest Browne maintains that he went. but could
| procure such evidence. and that he 80 reported
| 10 Mr. Foraker. recommending that he be further
employed to detect the real culprtts among the
| troops recommendation which he asserts
from Ohio.
Nv a long series Of legal decisions Mr.. Foraker
J sought to esta blush undisputed proposition that
the confessions obtained by the detectives IN thelr
nreIimnary work would be inadnllssible in court
| of Justice and with wealth Of denunciaton ne
/ condemned the methods employed to ferret OUT
the cupTts.
Mr.. Lodge, rerlytng TO this part of MIR. Foraker
are,rnenf poipted out while not pleasant, the
methods Of detectives were everywhere resalueu
as essential the detection and prevention Vi Ci'
and cited fact that. seriously as MI oi"AeI
| condemned the use Of decoy letters. they were ID
constant ,,se by postofce inspectors to detect mall
! thieves and usually proved successful Even ui
rIessant methods are less obnoxious thaIi d /|'"
| start differing of the mails" added Mr. Lodse'
| The Senator Ohio sought 10 estdOl'sn "'e
,,,,ertion that the funds spent In endeavorlns 10
| fix the guilt for the brownsville murders were IL
| legally expended because they came from an ap
! ,r,,riation made in 1893, and the Constitution, In
en,Imeratng the powers OF Congress- supulates 'i't
| tha Congress- shall have the power to raise and
support armies. but no appropriation 10 that use
shall be for a longer term than two years
Nr Forakers contention. which was ably eH-
,,rassed assumed a considerable verisimilitude un-
/ t,l .,btected TO a keen analysis by Senator Lodge
who pointed out that the expression In the, CON
stitution dealt with raising armies, and not with d
continuous appropriation such as the one uhoeI
7tsrssion and which was TO be- in the language OF
.bo etatute AN emergency fund TO meet unfore-
seen contingencies constantly arising to De expeno-
| ed at the discretion of the President
FINALLY Mr.. Foraker sought to establish the IL
,oroIity of the War Departments course in employ
ing detectives because Of the statute preViousS
quoted in these dispatches. which prohibits the
en,nlovment Of Pinkerton other detective asen-
ces the government
NJ = odae bv citing the debate attending this
Enactment which took place in 1893, about the unle
! of +hA Homestead riots showed that the intent OF
the Law was not to prohibit the OF detectives In
| their proper functions. the detection OF crime out
| IS armed forces. done at Homestead MI.
Lodge quoted Representative O'Ne.lh OF Fenhsyl-
vapia who was in charge of the bill. as saying IN
| tho debate. mo objects to the use OF the
Ptnrerton men their legitimate use TOT detecting
crime but only armed forces
!, the opInon of the abest lawyers Of the Senate
the repv of Mr. Lodge completely refuted the con-
! ..io, of Mr. Foraker, for they said. Mr..
, Foraker never succeeded in establishing that the
| oto+ute forbade the employment OF detectives tor
, .,,cb work as the detection Of murderers
Sarotor Foraker obtained the adoption. without
| ,t;ectton of a resolution calling or the Secretary
. | g yyar for q complete accounting of the emergency
T,nd of 50 c0oOD. appropriated in 1885, before he
began his speech o., uo,5
| 10. no aid not share in the view OF Mr. FORAKER
that the fund had been illegally used. and many
senators Indicated their intention OF discussing the
brownsville question at some later date.
ASKS FRANK FOR MRS. CLEVELAND.
, To, - A hill 10 extend the frank