The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-04-07
TEXANS AROUSED
TAFT TO RESCUE
RACIAL WAR AVERTED BY Or
DER REScINDlNG PLACING NE.
GRO TROOPS ALONG BORDER.

Washington, April 6.-The order
transferring the Ninth cavalry, negro
regiment from San Antonio TO the
Mexican border for patrol duty, was
rescinded this afternoon by the war
department. This action followed a
conference OF the white house in
which President Taft, Major General
Leonard Wood, chief OF staff OF the
army. and Representative Garner OF
Texas participated
In reyoking the instructions, Gen
eral Wood telegraphed Major General
Carter, commanding the maneuyer di-
vision, 10 hold the Ninth cavalry at
San Antonio and to leave the Third
regiment undisturbed for the present
in its patrol OF the border. The pre-
yious order contemplated the replac-
ing of the Third regiment by the
Ninth.
The change, it Is understood, was
the result Of the protests from the
border towns against the assignment
OF negro soldiers to duty in their vi
cinity The presence of the negro
troops in Texas has constituted a
delicate question for the president in
the past few days.
When they We're ordered to the Dor.
der yesterday, General Carter was di-
rected not to permit their duty to ex-
tend to Brownsville although that
point was one OF the places patrolled
by the Third cavalry. Officials here,
H. Is generally assumed, were unwill-
ing to run the risk of repetition of
the Brownsville incident OF nearly
five years ago when that town was
shot up" by some of the members
Of the Twenty fifth negro infantry.
But the assignment OF the Ninth
regiment to the frontier met with dis
favor from other towns and it is said
that the Eleventh cavalry at San
Antonio probably will be sent to the
border later to relieve the Third.
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the opinion, it was never intended by
the language employed to transfer the
limitations upon the powers of the
convention itself to the state legisla-
ture after statehood should have been
accomplished"
Judge Sanborn Dissents.
The dissenting opinion by Judge
Sanborn takes entirely an opposite
view upon the question OF the enabl-
ing act and force given it by the con-
yention's irrevocable ordinance. The
separate coach law Of the state, he
says, defies the spirit, defeats the pur-
pose, violates the express prohibition,
of the fourteenth amendment to the
federal constitution, is unconstitution.
al and void That the agreement be-
tween the federal government and
the proposed state, made through the
convention ordinance is still a bind
ing contract is made clear. While, in
view of the admission, he says, that
a distinction between the races is be-
ing made, it is unnecessary to discuss
the enabling act agreement. Judge |
Sanborn adds:
But | do not desire to be deemed |
to assent to any proposition that any
terms of the contract between the
state and the nation, made at the !
time of its admission, may be violated
by the former with impunity, after
the acceptance of its constitution,
and its admission into the union.
That question was much debated six
ty years ago, without, as within, the
courts. Leaving 1t aside here, the
fact that the enabling act required,
and the people assented to the agree
ment, that there should be no distinc-
ton between civil and political rights,
on account of race or color in that
state, Is very persuasive that they and
the congress OF the United States un-
ierstood this to be the substantial
OF the constitution of the
United States, and in my opinion, no
such distinction should now be per
mitted to be perpetuated."