FORAiiER SUGGESTS THST ROOSEVELT IGNORED LAW dleulous atlnde If it should adopt a resolution res-olution that rould h interpr'd to eetop us when we come to ronnldr this rap on th farrs which r to t.e 1e elope.-), as to whether or not the President a' led within his constitutional or legal authority author-ity "Is th Frldnt of the I'nl'ed State above and oer the law? Can he ignore If" he asked. Senator Forake- said It to he the h'nh-rlght h'nh-rlght of every American citizen to he allowed al-lowed trial when rharfrerl wi'h crime These men. he add-d. e;e chars I with murdr and copspira. . He'-au?" there was no evidence to sustain the charges th men were turned out of service. H rjuoted the Supreme t'ourt on the question of the right to suspend law to meet an emergen.-, as. siymg "Such a doctrine leads direrrlv to anarchy." an-archy." He sail the President had been careful care-ful to point out that he had not discharged dis-charged these troops as organ'za t ions . j hut as Indtvtdua Is. each heing discharged by name. "Each Individual." he said. , "had a right to a hoard of Inquirv I' I was the dutv of his superior officer to ! know his rights, to advise and to pro- tect him In them Put It was not so " j TMsrussIng the Sixtieth (hlO. wtuch I has been cited as a precedent in the I Brownsville action. M Foraker main tamed that It had heen honoiahlv dig j charged He read a number Infers to . show tha' the regiment was dlsorgnp Ized while under pao'.e and hel.l n the service after Its term had expired Just as Mr. Foraker was . on. h.id'ng because of the lateness of the hour, saving sav-ing he should endaor to finish his speerh In a brief time tomorrow. Mr Tillman said he would like to heir from the Senator just why f wns that the Sixtieth Ohio had "been ph kc.l out "Mr President." responded Mr F. t aker. "I am not ohliged to tell the Sena tor evervthlng 1 knr.w. and 1 know the Senator knows why." Mr Tillman, persisting, asked whether 1 Mr Foraker was not a member of ih.. . regimen'. Mr. Foraker exr'l.il'' 1 that r had been erroneously s'ated thnt he w.xs. hut that In realltv the E'.gh'y -ninth ' hlo was the only regmier.' to whkli he had ever belonged No effort was made to get n. Hon on the resolution, as Mr Foraker sail h" would continue tomorrow. At the conclusion of the debate it was : agreed by the leaders that a sett lerren' ! of the controversy between Senators For- ' nker and Lodge was not in sight Prior I to Mr. Lodge's speech If h.id b.-.-n Mr. Foraker's Intention to offer ; substitute for his ow n resolution, asking the dm mittee on Mllttary Affairs to conduct an Investigation into all of the matters pertaining per-taining to the Brownsville ;iefra. This. It is said, would have permltte an Inquiry In-quiry Into the constitutional .;ues'ions WASHINGTON. V C. .Tan -Mr. Foraker. reviewing Mr. Lodge's objection to the Foraker resolution on the Brownsville Browns-ville Incident, declared th matter Involved In-volved two questions. on of fact as to the affray, the other of law as to the President s authority. Mr. Foraker said he was opposed to the Lodge position on both questions. Mr. Foraker denied that the power of the President was deduced from what was the power of the Commsnder -In -Chief of the British army. It must be deduced from the Constitution of the United States The power the President derived from Congress was his legal power. It was not necessary, he said, to go to British precedent to ascertain this power "There Is no autocracy In this country." coun-try." said Mr. Foraker; "not even in the Commander-in-Chief of the army. All power is derlred from the Constitution." Mr. Foraker Insisted that If Congress had spoken on any subject relative to army regulations, there was no room for the exercise of anv power to the contrary con-trary on the part of the President. On matters of regulation on which Congress had not spoken, the Constitution gave the President power to make necessary regulations As to the contract of enlistment, en-listment, which Mr. I-odge said could be terminated at the pleasure of th Government. Gov-ernment. Mr. Foraker said it contained a provision that its effect should be governed gov-erned by the Articles of War and rules and regulations of the service. Mr. Foraker maintained that the officials offi-cials of the War department and Department Depart-ment of Justice had estopped themselves from denying that the affray at Hrowns-vllle Hrowns-vllle was a case covered hv the articles of war by the order that was given to the commander of the Department of Texas to prefer charges ar.d specifications against thirteen members of the companies compa-nies Involved. While he disclaimed any intention to discuss the affray at this time, Mr. Foraker remarked ne would say. in passing, "that if what is contended con-tended for here he true, that there was such a conspiracy, and such consummation consumma-tion of It. and that the number of men engaged in It and the number of accessories acces-sories before and after the fact necessary neces-sary to carry it out. were as charged. It Is a thing which has never happened In all the history of our criminal jurisprudence." juris-prudence." Speaking of the President's position. Mr. Foraker said It might he said bv him; "I know what was the power of the commander-in-chief In the British armv ar.d In the American army under Washington, and I have that power." "Me mav he right." continued Mr Foraker. "He has doubtless studied this ; question. Others have doubtless studied it and are in accord with him, as the Senator from Massachusetts Is. and therefore I mav be entirely wrong But 1 am simple-minded enough to think it makes a grea' deal of difference whether wheth-er or not there are facts enough to justify. jus-tify. "I think the Senate would be In rl-