| Show LODGE DEFENDS THE PRESIDENT t Justifies His Course in I 1 inn ing Soldiers Engaged in Brownsville Riots i i iI I I Ii i HIS POWERS ARE AMPLE AMPLEr I If IIi f r Ii ln ii xin f 1 t Him J JIll us lUn r I II I I j l i f 4 1 of o the was wasi va i I ngan the sUbject of In the J senate today and point to toI I t d any of oC too toot t all on thu Iho t axe axeS S on ont t it II new phase n I I of the by presenting u A providing lor or nfl 1111 i lr lic the at L the tho authority of thu j f lent to toko the he dill i Iy hy Mr In InI 1 I r 1 su an address s and WM waI by Mr II Ie Foraker who follOwed 1 tO giving then that he ha would conclude tomorrow Previously to this the to toi i i a ad ires s r 1 the ti y ll i Gearin who argued tor or u a t the of iI f with for a revision of our treAty I fl with ItIs that nation k Preliminary to his of the tho ri Incident In the to toh 1 oi h day Benator Lodge t tb sub b prepared tv Lv Knox l j confining tho propose t lI Inquiry 1 R to the ut mid ij 1 any ot tho dents action lI lie accepted Senator J 11 j I tile the ii J Q to visIt If It itI I 11 i Ii il LODGES W ij JIll Mr al alI J Q questions are hero Involved A Ac I c of tact u question of law lawI l I They 1110 entirely distinct thoy ought to ho be t separately telY and licit neither hor horI 1 In I ho bo permitted to cloud or th other In hl the public The 1 tion ot of fet Clet mil may b In this WilY wAy There Thera shooting In tho of j on the night of oC AilS 1 t I DOG 1906 hous R were tired Into nie man mall mallI I killed mud time tho lieutenant ot of the thet t I police his horse borso shot from under I I 1 bim and was vas so wounded In InI 1 the arm that was r I sary enry Thesa facts lire nrc tind r I are 1110 not ot by anyone This shoot In sAs clOne 11 by someone It was done 1 eIther by United States from 4 Fort Drown or iy by of the town of Brownsville There was no not onU cl elme e and Jt it Is not that t L there II allY ay ono on else who havo done It m j DID If The Tho president timo tho ot Of war time tho army officers to In quiro Into the affair have me decided that the shooting was done lIy Imy the liner an furnish testimony to Ustin their theirS S opinion The Iho Constitution leacue veil lel resenting thu tho loWler deny that the tho was wall donolli by them and that It was done br ot of t villa in III uniforms of i the troops anti anel provided with exploded tha committed this outrage for time pur p pose of casting odium on timo tho troops of Fort Brown these must be proved for tor general are uio of no uso h here re It will be tho duly of the committee under the resolution to take talo alt testimony possible and do de decide cide whether shooting Was done by bythe the or b by citizens of Brown Whether the or time tho In did the Is the ques question tion ot of fact and on that I no to express I have havo anti and ext mined nil all possible testimony A QUESTION OF LAW Time The question of law is III the tho resident In these com coni without exceeded hi powers under tinder the tho law the tho ContI Constitution This question can be settled by bythe bythe the semite just us UI now I better thul at nay uny other time timi tho least regard for tor the thu committees us to the ot of fact It ItI ItIs Is I purely a of III The Constitution makes the president I of the arm anti of the United States Anti Coil m Is given authority ty to 10 make malIC rules for tor the tho government arid and regulation ot of the tho land and naval forces In the fifth ot of time the Constitution the tho html mind naval naul for fores s 1110 I the tho rights to nil 1111 per perI I inns who Imo Ore held haul to for mm 11 cap html or It therefore that ammil I were verc recognized liS as being sub 1 to IL ft law different that Uti In Iii the Iho courts In time the chief time the conferred up 1 mi nil all time the ty unit unitI II I b by the l under the law of tile t times law timid been 3 forming through man mummy years II MOD j Ij time of time tho l t a olI originally I ab b bt anti warl were tinder t 1 or b i tho Im rul muteS multi ant artl of war may be said to date datu from fromI f hose I by y Adolph Adolphi i lN lH mind eo 1110 from code codo w which wall used by holh In civil After time the lieu placed Of 01 the tho throne there Iho mutiny hot only emily time tho urmy und and the tho under which It was governed hilt but for Cor the trial of and hv by court count r ThIH net lIet which haul hall he 10 renewed t over OCI ar tiLts hUR kept timo tho of oC time the military forces of If England In III time of Time of time tho mutiny t act lIet Itutti time articles or of Will war IJ by In lime tho time tho scum its 1111 admitted by mis III mit time tho or of limo tho aqil whIch may ho III timo thu of If Will which mime 1011 II a cit time tho 1111 huu I nil th time rl might lIt to or mils II except so tom fur it II lx la or orI I I by the tho po power 1101 j I which hall imos time art or of itAr i m this point of or muM r time tho articles or of Will are UIO I 4 I t tod ed mon ii duly summit bo be 1 from time the service without n a aI I Hd 0 In signed I bY mu II field ut imf the tho to which Ito ht tie be tiei bee i e or II by ito tho ibid officer I Iii amid no noI I f ho be given to 10 mummy before his hili term hits hilS cx IX i by order of the tho tue pee eec ot of Will time tho ot ml II ix imy hy cit Clr a ac c I imil It I I will stilt Iw be observed I him I Iho he I m or the tue limo Iho nr cit war l lor or time the IIi r t im h 1 1 to In it 11 is III x 1 8 ill rh m I 11 Ii h t 11 emily lill i gI xi h i t ii t vf of II rhe honorable con calm or of ol be given b the coal hut but there thero I Is another ll how Ie rut mis the tho dIs honor which I Is not limited to the Ihl of 01 1 mu 1 mutt which comes within the III ills or of time the tho Or of war end the tho officer The llIe nil no to the i wIthout honor all mis II caim time lanto of the tho to order such lOuch Ills dis In iii form this power of lf by the tho hue has and OUR LAW Our law luw nil I 1 hAve said alel Is ell from the military JAW of oC I rig nt land anti 1 our has ima the same as tI rhu h comb cOllo saYs on this point nil an Is made toe a Im certain time tho crown is III under obligations to the In pay Ilay or in III arms for tor but may him himAt Ct At un time Ill Til ety of oC III the realm may III 10 On 11 the immediate or nl oC at nil ally n Ir In that time the cause or of such not nt at the time be dosed by I tito tho or of ortho thu tho crown There con can lio ho no doubt whatever that tho tim ot or sui was Inherent In the of corn when the tho was wal b by the Iho wIth that ollice IS s n a anti nIt been heen HO hoM hy by the supreme court of the Iho United Stat States R Ind It 11 Is III n a contract ot at will viii hy by tim tho ThIs Is 15 all ali that s dono when whon 1 a Is without honor rm nw PRECEDENTS file are aro to ether In the ho report of time the jUel jUd nIl mimi amid It appears that no noes noless less es than r enlisted men were ills ells without honor from the tho arm of 01 the tho United Stats States during tIme tho year It maKes no difference III principle whether ono one mutta or 10 or or nn entire regIment Uno alo In this way Time ho power of dismissal must rest resl where it 11 tins always rested with the tho highest military authority In the tho country countr It Is Impossible to concelo or maintaining no nn army on 1111 ammy other principle It a 11 soldier can not bo be eon ep crated from time the b by h hIng be beIng Ing convicted or of crime on which would a JUt Jury In Il a ciVil C there Is no possibility ot of Tho rho power to dismiss or terminate limo tho contract of enlistment III absolutely absolutely to the tho maintenance of any army lii n feet time tho runs nil all and society society could not go on it Ir the limo powel of or removal without tile tho of to convict before a 11 jUry was not universal The 1110 theory that limo tho presidents power of If would b hiS limited was WIlS debated front Crom the tito of time tho until under Johnson the or of office act vas passed It WAS found impossible to 10 the tho gO nov such limitation and timo tho act was as modified Orant and repealed under Clel Cleveland I believe It to havo been heen unconstitutional but that It Was wall impracticable was demon the tho presidents power re remained It mUst remain RIGhT TO END CO Is III truo of at civil life is truo with ton tenfold fold force of the tho army It If tile iii unable to dis dismiss dismiss miss from fOro time the army time the soldiers whom lie he regards all as dangerous to time the service and t tr military without fur fill proof that would convict be before fore foro it military discipline ho he at an end ond and the murray or of the tho States would become me a men menace ace to the ot of 1110 The rime time CI Constitution tho Bt statutes tho practise are 1110 s so dour as asto to th h 0 of time tho president to ter time tho contract of at pleasure seeds a waste of words to any anyone one ano has read tho statutes to ar aI arguo guo It at all SENATOR FO AKERS REPLY Mr Foraker reviewing Mr 11 Lodges to time the Foraker resolution do tito tho matter Involved two ques one ot of as to tIme the affray time the theother other of law ns its to the tho presidents nu an Mr tr Foraker saM said he was tyas op opposed posed nosed to time Iho Lodge on both questions Mr Ir r er denied that the power ot of the 1110 was 11 deduced front from what wag the power ot of tho I chief of If time the British arm It ho bo time tho Constitution of tile tho States lu tos Time tIme the president derived from Congress was his legal power It not necessary ho he sold to go to Bullish British precedent to ascertain this power NO AUThORITY is III rio no racy Iii hi coon tr try said Mr 11 not even in the of the tho army All power Is i derived from the tho Constitution tion Mr r Insisted that It Congress hail on any subject to almy regula regulations lions thoro was no room for COI tile tho of arty any power io In time tho contrary on omm time tho part of time tho On mutters of regulation on which Congress lied had not spoken time the gave time the president power to regulation nil All to the tho con contract tract of wh h Mr 11 Lodge said could hI be terminated nt at time tho pleasure or of time tha government Mr It contained ii a that its 1111 effect ho bo by the articles ot at rules and regulations of at time tho service QUESTION OI OF ESTOPPEL Mr II that the om eta dais or of time the war amid depart mont of the affray ut wits Il a case cOY by the of Will war b by the tho or ir Willi lIven to time tho commander of the depart dopart Of Texas to 10 pro prefer reI Unil 13 mom bels ot of time tho involved ho he mii any allY to discuss the affray nt lbs Ihs time Mr rim 10 marked imo he MIty lIay III pausing it Ir what is III tor or immure here ho bo true theme thOlo WIlS lIu h mu a anti such consummation ot of It ammil tuft that time tho or at men muon en aged In iii It the tho III b I of accessories before unit and after the tho tact to 10 carry It out Irene liB its charged It Is n a thing liming whIch hums hus nov nev or In mull all time Iho history or oC our jurisprudence of time hn AIr Ir saul it II aught ho Mid by him I know what hat aims the Iho power of at time the In limo tho mm mimi In iii he t erlen mm amid I hao that power lie In ht 19 right continued r 1 I 1 huts hils this timis Other have studied It mimi are aro Jim III with as thu 1110 Crom III I ho bo Wrong But iut I J enough to think It 1 Il groat cI liui 11 Of differ once whether or not there are aro facts enough to tb JustifY NOT LAW LAWt X t think the senAte would be In II a vi rl It It should it a butt tue he ed in 10 eStOl tiM when Ire come to this case ott on the facts mire lire to be 10 tIC dc nil a to whether Or the ann within his constitution constitutional ci al or legal Is the presIdent ot of the tho United States above over ocr the tho lair Can he It 1 ho hl liS naked ked Senator sal said It to ho he tho birthright of oC eVIr every American to toh h trial cl with crime men ho he added were changed murder mund conspIracy BecauSe e ethre thieve thre was no evidence t to the the men were turned out tiC service lie He quoted the supreme court oil time the question of the rl right ht to In hiim W to meet an as sayIng Such a doctrine lends beads directly to an anU U MENS nIGHTS lie He said alii tho th president had bod been heen care ful flu to point out that he had imad not hut die these troops nil US hut liS as being by caine Each indivIdual he said BallI i had n a right to a board or of Inquiry I 1 It i time tho duty duly of ills his officer know lila his rights to advise and to pro toot In them Dut It not so Discussing time tho Sixtieth Ohio which has been cited OIa as a pr In the Mr Ir maul that it II hud had heen honorably I 1 Ills dis I He read 1 it ot of letters to simon show that time regiment Was while tinder parole held In the after Its term had cz Just as Mr l Foraker was concluding because of the tho of the hour saying ho should endeavor to finish lila his speech In n ii brief time limn tomorrow III said he would like to hear from tile senator just Juist why It was ns the thie Sixtieth Ohio hall had picked pickert out Mr re Mr Foe nicer r I am alii not to toll tall the scan tar lor everything I know kIlOW amid I know senAtor knows know why QUESTION BY Mv rr TilIman persisting asked whether Mr fr riot n a of the 11 explained that It hail hll been beon erroneously stated that ho he was but that thaI In Iii reality time the ninth Ohio wims time tho only to which ho he hn ever belonged Nt Nb effort was mummie to get action on the resolution its as Mr said lie hp would continuo continue At ot of the tho Ie bate It WIS agreed Imy by the tho leaders that U it ot of the controversy between and amid Lodge was not In sIght Prior to Mn Lodges It had been Mr fl intention to fo offer n a sub for hIs own rr resolution asking the tho committee on affairs to conduct un an Investigation Into nil time the matters to the I affray This It is 19 said would have permitted nn an Inquiry Into time the constitutional questions r who sought to th the controversy assumed th that the tho military committee would have considered the lund find legal Que questions Involved were for forthe time the deliberation of the judicIary corn com committee LODGE Mr Foraker salti ho he caned little for Limo tho phraseology but ho he did object to Mr Lodges interpretation of the su sub prepared by Mr Knox and of ferell bY the tho Massachusetts TImi caused him to IO the tho Lodge hut It Is ho with vIII tomorrow offer n a of his own |
