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Black Battalion: Speech of Hon. Joseph B. Foraker of Ohio in the Senate of the United States, 1908

men mentioned in section 1 hereof as having participated in said shooting
affray or as having withheld or refused to give knowledge with respect
to said shooting affray that would lead to the identification of the par-
ticipators therein.
  The said commissioners shall meet in such place in the city of Wash-
ington as the Secretary of War may designate, and shall organize by
the selection of a chairman and a secretary, and the appointment of
such other officers, assistants, or help as they may deem necessary.
They shall have power to subpoena witnesses, compel their attendance,
administer oaths, employ a stenographer, and incur all expenses neces-
sary to the proper discharge of their duties.  They are also authorized
to consider in connection with any case brought before them any testi-
mony that may have been heretofore given by such accused party,
whether in the form of affidavit or otherwise.
 They shall keep a record of all testimony taken by them and of their
finding as to each case that may be presented.
  They shall have authority to receive said charges and objections
tending to establish the identity of the participators in said affray
or the withholding of information with respect thereto for the period
of three months from and after the passage of this act.  Upon the
filing of any such charge against any of said noncommissioned officers
or enlisted men the commission shall give notice to the party against
whom the same have been filed, and give him an opportunity to be
heard in answer to such charges and any testimony that may be
offered in support thereof, and the party so appearing to answer said
charges and said testimony may employ counsel to represent and as-
sist him in making his defense and in producing counter testimony.
  It shall be the duty of the commission upon the conclusion of the
hearings in each case to make a finding as to whether or not, in its
opinion, the party so charged has been shown to have participated in
the said affray or to have withheld information which, if given, would
have disclosed who the participators were.
  If the party so charged shall be acquitted by the judgment of the
commission, and not otherwise, he shall then be permitted to reenlist
and to enjoy all the rights and privileges by this act conferred.
  For the purpose of fully hearing and determining all such cases as
may be presented, the commission is hereby authorized to continue its
sittings and hearings beyond the period of three months from and after
the date of this act until its work is finally concluded.
  SEC. 3. The provisions of section 1 for the reenlistment of said non-
commissioned officers and enlisted men shall be available to all of said
men from and after the expiration of three months and within one
year from the passage of this act against whom no charges have at
that time been filed with said commission.   From and after that date
all said noncommissioned officers and men may be reenlisted against
whom such charges have been filed, but as to whom said charges have
been found by said commission not to have been sustained, provided
they reenlist within three months after such finding is announced.
  SEC. 4. That nothing in this act contained shall be construed to pro-
hibit the prosecution and punishment of any soldier reenlisting under
the provisions hereof as to whom it may at any time hereafter appear
from testimony taken before said commission, or otherwise, that he did
participate in said shooting affray or have knowledge thereof which he
has withheld.
  SEC. 5. That all reenlistments under the provisions hereof of soldiers
who at the time of their discharge without honor were serving terms
of enlistment which have not yet expired shall be held to be for only
the remaining portion of said unexpired term, respectively.
  SEC. 6. If for any cause a vacancy should occur in the membership
of said commission, it may be filled by such person as the remaining
members thereof may select.
  SEC. 7. The members of said commission shall receive full pay and
allowances according to their rank, respectively, as though on the active
list, during the period of their services hereunder.
A bill (S. 5729) to correct the records and authorize the reenlistment
  of certain noncommissioned officers and enlisted men belonging to
  Companies B, C, and D of the Twenty-fifth United States Infantry
  who were discharged without honor under Special Orders, No. 266,
  War Department, November 9, 1906, and the restoration to them of
  all rights of which they have been deprived on account thereof.
  Be it enacted, etc., That any noncommissioned officer or enlisted man
belonging to Company B, C, or D of the Twenty-fifth United States In-
fantry, discharged without honor under Special Orders, No. 266, War
Department, dated Novemher 9, 1906, on account of the shooting affray
that occurred at Brownsville, Tex., on the night of August 13-14, 1906,


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Black Battalion: Speech of Hon. Joseph B. Foraker of Ohio in the Senate of the United States, 1908



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