The sun., 1889-11-28

The Need or y Code or UniForIn Penalties
snd or sInplsr ProeeedtnEa.

The Need or = Code or UniTorln Penalties
snd OF sIrPisr Proceedings.
WASHINGTON, Nov. 97.-Courts martial play
| great part In the routine OF army life nova
days. The maximum OF the enlisted strength
10 only 250o0 and practically It IL not reached
| while there are many non-commissioned OIL
GERS and veterans whose rates OF pay and
greater privileges and expectations form an
| incentive to good conduct and strict obedience.
Yet during the year preceding July no fewer
than 1881 enlisted men, including twenty mill
tary convicts, were tried by general court mar
| tial while by garrison and reRimental courts
| there were 1851 more trials, making the
enormous aggregate OF 1852. II is true that
good many OF the cases in inferior courts
were OF minor sort. A failure to come up to
the proper Standard In neatuess Of appearance
and bearing might possibly bring man be-
fore court as we'll as some moral delinquency
Again OF the 1851 cases In inferior courts 3Ol
resulted in acQuittals: while there were many
repeaters among the offenders. the number Of
different enlisted men tried being but 1873
Yet with all extenuations and allowances. the
figures are prodiRious: and they seem the
greater on rejecting that several thousand OF
the hardest characters In the army had relieved
It OF their presence by successful desertion.
But for that there 10 SO saying where these
figures might have gone.
The Secretary OF War naturally thinks that
there Is q vital defect somewhere. When
these judicial proceedings become 30 common
place, how can they maintain their force and
dignity2" One thing certainly lacking is
uniform code Of punishments. No fewer than
thirty two out OF thlrty-four Articles Of War
under which enlisted men may be tried au-
thorize punishment at the discretion OF the
court AS Secretary Proctor says. there is
nothing to prevent the imposition OF the light
est penalty for the gravest offence under any
of these articles or the most severe for trivial
one. The effectiveness which the administra-
tion OF justice receives from being we'll defined
and absolutely impartial can hardly be hoped
for under such circumstances The different
composition OF courts martial at different
posts makes 1t impossible that infractlons Of
military discipline should always be judged
and punished according to the same standard.
Punishment Is really regulated by caprice; and
the consequence must be not only O. want Of
full respect for the law and Its administrators.
Which eSen % II M not We'll foundsd has an apparSnt
basis IN this lack OF uniformity In penalties;
pro6H6ly n not few d9SertiEns may @ Pc traced ace.
Ing Judge; Advocate. General. Lieber put the
argument in this matter convincinRly:
msnen,!y constituted courts eonsiitinS sIwSys f Of
Sy
VIE u
our courts martial summoned. they 20 meet the
q :'s ss
sssS y sSal1. aS:isSs sisnssias y
army
1t becomes somewhat less surprising. there
fore, to flnd under such circumstances the
ep epormops number Of trials already spoken Of
the number OF cases tried last year By general
court was nearly 27O greater than that Of the
HpS the number tried By In
Increase OF more than 1.400. This, like the
recent increase in desertions occurs after the
army ie more frsauene
use OF the pardoninR power. also, becomes
ties or making them more just. There ls Ger
Of Col Lieber:
hs5S code Gs w6cS
suSeo HnS n
II S oshss S sess TO
i sSs bands q shs %itiry should Be Permitted
the administration, OF impartial justice. but
serviceable In diminishing the cost
q
courts. consisting Of single prominent ofdcer,
99esrhans the second In command at e post, for
81 trivial inirsctions ef Strict IT. rules
which may have nothing very serious in intent
'r result. all the form Of summoning court
% meted out. This not only keeps officers en-
yaged In courts martial but often works as O
to the worthy soldiers and as re-
yard to the culprits. for these latter. being un-
ler arrest are relieved. until it is convenient to
assemble q court. from routine duty. and their
hare OF it must fall upon their comrades Still
here are some objections to committing, the
tbnneS er al i%sscS 10 sagIe eesr
'erlence In civil life with our police courts for
minor offences. At all events the Introduction
4 an exact code OF penalties would go far
oward obviating the objections.