The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-25
One-Half of the Enlisted Soldiers
Accused of Offenses the
Past Year.
Great Improvement Expected, Due
to New Legislation and New
Methods.
The Valuable Book of National Airs Col.
lcctsd by Mr.. Sousx--"AIisfOr.
tune Corner"

nent, the supply OF cOurt6-mArtl0l is un-
failing and abundant. Acting Judge Ad.
vocate- General Guido Norman Lieber reck-
ons mp a total of l,7s2 trials by general
courts during the year on which he reports,
and II ,574 by inferior courts. making an
aggregate of 1885. Extraordinary as
these figures may seem, they are not excep-
tional. Looking back through the records
of the last ten years, it is found that in
1881 there were 1,793 trials by general
courts-martial; the next year, 1850; the
next. 1885; the next, 2,2S0; the next, 1928;
the next, 1883; the next, 1,64O; the next,
l,73O; the next. 1883, and now, 1,7s2. On
the WHOLE the present record is rather graf
flying. since it is lower by PHI cases than
that of last year, and, indeed, lower than
that of any other year in the last ten years,
except one. As all but two or three per
cent. of the general trials are those of en-
listed mon for the graver offenses, this
gain is promising.
But there is less to be satisfied with in
the record of the trials by inferior courts.
There the gain over last year ia only seven,
and the number is much greater than that
of the year preceding, which was 1O,447. OF
course in the army, as in OWL life, there
are good many ''rounders," who come up
before the regimental and garrison courts
several times for the same ofense, especi-
ally when that offense is intoxication. How
ever, no fewer than 8,O94 different enlisted
men were tried during the year. Since the
enlisted strength of the army has lately
been about q, 900 men, and a considerable
part of these are non-commissioned off,
GERS or have some special incentives for
strict obedience to the regulations,
a very remarkable proportion of the enlist
ed strength is found in this number of those
tried. Besides, the acquittals last year in the
inferior courts numbered only 3O2, leaving
the convictions 11,272. It is fair to add,
however. that many of the trials in regi-
mental and garrison courts are for minor
offenses, and some of them deal with in
fractions Of rules not relating to questions
Of morals. Still. rs Secretary Proctor has
said, the enormous number of trials must
make them 80 commonplace as to rob them
of some of the force they ought to have.
There is good ground for believing, how
ever, that there will be an improvement in
the statistics of 1891, due to the remarkable
the past year. One change has been the
of summary courts, which
take charge Of cases hitherto belonging to
reGimentai and garrison courts. In the
courts the trial is by single off,
GER. the ono second in rank'at the post, and
he can accordingly dispose OF cases rapidly,
IS police justice does in analogous ofYenses
under the civil law. The primary pur-
pose of this change has been to
avoid summoning for minor daily delin-
quencies full garrison court, composed OF
several officers, whose routine duties in the
must be performed by others, or
not performed at all. The delay in as
such court is also unjust to the
faithful men in the company, since they
nave to discharge the share of sentinel and
other duties which belong to the delin-
luents waiting for trial in the guard |
house. General order No. 1877, from army
headquarters, recently issued, lays down |
,he rules for tho new summary courts, and
he trials of men before such courts are |
aot to be published in orders. But lest IL |
should happen that the court officer should |
also be the accuser, or the enlisted man
'hould prefer his chances before regi-
mental or garrison court, he is free before |
he hearing to demand q removal of his |
:ase to the latter.
passed by congress- this year to establish a |
ixed code of punishment for the numerous
'fences hitherto left discretionary with
courts martial. Thirty-two out of thirty
our articles OF war authorizing imprison-
nent leave its extent to the discretion of
he court. The result has been great di-
'ersity of penalties for the Same offence.
With different standards in different de-
'artments, regiments and garrisons. II
an readily be understood how severe
entence should under such Z system of in
quality. be regarded by the man who suf-
ers it as unjust or oppressive, and. on the
ther hand. how the chances of getting a
ight sentence might stimulate offences.
congress accordingly authorized the pres
dent at the last session to pre-
cribe the maximum penalty, when
YER punishments are made dis
with the court. Colonel Lieber
nd Major Schwan have since been at work
! preparing what substantially amounts
, code of military punishment under this
,gislation. The code is now under the ex-
of Secretary Proctor, and when
sttled upon and promulgated, can hardly
Ill to have n good effect on the administra-
on of justice in the army.
Much is hoped, also. from the new laws
lowing the purchase of discharges per
lifting the soldier to have his release with
ut payment if he chooses at the end of the
,ird year of enlistment, and giving him, in ,
ny case, at that time a furlouRh of three
onths. These and other measures for the
sneft of the enlisted men will, 1t ia
0ped, put a new face ON the courts martial
cords of year henoe.