The sun., 1890-08-13
AN hnmr BOARD or nET1EW.
A Trlbuusl nor the Revision OF tire Prossea-
lnRs nna RenteneeA Of AIllltArE Conrtn.


A Trlbuual nor the Rsvislon OF ths Prossea-
1aEs nnd Eentsnsss OF Military Courtn.
WASHINGTON. Aug l2.-The admitted impsrr
fections Of the court martial system Of @s
army have caused the Introduction OF q bill
into Congress- for the crention OF Board OF
hovisw. This measure provides that the Sec
retary OF War may appoint such Board. to
consist Of three members and a recorder, to
review the proceedings flndngs and sen
tencs OF any court martial for the trial OF
commissioned ofllcer or enlisted man. either OF
the regular army or volunteer forces. whero
the accused has been dishono orably discharged
from the military service OF the United
states This Board may consist either Of
active or retired officers, is to servo
without extra compensation. is to no re-
lieved by other officers from time to time as
the eXigenoies Of tho service may require. and
is to consider only such cases as the Secretary
may order. II ls to consider any additional
evidence that may be offered. under established
rules, and may subpoena Witnesses and admin
lister oaths, provided that the applicant shall
bear the expense Of oil Witnesses summoned in
his behalf Its proceedings, fndlngs and
recommendations are then to be laid before
the Secretary. and. II approved by him. are to
be then referred to Congress with his own
opinion as to what action 10 necessary that
justice may be done In the case. 1t IN specially
provided. however. that no right to any pay
or allo Wances shall accrue or be revived from
such amendment Of the records in any case"
The effect OF this measure is practically that
Of establishing q supervisory tribunal. The
first reflection may be that the result may
provo disndvantageous in relieving courts mar
tial from some OF the sense OF responsibility
which they now feel and of leading them to
slight thei- work. under the knowledge that
their own Investigation may be merely pre-
liminary. This, however. is not at all likely to
be tho case. as the analogous experience Of
civil jurisdictions must show. In these latter o
court OF appeals. in ono form or another, is
universal. and 80 far from inducing careless
ness in the inferior tribunal, it undoubtedly
i'm mpresses the latter with the consciousness
that its judgment 10 to be reviewed by mon
chosen for experience. learning. and inteR-
rity In the case Of the military court also.
tho officers OF which It is composed will be
aware that a Board OF Review may rovse all
their proceedings and findings. and this 10
likely to induce greater rather than less care
on their part. lest An error Of judgment, or neR-
ligence In consideration, or prejudice hurtful
to the accused shall be found and robuked by
that Board.
A different objection urged against the plan
may be that under the present system. tnere
is always q review OF tho proceedings. find
inRs. and sentence by q superior officOr. either
the department commander or. 1t may be. by
the President. In such cases as reach him. But
ent system is adeQua for its purposes, where
as the testimony Of the most competent au-
It should BE- sscrStSry S W Proctor for p' eIsmpIe
in his last annual report, declares that the en-
listed men of the army have an unluestiona;;
BILE grievance against the entire court martial
system from It's lack OF uniformity and Justice
IN the intiictlon Of penalties:
uSsS sS Ssr rss TO know tint 5hs Hco1s will be
mems hked by wei established regulations and lava
tie Win
nne the eSirg sses. eS
under which enlisted men may be tried horise pun
luz S shts" psnag 9Gs
one RS an lIF the as
Pn OF VA. o In II the
81 % sw nsG m ana Of sSs
lated to- and do. invite petitions for clsmency.
Acting Judge Advocate ieneral Lieber takes
the same ground in language quite as EN-;
gives to the persons intrusted with their e1ecu;
Sn such 81 s power over the personal
Those comments apply particularly to tho
enlisted men, but the same persons who pass
called upon in cases in which their Fellow
officers are concerned. In regard TO them
tne ACIlQR JuuR6 AuVOCHlo, Wnlle Q0clAFinR
that the system OF administering military
law by military courts is tho only practicable
one, yet shows. the defects which must be
guarded against:
We're the military penal code adrninstsred by per.
manently constituted courts consisting always of
JudveB hted for the position by training and
ment the objection to such unmeasured discretionary
power although still manifest would not be
1t must be with tribunals Of such ephemeral existence
Conrts ma tAi summoned as they meet the
eXgencieH OF particular cases, composed Of pnch
tsrial as is most available and necessarily therefore
greatly differing In tie experience, and cAlmnesS OF
judgment of their mOmborA
This opinion was not given with view to
the particular remedy now suggested, yet it
bears upon the general question. Perhaps In
some form the proposed Board Of Review may
at least i'm prove the present system.