The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-07-31
AN ARMY BOARD or RETIEV.
The New Nevisory Authority Provided for
Certain Court Martial CASE.


WASHINGTON. July 3O.-The House has re-
Gently rassed a noteworthy ILL authorizing
the Secretary OF War to appoint Il Board Of
Review in casos where the sentence OF n court
martial is the dishonorable discharge OF an
officer from tho army.
The first impression rs TO this legislation
may tie that il is of doubtful "Npedency. and
that 1t may render courts martial less careful
in their deliberations from tho Knowledge that
their dealings with an officers fate Is not final.
The result. 1t may he Eppr"hended. wouil be
greater readiness to sentence an officer to
dismissal. il he appeared TO be guilty Of an
offence for which the penalty WAS dismissal.
trusting to the Board of Review to set him
right II it should afterward appear that he was
treated harshly.
But the question Is whether this tendency.
assuming 1t to DO created. would not be moro
than balanced by an opposite consideration.
Tho proposed Board Of Review Itself practl-
caly sits in judgment upon tho court martial.
and accordingly the latter. instead OF bciI;
less careful not to do injustice 10 an Officer
may rather be more circum spect lest its own
conduct should DO exposed to criticism I'M
duly severe. Tho ground on which this bill is
based was thus expressed b. tho House Mill
tury Committee In n former Congress. which
had II similar bill under consideration: No
doubt most courts martial ara conducted ju-
diciously, md with fairness: but the commit
tee has the proof that many cnscS have arisen
where. owing to prejudice or ignorance injus-
tice has boon done. This bill will enable the
Government to rectify such wrongs."
In ordinary civil Jurisprudence the system
Of lower and higher tribunals is familiar and
almost universal. 1t is no reflection on a
lower court that its judgment has boon over
ruled. The civil system is based on tho fact
that human opinion Is not infallible. and that
the taking up OF a case by new Judges. who
come fresh to its consideration. and perhaps
are less burdened by Its details. may lead to
looking upon 1t In new light. Tho Board of
Review now proposed by tho House has somo-
thing OF tho snnLc reyisory function.
Az in the system Of civil Jurisprudence it Is
found necessary to demo and restrict the APP
neal to higher courts. lest there should be con-
slant re-trials. no In the present bill the Board
OF Review is under limitations. 1t is not some
thing that tho sentenced officer can claim as
right The Secretary OF War Is to decide
whether such Board shall be appointed in
any particular case. There would still remain
the present reviewing authorities. the Presi-
don't losing none OF his prerogatives OF final
action In approval or disapprornl Of the pro-
cesdnFs dngs anS M oSSd p tine r
suffsciept to insure justice indeed. one Of the
srruments against the new bill Is that there is
sready system Of reEis% f9f tho eases i re-
smch A reviewing Board may be very useful
both to the President and Congress-.
Perhaps one Of the effects of the new measure
anpeals to it on tho ground Of injustice done
by courts martial. There L. good deal OF oh.
lection to legislative interference with court
martial proceedings by means OF restoring
discharged officers The present measure y, uL ~ may
fndiciai In its character. or course. however,
the new plan 10 somewhat experimental. and
only after trial OF its workings could satis-
iAotoTy opinion be formed Of its value ~ Z"