The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-02
GEORGIA MILITARY LAW.
WHAT SOME OFFICERS SAY ABOUT
THE CASE OF PRIVATE JAMS.

THE CASE OF PRIVATE IAMS.
In This State the Disgrace of Dismissal
From the Service After Trial by
Court-martial Would Eave Besn Con-
lican Government Public Opinion
Cannot Be Defled by Militia Officers.
| Some Extracts from the Code.
| At the armories there is still considera-
bic discussion every night over the punish
ment inflicted on Private Isms of the
Pennsylvania militia, aud there have been
numerous inquiries, as q result, as Co the
penalties that can be msted out to the
Georgia militiaman who is guilty Of insub-
ordination or other infraction Of discipline
Officers, as well as privates, have thought
over the matter, and talked Of it among
themselves. Lieut. Col. Peter Reilly is one Of
these. While he did not care to enter into
any criticism OF the action OF the Pennsyl-
vanis officers on the strength Of what may
be exaggerated accounts Of the treatment
OF Iams, he told MORNING NEWS reporter
yesterday afternoon that he was inclined TO
regard the course pursued as likely 70 hinder
ths development OF the military spirit and
provoke an Antagonistic feeling to the
militia among young men from whom the
ranks must necessarily be recruited. It may
be that under the la vs. regulating the mill
tary OF Pennsylvania such punishment is
possible. Nevertheless he would regard 1t
as going to an extreme that would be more
apt to prove prejudicial than beneficial to
the true interests Of the service In Georgia
such treatment Of a soldier would not be
tolerated and he doubted IL an officer could
be found unwiss enough to attempt TO In
fliot it even II 1t were possible to 80 construe
the Code as to make 1t legal 30 do go.
THK FORCE OF PUBLIC OPINION.
Public opinion would effectually frown
down any attempt at cruel or brutal treat
ment Of private, even though he had been
guilty Of the grossest INSTRUMENTATION.
Under such a government as this, where
the soldiers are voluntary recruits, aud
where, in times OF peace, compulsory
service is out of the question, public
opinion cannot be willfully disregarded
even under the plea OF military
necessity. While discipline must.
OF course, be properly maintained,
a commander cannot shirk public senti-
ment, or act In defiance OF It, merely be-
cause the power vested 10 him may give
him the legal right to do SO, without driv-
ing away from the militia the very class of
men whom 1t is essential o secure to make
it body in whom confidence can be placed.
For this reason, il for no other, he would be
inclined TO regard such punishment as
Iams', il 1t has been correctly stated, as
| injudioious even IL the criminal had been
accorded the just rights OF fair trial and
| sentence by a proper tribunal, rights which
q man does not lose by entering the militia.
COURT MARTIAL REQUIRED HERE.
Under the laws of Georgia it is provided
that all military forfeitures. fines and PEN
alties shall be adjudged by courts-martial
in accordance with military law and the
usage of the army of the United States.
| The courts are to be constituted in accord
with the United States army regulations.
No court-martial, though, can ''impose
sentence Of death on any offender IN time Of
peace, or lmprlson an offender
Except for contempt In time of
peace" Courts-martial are given the
same power to punish contempt as civil
courts. Pecuniary penalties assessed by
court-martial are TO be collected py execu-
tion addressed to the sheriff Of the county
in which the delinquent resides, aud this
execution hes the same force and effect as a
| civil process of the same character.
| When called into acEuAl service, as In
time of riot, the militia of Georgia is gov
erned by the regulations OF the army OF
! the United States and the rules and articles
| OF war, 80 far as the same are applicable.
! The Code provides, though, that the aDpro-
baton Of the governor as commander-in-
chief is necessary to the cashiering Of an
| officer or the infliotion OF capital punish
ment.
IAMs IN GEORGIA.
| II Iams had been a msmber OF the
| Georgia militia and had committed such an
| ofense under similar circumstances, it is the
| general opinion among local officers that he
would have been urt-martialed and dis
missed from the service. The disgrace
would have been sufficient to have con-
veyed the lesson that discipline will be main
tanned without adding to it the pain of
being strung up aud the additional humili-
alton Of the half-shaved head and face.
The fact is appreciated, though, that the
! conditions under which the military force
of Pennsylvania exists are entirely different
| from those prevailing in Georgia. There
the state does everything for the soldier and
| he is put to no pecuniary expense. Here the
reverse is practically the case. In that state
q man can be held to his enlistment. Here,
some officers are inclined TO believe that
the enlistment law, under pre-
vailing circumstances, was a hasty
step and its provisions impossible
! of enforcement. While she Georgia
| militia, to their credit, have never provoked
the necessity for any harsh measures Of
discipline, it is doubtful, il, even in a case
| of gross insuoordiuation, anything beyond
| expulsion would be resorted to.
| GEoRGIA's SINGLE coURT-MARTIAL.
While there have been courts-nartial held
I by companies under company regulations,
there has been but one general courb-martial
held in Georgia, it is believed, since the war
| That was result OF the Chickamauga
encampment. One company pelted the
tents of another company with stones.
! The captain demonstrated with the
commander of the offenders, and before
shey ended the discussion language unbes
! coming 10 an officer was heard. a court
martial heard the case and presented les
findings to the judge advocate general. In
reviewing it he found several grounds on
which the oourt-martial was illegal and the
result void, the principal being that officers
Of the same grade as the officer on trial had
refused TO serve and Others of an inferior
grade had been substituted, The matter
was then, 1t is believed, dropped.
| II n ~