The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-10-10
An ARMY BOARD or REvIEW.
Tribunal for Repairing Injustice Done By
Coui t. Martial and Returning Boards.

Courts Martial and Returning boards.
WASHINGTON. Oct o.-Gen. Wheeler OF Ala
bama has renewed In the present Congress an
interesting project which once obtained the
endorsement OF the House Military Com mittee.
for creating a Board OF Review in trials by
court martial. The cases to which it is limited
are those in which the accused has been dis
honorably discharged from the army or in
which q Board has wholly retired an officer.
This last is an addition to the former project
This Board OF Review would be appointed by
the Secretary OF War and would consist OF
three members and recorder. oil officers of
the army. and to serve without extra pay.
except that retired officer SO appointed
would have the active pay OF his grade.
Whenever the Board should recommend grant
ing In whole or in part the relief sought by the
petitioner. the Secretary. if approving its
action. would lay the findings and evidence
before Congress. with a statement Of the action
he might think necessary. However. right
to pay or allowances would accrue from an
amendment Of the records which might be
granted in any such instance.
Perhaps the first impulse is to doubt tho
wisdom Of this measure. Its tendency might
seem to be to make courts martial less bur-
dened with q sense Of their responsibility. or.
at all events. less slow to pronounce a sem
tence Of dishonorable discharge. since there
would be still another tribunal open to the
any injustice done thereby, In the same way
be ore apt to remove officers from the active
list than they are now. since they would be no
longer the final tribunal
dency wouI really be in that direction. The
very knowledge that its action might thus be
martial or tho Retiring Board to be careful lest
It should afterward be scored for incorrect
has already been made to the fact that the
project Of this kind. In doing so. it rema rked
that while most courts martial were no doubt
conducted with fairness. yet the commi ttee
has the proof that many cases have arisen
tce has been done. This bin viii enable the
government to rectify such wrongs and hard
ships" PERHAPS the so4ndest argument that
supplies to the system Of military jurispru:
denee something resembling the Court 9f
law; The tendency nowadays seems to be to
modify In times Of peace any arbitrary ele::
the accused might su ff injustice. and there
nehod S q sFsSs Il Ses wifi a a
:, One, objection to the proposed measure Is
that there already exists. in every case which
sentence Of dishonorable discharge by a court
martial and no retirement OF an. an officer nicer
higher authority. And even the recommenda;
ton OF tho proposed Board of Review. as will
be seen. must itself be approved by the Sec
rotary OF War before being referred by him to
Congress. The actual result secured is accord:
ingly that Of interposing one more court and
or Board and the final decision OF the War
Department upon the case. 1t may therefore
be urged that a drawback will be its tendency
to prolong litigation and to keep the final re-
suit Of court martial and retirement proceed
ings suspended in way Injurious TO the army.
But that is an objection which appies to any
system Of appeal designed to secure the ac-
cused against injustice.
One feature OF the measure which may
recommend 1t to Congress Is the possibility OF
It's reducing the mum her OF appeals made to
that body for the restoration OF dismissed off,
GERS. These appeals are. 80 numerous that the
examination OF the evidence becomes a seri.
Gus burden. OF course. since the pending bill
provides for the submission To Congress OF all
cases OF relief favorably considered by the
Board OF Reylow. this task would not wholly
be removed. But It would be greatly lessened
and Congress could avail itself OF the labors Of
the Board to ahbrevlate Its own. Still another
gain might be the gradual collection Of n body
Of criticsms upon court-martial proceedings
which would be of great service in military law.