Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-20
MILITARY LEGIsLAT,oN
L
Needs Suggested by the Judge Advocate
General of the Army.
Civilian Witnesses Should Be Com
PEELED to Testify Before Courts
Martial Trials for Deseftion.

In his last annual report to the, Secretary
of War, Judge Advocate General Lieber
calls attention to several military matters
deserving of remedial legislation He speci-
fies four subjects as follows: The amend
ment of the summary court act the SUBJ
lection to the articles Of war Of military
prisoners discharged from the service and
serving sentences of court-martial, the en-
powerment of general courts-martial to COM
pei civilian witnesses to testify and the
punishment of crimes committed on places
over which the United States has exclusive
jurisdiction.
Civilian Witnesses and COurts-Mar-
tial.
With respect to one Of these matters. be
says:
Another matter demanding legislative
action is the helplessness of courts-martial
when civilian witnesses refuse to testify.
Heretofore, when this subject has been pre-
sented to Congress, what has been asked
for has been the power for courts-martial
to punish. civilian witnesses for contempt,
and there has been objection to legislation
In that fern. l believe it has aeVer been
distinctly pointed out that the power Is
wanted for the sole purpose of obtaining
evidence. But that is in reality all that the
power Is required for-to obtain evidence
ana thereby prevent the failure of justice.
government of the army, and these laws
are intended to be sufficient to maintain a
high standard of honor among the officers
OF the army and to protect the property and
cther interests of the United States. 1t Is
of vital Importance that the power necessary
Tor these purposes should be vested in the
general court-martial, and this necessary
power includes the power to compel civilian
witnesses to testify. Cases of Importance
sometimes depend on it. A noticeab BILE case
has occurrei with n the year; an ofhc err who
is still in the service, being by the power
lessness of the court-martial to obtain the
necessary evidence from civilians, enabled
TO escape the consequences of his repeated
applications of Fay accounts. And an en-
pezZlement of public funds might be coz
cred up in the same way. The impotence
OF courtS-martial in this respect is humil;at-
ing"
Trials for DISCRETION.
On one of the other points, Gen. Lieber
says:
The decrease in the number of trials for
desertioa cannot be taken as an Indication
OF the improvement of the discipline Of the
army SO far as this offense is concerned,
that larger proportion of deserters escape
without capture than heretofore. This
seems to be owing to the smallness of the
reward for their apprehension. In a ma
Jorlty OF cases 1t would not cover the ex-
penses OF capture and delivery. 1 believe
II Is the general opinion in the army that
the reward should be increased, and in one
OF the reports submitted herewith It's in
crease to as much as 500 is recomme ended
But SO large an increase carries with it
another danger-the danger of perjury for
the sake OF the reward. Even when $50
was the amount offered, cases came under
my observation in which there was the
strongest ground for suspicion that the civil
onicers making the arrests swore falsely. in
oroer 10 NIX the crime Of desertion upon SOL
dlers guilty Of absence without leave only
thereby to obtain the reward. 1t is danger
GUS therefore, to go to an extreme in this
direction. l think a middle course should
De taken, so that expenses and somewha
more would be paid, but the temptation to
perjury made as small as possible If he
oid practice of leaving the determine alton of
the amount of the reward to the Secretarv
OF war should be restored. it could be regu-
be best" pio'e W