The times. [volume] (Washington [D.C.]) 1897-1901, 1898-03-13
TRIAL BY COURT-MARTIAL.
The Inquiry Inefficient Because of
Lax Rules.


The court-martiaI which has recently
been trying Capt o. NJ Carter OF the
Army has called again into view the In
efficiency of these bodies in attempting 10
deal with questions other than matters
of military discipline.
With questions of a purely military
character they doubtless represent the
best method of maintaining the discipline
of the Army. In times of war they mete
out summary and exemplary punishment
for INSTRUMENTATION and the other phases
of wrongdoing which Interfere with the
fighting efficiency of the Army. In this
field there seems to be no substantial OBJ
lection TO them, because of the necessities
of the case. When, however, they attempt
to try questions of a purely business or
criminal. as distinguished from military
character, they enter the domain already
occupied by the constitutional courts of
justice, and necessarily must be compared
with them. These courts-martial are not
strictly judicial bodies, and no direct APP
peal can be taken from their decision 10
a court of law, even though the proceed
ings are improper The President alone.
or for him the Secretary of War, can re-
view the findings.
On purely military questions there is
little danger that their conclusions will
be incorrect: but in other matters, in
volving business transactions or crimes.
these bodies of soldiers. none of them
versed in the intricacies of commercial or
criminal law, will, in the nature of things.
be likely 10 make mistakes. If courts of
justice. with trained judges. so frequently
make mistakes. what can be expected of
novices unused to business questions. I'M
familiar with questions of law, but train
ed only to command or obey?
A court-martial is usually composed of
persons equal or superior in rank to the
accused One of their number presides
and is the official mouthpiece OF the body.
and there is a prosecuting officer known
as the Judge advocate. rhe accused may
have friend to advise him; he cannot
have counsel as of right, though that
privilege is practically always accorded.
Each member of the court has voice in
declaring the law in a case; yet if any
one of them knows any law it is a chance
pure and simple; nevertheless TO them
are submitted the most difficult questions
of law-for instance. whether this or that
line of evidence offered has any legal
connection with the charges against the
accused. This body celebrates in private
on these questions of law (of which they
| need know nothing), and may by a mis-
| take irreparably ;njure the accused, de-
! prive him of his honorable name, and
! perhaps also send him to prison. Age,
| rank, knowledge or experience has no
| power in determining the decision There
! is no guarantee that any member knows
| anything about the point under consid-
! GRAFTON, and the few officers who may
| thoroughly understand it may always be
| outvoted by a less well-informed major
| ity" Testimony is thus introduced bring
| ing matters before the court which form
| no part of the charge in question, but
, which, however irrelevant. may give a
| strong color to the case. and thereby
prejudice the minds of the court. divert
| ing them from a calm and unbiased con-
sideration OF the matter Immediately be-
! fore them.