The times., 1899-11-04
a YEAR,s couRrs-MARrIAL.
The Judge Advocate General of the
army Wax. Rennr.


Army Makes Repors
Judge Advocate General G. y I5eba- os
tho Army. yesterday submitted his annual
report TO the War Department.
or trials by court martial there ~ere
about $500 convictions out Of 5.7sS trisis.
of the convictions Ease were regular soI-
dieFs and 2405 volunteers There were
~ volunteer officers convicted and 3 officers
in the regular establishment
In the number Of desertiOns and dis
honorable discharges the regulars were
greatly in excess Of the volunteers. there
being only ia volunteers who deserted 10
la regulars while g75 regulars were dis
honorabiy discharged and onIy 644 volun-
-eeTs
The report strongly recommends changes
in the enactments OF Congress TO prevent
the failure Of military justice Ii saws.
by the first section 70 IS intended TO
invest courts martial with the means OF
obtaining evidence which. BY reason OF
their present lack Of power 10 compel civ
ilan witnesses % testify taey do not Dos
sess. The want Of this powe- hss uade
itself felt more than once IL VIII be no
ticed that instead OF seeking to attain the
desired object BY investing courts-uars al
With the power TO punish such witnesses for
contempt. IL is proposed 70 make the re-
fusal 10 testify an indictshle offence it
being understood that the former measure
would probably be considered objection
able but the latter not In order however.
10 meet and dispose OF some questions tnat
have been suggested. I would Fecommeud
the addition OF the following proviso 20
the first section:
Provided, That this shall not apply 10 persons
residing beyond the State Territory or District
IN which such general court martial is held ard
that the ices Of such witness. al the rate of
cents 4 mile from his place of residence to- the
place Of trial and 81 50 for each day required for
such travel shall be rendered him. and that after
testifying he shall be paid az the same rate for
returning and 81 50 per day while In ATTENDANCE
on the court martial. such amounts 20 b. paid hy
the Pay Department Of the Army out % the ap-
preparation for compensation Of witnesses
The second section repeals the ninety
fourth article OF war. which fixes the hours
Of sessions OF courts-martial at between
the hours OF in the morning and ia ths
afternoon. The article was copied from
the British code and writers on military
law do not agree as to the original reason
for it. Whatever IL may have been. no
good reason for the restriction any longer
exists.
The third section amends section ls3
Of the Revised Statutes by the insertion
OF the words and any officer OF the army
detailed TO conduct an investigation. and
the recorder. and. If there be none the
presiding officer of any military board ap-
pointed for such purpose the object Of
the amendment being to vest such officers
and boards with the authority 70 admins
ter oaths to witnesses-au,hOrity which
they do not now possess. bur which they
need in order that they may have adequate
power to ascertain the facts in the matters
under investigation.
ITO the bill as passed by the Senate I
would further recommend the addition OF
the following section namely.
Section 4. That In time Of war the summary
court shall have power to adiudge punishment not
20 exceed confinement az hard labor OF forfeiture
Of pay for three months or both. and in ease Of a
non-commissioued officer reduction to She ranks
IN addition thereto
The Jurisdiction Of the summary court
now extends TO the award Of one months
confinement and forfeiture Of pay. In the
cases OF offences for which their power OF
punishment is inadequate il Is necessary to
convene general courts martial During
active operations in the field this is i'm
practicable and, In order as far as pcssi-
bic 10 avoid delays iu the trials. it is very
desirable that the jurisdiction OF the sum
mary court shoU-d be extended as iudi-
Gated. so as 10 cover larger class Of
minor offences.
The present organization Of the Judge
Advocate Generals Department is that
which was provided for an army Of % go.
For an army of the present size II is en-
tirely inadequate. The corps consists OF
seven officers. besides the Judge Advocate
General. OF these. two are needed in the
Judge Advocate Generals Office. and one
is assigned to duty as professor or law az
the United States Military Academy. Ieav-
ing only four for all other duty. The mere
statement OF these facts is sufficient TO
show the inadequacy Of the present corps.
The report of Major A. C.. Sharpe. IN
spectOr General and Acting Judge Advocate
General of Porto Rico. is included in ina
report and shows that many reforms nave
been accomplished in that island
Regarding a territorial form OF govern
ment for Porto Rico. the report says
IF this government is prematurely with
drawn and a territorial form Of govern
ment placed in control. as some Of the
Porto Rican newspapers are now demand
ing. it would in my judgment be the most
unfortunate measure that could possibly
befall the island Under the present sys-
tenn and the further reforms now under
consideration by the department com
mander every administrative department
or bureau Will have the benefit of Ameri-
can influence and advice Under terrific
rial system this leaven would be wanting,
the legislature would consist exclusively
Of Porto Ricans. and the laws. the courts,
the bar. and the institutions and customs
OF the country would remain Tor an lnden-
mite period Spanish and un-American-
Intimate daily association for several
months past with many Of the most cul-
tured professional gentlemen and public
spirited citizens Of the island has only
served to confirm me in this opinion which
/ find is also entertained by many OF the
most intelligent and patriotic Porto Ri
cans themselves. Continued military con-
troll therefore, for a reasonable time. aided
by wise advisory councils cannot fail TO
secure gradual but steady and ultimate
assimilation by the people Of our best
American thought and methods Of admin
istratiOn.
The reports OF the judge advocates Of the
various departments OF Cuba show that
excellent work has been accomplished and
the reports suggest that forms OF recrea-
tion be adopted for the soldiers which viii
have tendency to reduce the necessity
for courts martial