The evening times., 1899-11-03
WORK OF coURrs-MART1AL.
Judge Advocate General Lieber Sub
mits His Annual Report.

mits His Annual Report.
The annual report of Judge Advocate Gen.
eral G. N Lieber. of the army. was made
public by the War Department today. 1t
shows that there were 7ss trials by general
court-martial with about 1890 convictions
OF the convictions three were OF regular
army officers and forty-seven volunteer Of
fcers; 1883 regular soldiers were convicted
and 2.i05 volunteer Soldiers. Five death
sentences were imposed, but all were COM
muted by the President
The total number of desertions was 2SS
of which Ia were regular and ia volun-
teers. The total number of dishororable
discharges were 1873. Of which 975 were
regulars and GA volunteers. Regarding
enactments by Congress to prevent the fail
ure of military justice the report says:
by the first section ii is intended TO
invest courts martial with the means of
obtaining evidence which, by reason of
their present lack of power to compel civ
ilian witnesses to testify. they do not pos
sess. The want of this power has made
itself felt more than once. II Will be no.
ticed that instead of seeking TO attain the
desired object by investing courts mart al
with the power to punish such witnesses r
contempt. II ID piopbstu " udhc tEC &c
fusal to testify an indictabie offence, it
being understood that the former measure
would probably be considered objection
able but the latter not. In order. however.
to meet and dispose OF some questions that
have been suggested. | would recommend
the addition OF the following proyiso TO
the first section:
Provided That this shall not apply to persons
residing beyond the State. Territory. or District
in which such general court martial Is held, and
that the fees of such witness. at the rate OF
cents n mile from his place of residence to the
place Of trial and $50 for each day required for
such travel shall be rendered him, and that after
tesiifying he shall be paid at the same rate for
returning a'o $50 per day while in attendance
on the martial. such amounts 10 be paid by
the Pay Department of the Army out OF the ap-
preparation for compensation OF Witnesses
"The second section repeals the ninety
fourth article of war. which fixes the Sours
of sessions of courts martial at between
the hours of s in the morning and in the
afternoon The article was copied from
the British code. and writers on military
law do not agree as to the original reason
for 1t. Whatever 1t may have been. no
good reason for the restriction any longer
exists.
The third section amends section 1S3
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 to admins
ter oaths to witnesses-authority which
they do not now possess. but 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 L. That in time of war the summary
court shall have power to adiudge punishment not
to exceed confinement at hard labor forfeiture
OF pay for three months. or both. and in ease of
non commissioned officer reduction TO the 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 it is necessary to |
convene general courts-martial. During !
active operations in the field this is i'm |
practicable and. in order as far as posi- |
Bile to avoid delays in the trials, il is very {!
desirable that the jurisdiction of the sum-
mary court should be extended as indi-
,ated so as to cover a larger class of I
minor offences.
The present organization Oh tue JuuSe
Advocate Generals Department is that !
which was provided for an army of $500.
For an army of the present size 1t is en- I
irely inadequate. The corps consists of
even officers, besides the Judge Advocate
General. OF these, two are needed in the
Judge Advocate Generals Office, and one
S assigned to duty as professor OF law at
he United States Military Academy, lew
ng only four for all other duty. The mere
of these facts is sufficient to
how the inadequacy of the present corps. !
The report of Major A. c. Sharpe, In
pector General and Acting Judge Advocate
;tneral of Porto Rico, is included in the
epOrt and shows that many reforms have
cen accomplished in that island.
Regarding a territorial form OF govern +
nent for Porto Rico, the report says:
IF this government Is prematurely with |
rawn and a territorial form Of govern
lent placed in control, as some Of the
orto Rican newspapers are now demand
1g it would in my judgment be the most
Unfortunate measure that could possibly
efall the island Under the present sys-
sm and the further reforms now under
by the department COM
,ander every administrative department
r bureau will have the benefit of Ameri-
an influence and advice. Under a terrific
al system this leaven would be wanting.
ne legislature would consist exclusively
I Porto Rican5, and the laws, the courts