The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-08-19
CAPT. CARRIERS FAMOUS CASE.
WORE INVOLVED THAN THE CUES
TON OF GUILT.

That Civil Judge Should Pre-
side. or That an officer Have the
Right to Demand Civil Trial.
From the New York Evening Post.
Washington, Aug. 16.-The long delay
and great uncertainty attending the con-
clusion of the case of Capt. O. Nj. Car
ter of the Engineer Corps have had one
good effect in bringing TO public notice
in a striking way the shortcomings of our
system of military judicature. It is now
much more than year since Carter was
convicted by courtmartiaI Of making
away with some $1,60O,00O of Government
money by collision with contractors do
ing engineering work in the Savannah dis
trct. and sentenced to dismissal from the
army, a term of imprisonment, and
heavy line. 1t is the most appalling penal
w. short of dishonorable death, that has
been decreed by such a tribuna, N many
years, and the record covers some six
thousand pages of typewriter manuscript
The President when called upon to ap-
prove or modify the courts findings was
faced with the necessity of either acting
upon the case without examining it, or Of
Wading through a mass of testimony which
would have consumed weeks of his time
10 the neglect of other public business:
and he did what Presidents are accus-
toned to do under such conditions-turned
over the details to be sifted by others in
whose judgment he had confidence falling
back finally upon his official law adviser,
the Attorney-General, VINO has now takrn
the papers with him into the country,
and is expected to reach a decision some
time n the fan. The most that the Presl-
dent has been able to do personally is 90
vrrg7. III al
appeared to be acquainted with the facts
in the case the one question: Is Carter
guilty or is he innocent?
This. of course, is the question in which
the country takes most interest; but there
is another behind this, which is common to
all cases not tried by a drumhead court or
by Judge Lynch. namely, whether the ac-
cused man received the benefit Of all the
opportunities for defense guaranteed TO
him under the constitution, of which The
fifth amendment forbids that he "be COM
PEELED in any criminal case to be a witness
against himself" or "be deprived of life
liberty, or property without due process of
law" The search which the Attorney
General is called upon 10 make, therefore
is not alone into the merits of the case as
il stands in the record against Carter but
into the technical question as well.
whether the conclusion of the court was
reached by lawful means.
Here it is chat the c0urtmartial as now
constituted, shows its elemental weakness.
1t is no disparagement of the conscientious
purpose of the officers composing a court
martial to say that they are not trained
jurists. We might even go further and say
that the assistant judge advocate general
who acts as adviser to the court in its pro-
Ceedings cannot be measured by the same
rigid Standards of learning and technical
skin which we apply to the criticism of a
Judge of high civil court of general jurlS-
dictiOn. 1t is pity that if we must separ-
ate the functions of our civil and our mill
tary courts, we cannot secure, for the
omOuments of a military staff officer, the
most brilliant talents or the most profound
legal attachments Admitting for argu-
ments sake. that the lawyers who ind
their way into the judicial corps of the
army and navy will compare fairly with
the average of their brethren at
the civil bar, we have only
10 inquire how large a proportion
are qualified for the bench, or how many
could be trusted to steer a comparatively
inexperienced magistrate, however sincere
in intent through all the intricacies of the
law of evidence. The mere question wifi
suggest its answer promptly to the mind of
every one familiar with judicial procedure.
1t is often asserted that we should eli
inmate many delays and secure substan-
tal justice in a majority of cases by turn
ing over persons accused of crime 10 tria4
by board of intelligent and right minded
citizens not claiming any knowledge of
the established rules of evidence but bent
simply on bringing out the essential facts
in the one case before them; and possibly
this is true within certain limits But
when we pass from the consideration of
the mere rules, which courts may vary by
their own act to the general provisions
of the organic law we face another ques-
ton entirely; for these provisions rest upon
the same foundation as the courts them
selves, They are the handiWork of the
came power that constructed the courts,
and can be changed only by that power,
which is equally capable of sweeping the
whole machinery of justice into the junk
heap if it will.
The civil courts are not free from error;
II they were we should have no need of an
appellate system. But the chances of cor
rect procedure are as much greater with
them than with the military courts, as the
chances of correct medical diagnosis and
treatment are greater in a modern hospital
than in the sick-bay of a ship. 1t is not
practicable to carry distinguished medi-
cal faculty around the earth with every
naval vessel that goes upon a long cruise,
for the time being one must divide ones
trust between Providence and the ships
surgeon So, in the severe stress of war,
or IN the thousand disciplinary cases of
MINOR Importance which arise in the army
even in time of peace, it may be well
enough or even necessary to take the
snort cut to justice through the court
martial, which has at least the virtue of
jealous regard for the safety of the
country and the honor of the service. In
case like Carters however, where the
ouense charged is enormous, and must,
u proved, be visited with proportional
punishment the courtmartial is far from
neng short cut to justice. II is bound to
ne either actually inadequate to its task,
or open for all time to the suspicion of
injustice, and the moral effect of such a
suspicion is in the last degree damaging
TO the service.
rake for example a single issue raised in
the carter case-the seizure and overhaul
ing Of the defendants private papers. His
IQdges assert that he consented TO this.
ms friends respond that the seizure WIS
made without his authority and that what
Is treated as his consent was simply the
ueclaratlon of an innocent man, after the