Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-10
TRIALS IN THE ARMY
DECREASE OF GENERAL COURTS
MARTIAL.
Annual Report Of Gen. George B. Davis,
Judge Advocate General-Effect
of Passifcation of Philippines.

The annual report of Gen. George B.
Davis, judge advocate general. to the Sec
rotary of War shows the total number of
trials by general court-martial during the
year to have been 4 249, being OPS less
than in the preceding year.
1.-The marked diminution in the number
of trials by general court-martial. which
amounts to nearly 20 per cent of the num-
Der of cases tried in the year ending June
30, 1905" says the judge advocate general.
lis very gratifying, as indicating that the
conditions of the military service are now
such as to require less frequent resort to
court-martial procedure in order to main
tain discipline in the military establish
ment" 1t also is noted that only two per-
sons were tried by military commission,
seventy less than in the preceding year.
Peace in the Philippines.
Commenting on this, General Davis says:
THE large decrease in trials by military
commission was due to the fact that peace
existed during the entire year in the Phil
ipp1ne Islands, except in certain portions
inhabited by the Moro tribes 1t is fur
Their shown that thirty commissioned Off
GERS We're convicted by general court
martial, the sentence being disapprovcd in
two cases. and four We're acquitted. OF
were disapproved in forty-six cases. The
number of enlisted men acquitted after
trial was 81. Nine officers were dis
missed by sentence, and in four cases the
sentences of dismissal were committed to
loss OF files. while it is shown that the
number of men sentenced to dishonorable
discharge was 1855 The total number of
convictions is given at 1895
Increase of Summary Courts.
Tables are given of trials of enlisted men
by garrison and summary courts, and show
that the garrison court-martial has been
largely superseded in practice by the sum-
mary court, the proportion of trials of the
former, as compared with the latter, being
approximately, as 1 to us
Inc percentage of enlisted men tried is
about 30; and of the men tried about 60
per cent were tried only once and about
50 per cent were tried not more than twice:
so 1t seems that less than 10 per cent of the
ENLISTED force We're tried more than twice
during the year by inferior courts martial
In cases where the trials are frequent and
the offender appears to be incorrigible pro-
vision is made for his trial by general
court-martial, although the offense may be
one which would ordinarily be tried by
summary court. and on proof of five pre-
Vious convictions within one year preceding
the arrangement the court is authorized to
impose dishonorable discharge together
with forfeiture of pay and allowances, and
a prescribed period of confinement In this
way, says Gen. Davis, the service is re-
Heved of undesirable men who are enlisted.
Notwithstanding the efforts which are con-
stantly being put forth to secure the best
possible material for enlistment in the
army. The reports from four of the de-
partments indicate that about % per cent
of the dishonorable discharges We're award
ed through the use of previous convictions.
Disciplinary Measures Sufficient.
The statistics show, however, that many
pnc f1, I-.ra
trial which. the report says, could be bet
ter disposed of by resort to the discip-
linary measures which are we'll within the
authority and Jurisdiction of post and COM
paDy commanders. 1t is believed by Gen.
Davis that the adoption of such measures
would materially reduce the number of
court -martial trials without impairing the
standards of discipline which have always
been maintained in the military service.
Upon the recommends ton of the depart
ment the eishtythird article of war, which
defines the Jurisdiction of the several IN
fer1or courts in respect to their power to
punish, was amended by the act of March
2, 1901, in such d way as to permit those
tribunals to impose sentences of three
months forfeiture of pay three months
confinement at hard labor. or both. at the
discretion of the court. Gen. Davis SAYS
that the operation of this enactment has
been to simplify the administra ton of mil
tary justice and to make it unnecessary to
REFER d considerable NUMBER of cases to
general courts-martial for trial which
prior to the adoption of the amendment
were exclusively triable by such tribunals
In this respect. he says, it has continued
to justify the expectations which were en-
tertained as to its necessity and propriety
when the matter was presented to Con-
gress.
Influence of Neighboring Saloons.
Appended to the report are extracts from
the reports of judge advocates of depart
ments. The following is quoted from the
report of Lieut.. Col Dunn, judge advocate,
Department of Colorado, regarding deser-
tons:
These assertions can be in large part at
tributed to the malign influences of saloons
and brothels situated near the reservations,
seduclnS enlisted men from the paths of
decency. This is only another of the many
arguments in favor of restoring to the army
the canteen, which provided places of
amusement and social intercourse, where
men could get light refreshments under re-
straining, decent and orderly influences
Capt. Roberts, acting judge advocate, De-
partment of Texas, says: With the begin
ming of the work on the addition to the
post of Fort Sam Houston 1t is observed
that the prices of business property imme
diately in rear of the new reservation have
materially advanced, and that arrangements
are already being made for the construction
of the usual assortment of saloons and
dives that the virtual abolition of the cam
teen feature of the post exchange has made
a universal accompaniment of every mill
tary post. 1 think it is beyond question
that permission to sell beer in the post eX-
change would drive out of business at least
two-thirds of the low resorts in the vicinity
of posts. Or, if this is impracticable, it is
thought that the selling of liquor within a
certain distance of military posts should be
prohibited by law. This is already done in
some states in the case of schools and col
leges and its extension to the army would
be in the line of good citizenship, since the
army is virtually q training school of young
men in the Supremacy important profession
of public defense"
Britt and Cans Matched.
Jimmy Britt and Joe Cans signed articles