Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-13
TRIALS TN THE NAVY
LACK OF UNIFORMITY IN THE
SENTENCES IMPOSED.
Annual Report of Judge Advocate
General Dieh1 - To Save
Officers Time,

Such is the lack of uniformity in the SEN
fences imposed by summary courts martial
in the navy. and so imperatively necessary
does he regard a remedy for that condition
that Capt. 8. w. B. Dfehl. Judge advocate
general of the, navy, In his annual report
declares his intention at an early date to
ask for an investigation of the whole sub
ject by board of officers appointed by
the department. Limitations" he says.
lin the punishments to be assigned under
the statutes for various offenses should be
prescribed by the department, these to be
of an advisory and Instructive nature so
far as relates to the exercise of the judicial
function"
mands of the present system upon the time
of the younger officers for summary court
martial duty Captain Diehl recommends
authorization by Congress OF summary
four, as is now required, for the trial Of
minor offenses
Save Officers Time.
Thus roughly speaking. says he.
"three-fourths of the officers now engaged
in summary court work will be relieved
thereof Time will be saved in other ways.
Certain formalities of appointment, organ
ization and procedure will be eliminated:
the time occupied and the Objectionable
features involved in clearing the court for
consultation will be dispensed with; a sin
gle officer serving In this capacity, having
the matter in his own hands, can promote
dispatch without sacrificing the substan-
tial interests of justice. He need ask no
unnecessary questions and develop no I'M
necessary evidence. Undivided response
bility for the conduct of the case and the
punishments imposed in his opinion, would
doubtless tend to promote thoughtful, dis
eliminating and uniform administration of
discipline.
To Enforce Civilian Testimony.
Legislation is requested providing for the
enforcement Of the attendance of civilian
witnesses before naval courts: the use of
dispositions before such courts because OF
the rapidly changing personnel of shore
stations and the resultant difficulty of
curing the presence before courts of i'm
pOftant witnesses; the organiZatio of ex-
aminfng and retiring boards, merging the
professional and medical boards into one
board and remedying the present cunnber
some two-board system; the converting of
general courts-fnartial in the island pos
sessions of the United States by officers In
command of such stations the present law
making 1t incompetent for the department
to delegate such authority to officers: the
submission to the Court of Claims of all
cases involving the acquisition by naval
officers of patent rights that the court may
determine the proper allowance or compen-
sation TO be made. and the release of GER
tain tracts of land on Cypress Island and
navy commissioners upland in Louisiana
which have for long time been reserved
from the public domain for the use by the
Navy Department as a source of live oak
timber and which are no longer needed be-
cause of the decreasing use of that ma
terial in naval construction
Recommendation is made that Congress
be asked to authorize the furnishing of
suitable civilian clothing to a naval pris-
oner discharged as result of courts mar
tial. irrespective of the condition of the
prisoners accounts and to sanction the al
lowance to such person of a small sum for
necessary prison expenses and a gratuity
not to exceed $25 to be paid upon his dis
charge in cases where the prisoner dis
charged is without friends. ......
Navy Yard Guard House Needed.
In closing his report, Captain Diehl re-
fers to the navy yard in this city, as fol-
lows: t
The facilities at the navy yard Wash
ington, for the temporary confinement of
persons awaiting trial or convicted and
awaiting transportation to the regular
prisons are insufficient for such purpose
having in view the health of those so con-
hned. A guardhouse with accommodate tons
for about Is prisoners at this yard for the
purpose of temporary confinement as in
dlcated above, would in all probability meet
the requirements. The bureau of wards and
docks has included in it's estimates an an
preparation for this purpose in the sum of