Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-01-10

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the law-making power which has en-
acted the articles of war. On this point
of punishment or discharge the arti-
cles of war are perfectly explicit. Arr
ticle provides that no enlistem man,
duly sworn. shall be discharged from
the service without discharge In
writing, signed by field officer of the /
regiment to which he belongs or by the
commanding officer when no field Off
Ger is present and no discharge shall
be given to any enlisted man before his
term of service has expired, except by
order of the President, the secretary of
war, the commanding officer of a de-
partment or by sentence of a general
court artia1.'
Power ExpressI" Recognized.
at will be observed that the power
of the President, the secretary of war
and the commanding officer of the de-
partment to discharge an enlisted man
Is expressly recognized.
1.-THE dishonorable discharge can only
be given by sentence of a courtmartial;
the honorable discharge can, of course,
be given by the commanding officer,
but there is another discharge now de-
scribed as the discharge without hon
or which is not limited to the action
of courtmartial and which comes
within the discretion Of the President,
the secretary of war and the commands
ing officer. The regulation as to tho
discharge without honor shows as ex-
plicitly as language can the large pow
er of the commanders chief to order
such discharges In some form this
power of summary discharge by the
commander chief has always exist
ed and been exercised. Our military
law, as / have said is taken from the
military law of England and our prac-
tice has remained practically the same
as English practice. The English au-
thority, Clode. in his work. says on this
point: Though an engagement is
made for term certain, the crown is
nuder no obligations to retain the SOL
der. either in pay or in arms. for that
period, but may discharge him at any
time. The safety of the realm may de-
pend in some measure on the immed1-
ate discharge of or dismissal Of any
man or regiment in arms and, equally.
that the cause of such dismissal not at
the time be disclosed by the respon-
sible ministers of the crown
Power of Summary Dismissal Inherent.
There can be no doubt whatever
that the power of summary dismissal
was inherent in the office of comman-
der-in- chief when the president was
invested by the constitution with the
office and there has never been any at
tempt on the part of congress to pre-
vent or interfere with the exercis of
this authority. Enlistment is con-
ract and has been so held by the SUI
preme court of the United States and it
is a contract terminable at will by the
government This is all that is done
] when a soldier is discharged without
| honor. The commander-in-ch chief or his
representatives terminates the contract
| of enlistment. The precedents are gath
cred together in the report of the judge
4 advocate general and it appears that nc
i less than 352 enlisted men were dis
i hcarged without honor from the army
of the United States during the past
1 year 1t makes no difference whatever
in principle whether one man or ten, OF
\ one hundred or an entire regiment are
u dismissed in this way. The principle is
II the same in all. The power of sum.
mary dismissal must rest where 1t has
4 always rested, with the highest mill.
) tary authority in the country. 1t is Inn
possible to conceive of maintaining al
!, army or any other principle. If a sol
| der cannot be separated from the ser.
J, vice except by being convicted of crime
!, on evidence which would satisfy a jur.
/ in a civil case, there is no possibilit.
) of maintaining military discipline.
Waste of Words to Argue Dismissal
1.-THE power to dismiss or terminals
the contract of enlistment is absolutel!
essential to the maintenance of an ar
my. In fact, the principle runs through
: all business and society Civil societ.
could not go on II the power of dis
missal or removal without the neceS
; sity of evidence to convict before
jury was not universal. 1t has been rec
; ognized fully in the civil service. TIL
theoi that the Presidents power .
removal could be limited was debate'