The Washington herald., 1908-03-28
Frustration of Naval Justice.

The Navy Department is seeking Of
Congress at this session certain changes
IN the statutes which will permit tie ad-
mlnistration of justice in the navy. II is
an effort which is made with each ses-
sion of Congress. and as often fails of
result II is a perfectly harmless piece
Of legislation which is sought by The
Secretary Of the Navy. and has to do
with a change Of methods without in
volving politics or any vexatious and
ridiculous question Of line and staff quib-
bling One Of the reforms sought is that
which is rendered necessary by the ex-
tension Of our interests beyond seas and
the need Of administration which shall be
independent Of the authority in Wash
ington. II is one OF the necessities Of the
expansion OF the United States into a
world nation"
At present under the law, general
courts-martial in the navy may be con-
vened only by the President. the Secre-
tary Of the Navy. or the commander-in-
chief OF a feet CT squadron. 1t is desired
that this authority be extended to naval
officers who are commanding naval sta
tions in the island possessions of the
United States Those places are remote
from Washington. and have quite as
much independence OF command as a feet
or squadron When an officer or enlisted
man at Samoa or Guam. for instance.
commits a serious ofense. a report Of the
I incident must be sent to the Navy De
partment. where charges and specihca-
tions are drawn up and a general court
is ordered. Then the charges are sent
back to their place of origin-Samoa or
Guam-and the case brought to trial.
! This incident is followed by the shipment
Of the records of the trial To WASHINGTON
/ for revision and TO receive the depart
mental action on the findings and SEN
/ tcnce- Much time is lost between send
| ing 70 Washington the original report Of
/ the offense and the receipt of the final
\ departmental action at the place where
Z the trial occurred. This appears 10 be
the triumph of circumlocution. and there
must be amazement that the condition
has so long prevailed. and that Congress
! has persistertly refrained from grant
/ ing the relief so industriously requested.
The need Of a reform Is emphasized by
a recent incident where two men de-
serted from the L. S S. Adams prior to
her sailing from Samoa for the United
States. These men were apprehended
shortly after the sailing Of the Adams,
and were recommended for trial by GEN
eral court-martial There was some
necessary correspondence. and the men
were brought to trial four months after
the date OF their desertion The NAVY
Department received the proceedings and
sentence Of the trial two months after il
| occurred. or six months after the deser-
ton. Each man was sentenced To four
months Imprisonment and dishonorable
discharge. In cases involving confne-
ment. the imprisonment dates from the
day OF the approval Of the sentence by
1 the convening authority, so that these
men, who had been confined for six
months pending the report of their de-
sertion, their trial, and the action thereon
were confronted with spending two
months more in Jail before. the DEPART
ment action was received at Samoa. The
only thing TO do was to remit the period
of confinement, as the men had already
| served in confinement more than the
period imposed by the court. A situation
Of this sort possesses an element of the
ridiculous which probably did not appeal
to the culprits. and which now should
serve as q very pertinent example of the
absurdity Of the restrictions imposed by
existing law.