Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-16
NUMEROUS SALOONS OPEN
Resorts Near Military Reservations
Pander to Appetite and Passion.
INCREASE IN 0FFENsEs NOTED
More Trials by Courts-Martial Than
in Preceding Year-Judge
Advocates Suggestions.

According to Gen. George b. Davis,
judge advocate general of the army, the
operation of the act of February 2. 1901,
prohibiting the sale Of beer, ETC.. in any
premises used for military purposes, has
undoubtedly caused the location near mill
tary reservations Of resorts for the sale
OF Intoxicating liquor and which pander to
the appetites and passions of those en-
listed men who. by reason Of the prohibi-
ton in question, frequent the same"
Gen. Davis says these resorts are be-
yond the control of the military authorf-
ties land their presence near the mill
tary posts Is highly detrimental to mill
tary discipline
The examination Of court-martial trials
shows that large percentage Of the Of
lenses. although not charged as drunken
ness. Is directly or indirectly traceable
to the use of intoxicating liquor. After
showing large increase during 1909 in
convictions for offenses involving drunk
enness, Gen. Davis says, the action OF
some states in making 1t an offense to
sell intoxicating liquors within q certain
distance-usually a mile-of q military res
ervation has been productive Of most ben
eficiai results.
Trials by Courts-Martial.
During the past year there were $3.50
trials by general courts-martial. an in
crease of 1,444, as compared with the
previous year. The number convicted in
cluded 35 officers, 2 cadets and $40 en-
listed men. There were 1895 cases of
desertion. 1926 cases of absence with
out leave, Z cases of granddaughter, of
rape and 351 of fraudulent enlistment
Ten officers were dismissed, as against
3 last year and 4 the year before. In
eight cases the sentence of dismissal was
commuted by the President to loss of
rank. About 60 per cent Of the enlisted
orable discharge, and in about 10 per
cent of the cases evidence of previous
convictions was considered by the court.
During the year there also were 4344
trials by garrison courts-martial and
20. 800 trials by summary courts-martial,
being an increase Of about 20 per cent
in each class, as compared with the pre-
vious year. Gen. Davis says that the
large increase in the trials by summary
courts appears to be due mainly to the
failure of commanding officers to dispose
of trivial offenses by the authorised dis
ciplinary measures designed to meet that
particular condition.
Only as Last Resort.
'It is an important incident in the up
building of a soldier says the judge
advocate general. that trial by court
martial should be resorted to only when
other disciplinary measures at the dis
posal of company and post commanders
have been tried without beneficial result.
1t Is, therefore, recommended that de-
partment commanders be instructed to OBJ
serve the methods of admonitory disci-
mands with view to a great and i'm
mediate reduction In the number of cases
referred to the inferior courts-martial
for trial.
martial over last year, about 35 per cent
Is In part due to the increase In the
number Of trials for desertion, of which
there were 412 more than last year. ow-
ing to the effort On the part of the mill
tary authorities to secure greater vigil
lance in the apprehension Of deserters.
This increase is also in part due to the
amendment to the executive order by
which 1t Is made easier for company COM
manders to rid their organizations of I'M
victions.
1T Is believed, however, that these two
causes do not fully explain the large in
crease In the number of trials by general
cOurt-martiab but that such increase 10
largely due to the failure on the part of
commanding officers to properly investi-
gate charges before forwarding them,
with a view to determine whether or not
the offenses, in the light Of the evidence
adduced, are of such a character as would
justify trial by general court-martial.
THE general court-martial should b re-
sorted to only in respect to the more
serious offenses which cannot be ade-
quately punished by an inferior court
martial, or where the previous convictions
submitted with the charges would author
lie the imposition of dishonorable dis
charge, a punishment which cannot be
adjudged by an inferior court-martial.
Increase Recommended.
In view of the constant increase Of the
work In the judge advocate generals de-
partment, Gen. Davis recommends mod
crate increase in its commissioned
strength and that the detail of three act
ing judge advocates be authorized. Va
rious new legislation is advocated for the
benefit of the service, including the broad
ening of the regulations allowing abate-
ment of prison sentences for good con-
duct. so as to include garrison prisoners
serving sentences of more than three