Evening journal., 1913-02-04
|. ! | | OF
OF MILITARY
COURTS U.S.A.
Senate Passes Bill Urged by
Senator dupont Providing
New Process Of Trial
JUSTICE HAMPERED
UNDER PRESENT PLAN
Special to THE EVENING JOURNAL.

Special to THE EVENING JOURNAL.
WASHINGTON. d. c. Feb. A.
United states Senator Henry A. du-
Pont, chairman Of the Senate Military
Affairs Committee, yesterday after
noon. reported favorably upon a bill
for the regulation of the military
courts Of the United States Army and
urged its passage in an address. ex
planning to the Senate the pressing
need OF the measure II the bill
becomes a law it will protically
change the entire system Of court
martial in the Army
The bill is entitled "a bin regulating
the appointment OF general cnurts-
martial in the Armies OF tie United
States, including all persons belonging
now or hereafter. made subject to mini.
tary law In addressing the Senate.
senator DUPONT said: IL ask for it's
present consideration trust that
there may be no objection made. for
the reason that the legislation en-
bodied in the bill is most urgently and
pressingly needed for the proper disci-
pline and efficiency of the Army. The
administration Of military Justice is
seriously hampered by certain provis-
ions of existing laws which were
framed many years ago and are en-
tlrely out OF touch with present con-
ditions.
In the first place. the delays incl
dent TO trials by general courts-mar-
tial are excessive. The report of The
Judge Advocate General for the past
year shows that the average period
between the preferment of changes
and the official announcement of ac-
quittaf or conviction, Is nearly seven
weeks, and. this being the average
period. i goes without saving that i'm
very many cases the time is as long
as three or four months: during
which period, If officers the accused
remain in arrest and, If enlisted men
IN confinement and i'm either cases are
unable In consequence TO perform
Iheir appropriate military duties.
lnls IS q very poor showing. as the
fundamental principal of code Of
military punishment is the enforce
ment of prompt obedience by prompt
punishment
Another consideration. perhaps
even more important is that when
ever troops are assembled in any con-
siderable numbers, under existing con-
ditions, for instruction or other mr.
poses, there is no provision of law by
which military offence can be num-
ished, and I can best illustrate this
/ by citing the state of things which ex-
/ isted when a division of troops was as
embed on the Mexican frontier about
a year ago. The commander of that
I division had no authority TO convene
a general cOurt-martial for the trial
I OF ohenders, and discipline could only
be preserved by the convening OF gem
eral couris-martial under the fiction Of
law, but one Of his subordinate officers
who happened to be in command Of
the Department Of Texas
The Military Committee has made
careful examination into this state Of
affairs and believes that it is impera-
tive that some legislation should be
passed at once TO promote the proper
discipline and efficiency of the Army:
and /. am informed thai the House
Committee on Military Affairs has al
ready examined and approved of the
Legislation embodied in this bin in con-
nection with the proposed revision Of
the Articles Of War. 7 hope. there
fore, that II may pass the Senate. to
the end that it may be Incorporated i'm
the Army appropriation bill, and put
into effect ON the first OF July next.
1T is to be observed that the greater
part Of the provisions embodied I'm the
! bill are those now on the statute
book. The changes proposed enable
general courts-mariial to be convened
with greater facility and promptitude.
as well as to more effectively guard
! the rights OF the accused. both Of
which considerations are of the high
est Importance. The special courts
martial herein provided take the place
J of the old garrison and regimental
fcourts-martial. with authority to inn
pose sentences Of somewhat more Sc
verify which viii enable those tri-
bunals to deal with many offences
which heretofore had to be brought
before general courts-martial, and viii
greatly expedite the administration Of
military Justice. The provisions in re-
gard TO summary courts-martial are
practically those which are now on the
statute book, with one proviso. which
is believed TO be more just to the en-
listed men who are brought before
courts
"In this connection ! will send to the
secretary's desk and ask that it be
read, a communication to the Secre-
tary of War from nearly all of the gem
eral officers Of the Army enlarging
upon the necessities Of the prompt pas
sage of the legislation referred to-
The bill was passed by the Senate
without objection.