New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-10-21
Wilson Peace Slogan
Refuted by Judge
Advocates Decision
INVASION SHOWN
AS REAL BREACH
General Crowder Decides
Status of Campaigns
on Legal Points
,r-...s..- co-rnsponaent q n. Tr1hun..

fItetmen IN washington "no navy
ham eheered By the Western response
"a the Wilson cry that he kept Us out
=, war" have been rudely awakened
ysn article in "The Army and Navy
Jsurral" containing the text Of or
srs,ion delivered by Brigadier General
crvder, judge advocate general OF
,hs United States army. For some
,,uOn this decision gained small no
Tee before, but now that it has been
,ublished in "The Army and Navy
Journal" President Wilson's opponents
lave seized upon it and it seems des.
tued to be a factor IN the late days
Of the campaign.
Tie refutation Of President wilson's
,lsim By his judge advocate general is
no. without q touch Of grim humor
II. concluding and vital paragraph OF
General Crowder's opinions reads as
follows:
Il am. therefore, OF the opinion
that, while war is not recognized
as existing between the United
States and Mexico, the actual con-
ditions under which the field opera
tons in Mexico are being con-
ducted are those of actual war;
that within the field of operations
q the expeditionary force in Mex
10 Il is time of war within the
meaning Of the 55th Article of War,
since II could not have been in
tended that under such conditions
United States soldiers would be
turned over TO the authorities OF
Mexico for trial.
The clause, "while war is not recog-
rned as existing between the United
States and Mexico" is considered by
-suy as General Crowder's personal
SOP to President Wilson, while the re-
nsinder OF the paragraph embodies has
Professional legal view of the situation
sr the border.
Administration Embarrassed
Civil legal members of the Admins
ration are said 10 be busily engaged in
searching the authorities for opinions
,nd precedents with which TO refute
'ts judge advocate general, but the
records thus far have produced only
'sstsining evidence 70 bear out Gen
,rsl Crowder's contention that the
United States is at war. The situation
is declared 20 be the most embarrass-
Ing the Adm inistration has had to meet
lhee Il decided 10 make its chief cam
rsign slogan "Wilson has kept us out
dvsr"
Il appears the matter arose In the
routine Of army business, and General
Crowder had passed on it and made
p1blie his opinion before politics
Washington was aware the question
ssd been raised. The general was asked
b, opinion as TO whether soldier.
tsirged with certain crimes should be
tired before civil or military tribunals
Ii. answer was in the form Of. the fol
l'sisg opinion:
/. The opinion Of this Office is
desired on the following question:
Before what tribunal should
member OF the expedition in Mex
ieo be tried for murder or rape ?"
2. The 55th Article Of War, II it
applies, answers the question. II
provides that "in time~o war, in
svreetion or rebellion" the crimes
therein specified, including murder
and rape. shall be punishable by
the sentence Of general court
martial when committed by persons
N the military service Of the
United States"
State OF War Exists
.. The application Of this Article
H War depends on the question
whether or not IL is ain time Of
var BY reason of the field opera
hohs Of the expeditionary forces
IN NeIieo within the meaning Of
tsi. article.
T. II IL well settled By the de-
Stipn Of the United States Supreme
so9rt THE Prize Cases, 81 &. S.
W. mat "a state Of actual war
nay exist without any formal dec
1s'ion Of u by either party; and
nf ~ true ~ both a civil and for
Ngh var" Probably the best def
.lNpn Of war is that given BY Vat
~ VINO. ~ the beginning of the
.l,ra BOOK IN his Law of Nations,
e1nsh var % be that state in
fsrees
~ ~ thus apparent that under
~ law there peed BE- no formal
,.tafstion of war, but that under
@ oshnitlon ~ Vsttel state Of
r snists. 20 far az concerns the
,esfstDns ~ the United States
s.'oes IN Mexico. by reason ~ the
ei 'hst The United States IL pros
.prE - riHhts b. force of arms.
~ % manner in which war IL
-s1ily conducted. The statutes
.'fh ere operative only during
ssno9 - war have been inter
.sN1 ~ relating " condition
s 10, theory. Thus IL was held
=. s
''nsisss1 on page z. column .