El Paso herald. (El Paso, Tex.) 1901-1931, 1918-04-24

MERELY BY expressing his opposition in a letter to
VI senator president Wilson killed the bill providing that
edition shall be tried by court martial instead Of by
he ciTu courtsjust evidence Of the enormous
poWer which the president yields.
Senator Chamberlain introduced this measure dubbed
rhe court martial bill IN the belief that army and navy
courts could dispose Of sedtion chSrges much quickly
aud justly than the civilian courts In hearings before the
senate military affairs committee, Judge John F. MCGEE, OF
lnezpOls member Of the public safety committee Of
that state; Norman H. White, Of BrOokne, Mass Col r
y Nande1an OF the army intelligence service and Capt
Causy, assistant director OF the naval intelligence
presented strong arguments In favor Of the turning
the sedon cases 70 courts martial 1t was represented
That the department Of justice IS swamped with work and
unable 20 give proper attention TO many cases. that civilian
officials often Indifferent to charges that
authorities have earned the contempt Of foreigners and
alien enemies believe they carry ssdtous activities
with impuuity; that in some districts with heavy alien
pouztion tits impossible get jures convict
ID such cases and that prosecuting attorneys elected
Office sometimes 10th to present evidence in districts
With Contamination populations It pointed out
also that the lack Of methods for dealing promptly and
ecacousy with sediti0us incentive mob
ne country and which reached Its Climax apparently IN
ne uuustfiable lynchng Of Prayer CoInsve Illinois
To show how politics had influence the senate dis
cssons Of this question senator Chamberlain, Democrat
introduced the bill while senator Overman, Democrat op-
posed it and senator Borah, Republican likewise spoke
against i, declaring 1t unconstitutional This view
Shared BY various other senators, Republicans and Demo-
IatS
President Wilsau IN his letter to senator Overmau ez
presses the view that the law, enacted would be held
constitutional but the chief ground Of his opposition was
that such law would be lowering Of American standards
that German sedon tried in courts martial The
that does the and that Bolo Pasha
tried condemned and executed by the military authorities
apparently did seem to him justify the practice
The American public is vel agreed that seditious acts
utsrs1cs should be followed by prompt trial and sde
uate punishment, but there is little doubt but that ap
provsi Of president Wilson's view viii be quite general
Americans lean strongly toward civil courts and the de-
m0scy Of trial by uries composed Of fellow citizens
Eardss OF the frequent miscarriage failure Of justice
and they not inclined to give that power mill
tary authorities Many fear that the result might be
and sudden arrests trials and punishment Of civilians
By courts martial insufficient grounds without allow
ing the defendant time and opportunity for presenting
adequate defence, bugsboo without much warrant.
The department Of justice defends Itself against
tons Of Indifference BY stating that present laws IN
adequate for the prosecution Of dsloysy, sabotage and
ether enemy activity If that Is the case the department
cught 70 outline OF bill containing the necessary
provisions and congress would undoubtedly pass the bill
Il vii supplement the existing espionage act
Such bill should be broad enough to include every form
Ct enemy activity well Of disloyaty, but under the
heading Of disloyaty specific exemption should be made
Of criticisms Of departments and officials when such crit
sn expressly " Implication has its purpose the
nos effective prosecution Of the Such law ought
provide for the punishment OF doyal persons seeking
obstuct the United States IN the but It not