Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-04-22
THE REMEDY is IN THE
POWER OF REMOVAL

WE ARE in this war to fight German
w militarism and not to set up German
military methods in this country in deal
ing with sedition or treason or any other
offense
The demand that all aliens suspected
of giving aid and comfort to the enemy,
made by Senator Chamberlain, be tried
by court-martial is at bottom a demand
that we adopt Prussian methods. How
those methods are now being applied in
Germany is described by a special corre-
spondent of this newspaper in Switzer-
land, the first of whose articles setting it
forth appears on this page today. Ger
many is under military rule. Strikers
are tried by court-martial. Persons who
protest against the brutality of the mill
tary forces in suppressng disorder are
arraigned in secret before a court of
army officers, tried and convicted and
the sentence is executed within twenty
four hours. The proceedings are sum-
mary. And when man is acquitted he
is still detained under arrest, for the
mere fact that man has been suspected
is regarded as justification for depriving
him of his liberty
This is militarism carried to its logical
conclusion. 1t supersedes and overrides
the civil courts. 1t exercises tyrannical
authority. 1t treats the whole nation as
though it were an army compelled to
obey the orders of the officers on penalty
of military punishment.
The institution of such methods in the
United States ought not to be tolerated.
This docs tbat oil Nrbn
doing their best to help Germany and to
interfere with our work should not be
punished. 1t does mean that we should
continu, to use our civil courts for the
trial of accused persons not in the army
and net found within the jurisdiction of
the military authorities. The fact that
many of the Federal District Attorneys
are incompetent does not affect the situa-
ton. they are incompetent in too many
instances. In other cases they are politi-
cally timid and afraid to ALLEVIATE the
pro-German vote.
The remedy lies not in depriving the
courts of jurisdiction, but in the appoint
ment Of District Attorneys of undoubted
ability and iron nerve who will clean up
their districts. Summary power for the
removal of the incoripetents is in the
hands of the President. He can exercise
it if he chooses. If he would exercise it
in few cases where there has been a
fragrant exhibition Of inefiiciency he
would Jack up the whole Department of
Justice and put an end to the demand
that the civil power become subservient
and subordinate to the military.
1t is gratifying that there are some
Senators who have not lost their heads
in this crisis. Senator Borah, for eX-
ample, has said that the Chamberlain
bill is in conflict with the fundamental
principles of the Constitution and beyond
the power of Congress to pass. He is
probably right, for the bill would make
it possible for the military authorities
to seize any man in civil life without
warrant and without knowledge of the
charges against him and to try him and
order him imprisoned or shot. This is
just what they are doing in Germany.
We cannot consent to it here and there is
no need to consent.
If we keep our poise as Senator Borah
has we'll said, and if we retain our faith
IN our democratic institutions and then
vigorously exercise the powers already
provided in the courts, there will be no
necessity for the proposed law. The
courts are open. Lawyers capable of
convicting the guilty are ready and will
ing to serve as Federal District Attorneys
where the incumbents have failed, and
juries can be found among the patriotic
and aroused voters ready to give just
verdict with all possible speed.
We can, if we will, set the world an eX-
ample of democracy in action, and we
can prove that it is adequate to meet the
issues of war through cooperation of
the civil power in its field with military
power in its realm. The military power
will thus remain in the national life sub
ordinate to the civil power.
1t is not a time for hysteria, but for
calm and determined reasoning based on
belief in the efficacy of the civil power
to deal with offenses outside of the army.
Cleanup week is to begin May c, ac