The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-08-22
TOPEKA STATE JOURNAL
INFORM ALTON
BUREAU
FREDERIC J. HASKIN. Director.
Washington. D. C.
LEGAL PROTECTION FOR
Washington. D. C.
SOLDIERS.

SOLDIERS.
Washington, D. c.. Aug. 19.-Almost
unknown to the public, there has
grown up here in Washington one of
the greatest legal tribunals in the
country, if the number of lives and
careers over which it exercises juris-
diction be a fair test of greatness.
This is the military jurisdiction divi-
sion of the office of the judge advo-
cate general of the United States army.
Besides looking after the legal af-
fairs of the entire military establish
ment, the office of the judge adyo-
cate general is, in a true sense, an
appellate court, acting in an advisory
capacity to the secretary OF war and
to the president, who has final juris-
diction over every case involving the
dismissal of an officer of the army,
and every crime committed by an Of
ficer or an enlisted man which in
wolves a death or penitentiary SEN
tence. In a word, this is the tribunal
to which nearly two million fighting
men must look for justice now that
they have lost their status as civil
ians.
Since the war began, the military
Jurisdiction division of the judge adj
vocate generals office has received
and acted upon upwards of $4,000
court martial records, or an average
of nearly HOO per month; and dur
ing this period it has also disposed
of nearly 5000 cases of clemency.
restoration and parole. or an average
of over 500 per month.
1t is proper to say that this court
is, in large measure, the outgroWth
of the present emergency, for, at the
beginning of the war, while the legal
ganized to meet its then existing re-
quirements, its organization was
wholly inadequate to meet the new
responsibilities thrust upon 1t.
In order to understand the problem
faced by the judge advocate generals
Office at the beginning of the war. it
is necessary to know something of
the organization and methods of mill
tary courts, a subject of which the
average American is profoundly ig-
norant, but which is now one of Pc
culiar interest to him.
The military courts, or courts mar
tial, have jurisdiction over all crimes
and offenses committed by persons in
the military service But in time of
in the military service, who commit
crimes and offenSes against the civil
| law are usually surrendered by the
military authorities to the civil courts
for trial. In time of war. however,
this is rarely done. SO that now the
military courts are exercising the
| jurisdiction of the ordinary criminal
courts of the country, as well as juriS-
diction in cases of strictly military
| offenses.
Therefore when the country is in a
state of war. the office of the judge
| advocate general faces the heavy duty
| of an immense general criminal prac-
tice. The military Jurisdiction division
| has to pass upon all of the crimes,
| misdemeanors and military offenses
| committed by nearly two million men
| taken from all classes of the popula-
| ton and who have been tried by gen.
| eral court martial. This means that
| it must be seen to that the general
| courts martial, which are called upon
to try officers and soldiers accused OF
| grave crimes and misdemeanors, such
| as murder, arson, bigamy, larceny, de-
| sertion, treason, violation of the es-
! pionage law, etc, are composed OF
men of sound judgment, and, if pos
sible, with legal training; and that the
cases are prosecuted by thoroly
| trained Judge advocates. This, of it.
self, presents most serious problem
for the office of the judge advocate
general. And the interests Of the Of
ficers and soldiers accused are not the
only ones at stake. Where offenses
have been committed against civilians
as in the case of the Houston riots an6
other instances which will readily
come to mind, the communities il
| which they are temporarily resident
| have, necessarily, much at stake. and
| must depend upon the courts MARTA
for justice and redress.
But these courts martial are no
courts of final Jurisdiction In the
more important cases, the office of the
judge advocate general acts as an in
termediate appellate court, with tn,
president OF the United States as the
court of last resort. In all Officers
cases involving dismissal from th'
service and all cases in which tn,
death penalty has been imposed
which have been decided by court
martial convened by the commandin,
generals of tactical divisions in thi
country, the president of the United
States must act before the sentence
can be executed, and, in the event o
his disapprova1 of the sentences, tn
accused are released from arrest O.
confinement.
In all such cases which are tried b,
general courts martial. the record
of the trials must be sent to the offic
of the judge advocate general. wher
the legality of the proceeding i
passed upon. In the event that tn
office finds the proceedings illegal. tn
| sentence is set aside; otherwise, it i
executed. The only commanding gen
efal who has now the right to exc
cute sentence of dismissal of a.
officer or a sentence of death, withou
, the Intervention of the president O
the judge advocate generals office il
this country, is General Pershing, tn
, commander of the American expedi
) tionary forces in France. So far, h
has used this prerogative in deaf
cases only once, having sent ever
other such case to the president 70
/ final action. In every. such case s
, forwarded to the president, the latte
has committed the sentence.
The process of perfecting the ad
, ininistration of military justice sine
+ the war began. therefore, has cor
sisted in seeing that the courts mar
tial have been carefully organized, in
structing the members of the court
= and the judges advocate in the sub
q jects of military law and procedur,
:, and placing a check upon the actio
! of the courts in the most serious elias
4 LOT cases in the hands Of the judg
= advocate generals office in Washing