The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-08-22

officers in the field, recognize that
many phases of the problem submitted
to them remain to be solved. For ex-
ample, the courts martial have many
cases of insanity and mental defect to
deal with. Modern science, as best
represented in this country by the
psychopathic laboratory of the Chi
cago municipal courts, established a
few years ago by Judge Harry Olson.
has shown that much of the crime is
committed by mental detectives and
insane persons. As yet, the United
States army has no adequate means of
Identifying these individuals SO as to
exclude them from the fighting forces.
Furthermore, now that they are in
the army, it has great difficulty in
getting experts to assist the courts in
discovering them. But this lack is
recognized and will undoubtedly be
supplied.
Another difficulty faced by the
Judge advocate generals office results
from the fact that many OF the men
who are>now serving the colors are
not familiar with military ethics. The
ethical principles or precepts which
regulate the conduct OF IAN Officer
and gentleman" or a soldier who
has served in the regular army. are
taught the regular army officer at
West Point and are instilled into the
regular soldier during the period of
his enlistment. These principles are,
to such officers and soldiers, a clearly
crystallized part OF the traditions of
his profession. But some of the fine
points of these ethics are not evident
to the man who has been an officer
or a soldier only a few months. with
no preliminary training, and who has
come from the farm, or the factory.
For example. young lieutenant who
had given up a four-thousard dollar
job as an hotel manager few months
before to accept a commission as Sec
ond lieutenant one evening saw a
brother officer of higher rank slightly
| intoxicated in an hotel dining-rooms
Acting as he would have done IL he
| conducted the offender to a room in
the hotel. A regular army officer.
| dining in the same room with a party
| of officers and civilians, observed the
| incident and sent an officer to look
for the delinquent. When the officer
| so sent arrived at the room the de-
linduent officer was not there. His
friend, the ex-hote1 manager, had
! spirited him away to another room in
the hotel. The investigating officer
| now demanded to know where the Of
fender was. to which the ex-hotel man
| cheerfully replied, VI don't know"
| 1t was a white lie intended solely
to serve a friend in need. but 1t vio-
lated one Of the cardinal principles of
military ethics as applied to officers,
| which makes it objectionable for an
| officer to tell an untruth. When later
this fact was brought TO the attention
| of the young man, he went imrr1e-
| diately to his superior officer and
made a full confession. He was tried
before a general court martial. con-
victed and sentenced to dismissal from
the army This was one of the cases
| his prerogative by committing the SEN
tence to one of reprimand and for
| feiture of pay and allowance for a
short period. The policy is to use
leniency in all such cases where the
| letter of military ethics is violated, but
| its spirit is not impaired.
All important cases now tried by
general courts martial. such as cases
involving the death penalty or dis
missal of officers, come now directly
to the military Jurisdiction division OF
the Judge advocate generals office, oil
which division a regular army officer
of long experience and thoro training
| in military law, is the chief. There ar
| officer of that division reviews every
such case. The review then goes to g
board of review, Is carefully con
sidered by it, and it then is submitted
If he approves of II, 1t Is sent to -tht
secretary of war, who, in turn. care
fully reviews it and sends it with his
recommendation to the president, to
gether with the form of an executed
order designed to carry the recon
mendation into effect, IL the presiden
approves of it. Secretary Baker, him
self a trained lawyer, gives these case!
the closest attention. If his own oPin
ion differs from that Of the Judge ad
vocate general, he often sends boil
opinions to the president, leaving tn
final decision to the chief executive
Secretary Baker is understood to- b.
strongly inclined to 1eniency. for tn
reasons outlined above, except in cas-
of intoxication, in which he is inclined
to recommend severe action.
The president. too, gives the mos
, careful attention to all these case
, which come to him for action. and n
. sometimes, when DESTROYS that point
, involved be further elucidated. send
them back for re-review. and he ha
u also been known to act independ
: emily of the recommendations eithe
, of the secretary or of the judge ad
vocate general
This, in brief outline. is the lega
, machinery which the government pro
: vides for the protection of the 1ega
rights of nearly two million men il
) our army. By no means perfect, it
+ certainly an organization of vigorou
) growth and splendid promise. and tn
spirit of self-sacrifice and patriotism
which has been, and is being, ex
hibfted by the lawyers called fror
: civil life to give their aid in the work
: is as commendable as the spirit whicl
; has called other citizens to oversee
: duties.