The Birmingham age-herald., 1918-02-28
PENALTY OF DEATH FOR DISSIPATION AT
 HOME IS OPPOSED
Recommendation of Camp Sheridan Commander Is Turned Down by the
 War Department

Washington, February 2..-Recom- mcndations by Mai. Gen. Charles C. Treat. commanding the Thirty-seventh national guard division, that the death penalty be imposed to check deser- tions and to bring soldiers to reaii- zmtion of the gravity of that offense hn vebeen disapproved by Secretary Baker.
 General Treat based his recommenda- his command composed almost entre,y OF Ohio troops stationed at Camp Sher- idan, Montgomery It would be unWlse at this time, Secretary Baker held, for the war department to formulate a definite policy, but he instructed the adjutant general to issue bulletin to the army, pointing out the seriousness with which assertion must be regarded in time of war. The Secretary acted on an opinion by the judge advocate gen eral, which held there is clearly drawn difference between desertion from train- ing camps in this country and assertions in the zone of hostilities
 NO LENIENCY OyERSEA
 The plain intimation is given, how ever, that men who desert in France may expect no leniency.
 General Treat, after calling attention to the number of cases of desertion in his division, expressed deep concern over the situation. His recommends ton concluded:
 "As much as regret the necessity, l fully believe that the supreme penalty should be meted out in fragrant cases, in order to bring these young men to a realization of the enormity of the offense of deserticn in time ofNwar.'
 The judge advocate general doubted if the death penalty should be imposed for assertion in this country, Tor would be justified, and sustained by the senti- ment of the country It is very prob able, he suggests, that desertion in many cases was because of an "over- whelming sense of loneliness and home- sickness" and also due to the fact that the young men in the army are wholly new to military life and still accustomed in their minds to the freedom of action of civilians.
 The number of cases of desertion from the Thirty division or from other army units is not available.
 GENERAL ANSELL'S OPINION
 There undoubtedly will occur in this war said Brig. Gen. Samuel T. Anscil, acting judge advocate general of the
 
 Secretary Baker based his disapprosal, eases of desertion in which it will be necessary to infl;ct the extreme penalty. Desertion is very serious military of- fense. especially in time of war When committed in the theatre of war, at points or embarkation, in the line of communications, or such other places as to indicate cowardice or an actives spirit of disloyalty, drastic penalties are very often justified
 position of the supreme penalty in this country, where assertion occurs from training and mobilization camps, far ,e- moved from the theatre of hostilitIes, would be Justified or sustained by the sentiment of the country.
 Tine army now being assembled is made up of young men, i. many of them mere boys, who perhaps have never been absent from their homes. Many are undisciplined in mind and body. Undoubtedly for time they will find it difficult to distinguish call into The military service from the contractual ob- legations of civil life. . It is pecu- liarly true that the fear of punishment has not always proven an efficacious preventive of the offense. The most et- fective preventive is the development of proper military spirit and an appre- ciation of the fact that to desert in time of war is dishonorable and cowardiy act"