New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1919-05-02
kER HAD right
! NO LAW VIOLATED
Amer Rules He Had Franking
Privileges

Washington. May 2.-Attorney
General Palmer after Investigations
conducted by himself and by Post
master General Burleson, finds that
70 law was violated in sending TO
#nembers of tho American bar,
#hrough the mails, under government
frank, the copies of q discussion of
&c army court-martial system by
q olonel John II Wigmore of the
@udge Advocate Generals office.
~ Some 10000 of these documents
81 ere printed. They consisted of let
Mrrs by Judge Advocate General
Nj Powder, defending the courts-mar-
al, and also by Colonel Wigmore,
III he endorsement ordering their
VI Printing and distribution beinG
nj gned by Secretary Baker.
# Recent criticisms of the system by
III lieut.. Col AnseIl We're not included
II the documents sent out MI.
Palmer holds, in effect, that MEM
#pers of the cabinet are proper Judges
Mbf what mail matter relating TO Ehelr
MI epartm ents may be distributed
hinder the ranking privilege.
Both Mr.. Palmer and Mr.. Burlason
wrote to Senator Cham berlain OF
81 oregon. chairman Of the Senate Mill
|N airy Affairs committee, in announc-
~ Ing the result of their investigation
IS oalmer's letter. as given out by MI
chamberlain tonight, cited the TWO
main items in the documents referred
n o. as we'll as the laws on the frank
ng privilege and concluded as fol-
ows.
@ ''From the facts disclosed, 1t
Elear1y appears, that the printing and
~ listribution of these two letters We're
t the direction of the secretary of
III war, and can in no sense be said to
&c the personal or self-asserted act
bf Colonel Wigmore. The secretary
#bf war is the lawful head of that de-
" bartment, and it is for him to de-
MI ermine whether any given action
H1 OF forbidden by statute will promote
b he interests of his department.
''In view of the undoubted I'M
M portsnce of all questions affecting
the administration of military jus
ice under the supervision Of the
war department, the secretary was
FULLY warranted, with all of the facts
III before him, in determining what &C.
lion he deemed necessary to be taken
in the interest of the war depart
VI nent.' If in his judgment he be-
)
q printing and distribution of the let
@ ers here involved, to the end hat
*H&vhat he rega rded as the truth might
ANoe available to the public, his action
bannot be called in question by the
NJ courts"
POSTING ster- General Burleson, in
his letter 20 Senator" Cham berlain,
MI fter saying that Colonel Wigmore
@ had acted with due authority, went
# Dn to explain that some Of the en-
81 -e!cpe& used We're those prepared for
N he war Industries board, in stock
when that board went out of exist
Il ence and that the use of such left
s@Sbver envelopes by other departments
was permitted to save expense in
81 having Other envelopes manufactured
and printed by the government.
|N "Tn considering the result of these
opinions of the encouragement and
acknowledgements said Senator
Mi ham berIairl in his staten ent of re-
ioinder yesterday "it must be borne
in mind that the official communi-
cations from the secretary Of war to
l& General Crowder and from General
I'M 'rowder to the secretary of war. both
written in fact by Colonel Wigmore,
III contain as I have already pointed out
S gross misre presentations of the facts
81 Mn the cases cited, and were original
n ~ promulgated for the express pur-
IL pose OF answering attacks upon the
" I xiating system of military Justice
q anadc by ma upon the floor of the
"A senate.
"Colonel T7ig1norc's letter does not
Z relate e&c'7.SiVcly. or at all to the
buginess OF the United States. It is
"a. personal appeal by Colonel Wig
@xssTa of
Z but as q member of the bar. a private
a citizen. to ether members of the bar
HA Ms private citizens, and not upon a
5 matter of :,overnm ent business. but
lsS upon =. personal defense of the con
al duct OF tho secretary and General
@ Crowdcr.
as I'm nay opinion. by no fair inter
probation of the statute can the term
Interest OF tho war department be
8 construed as equivalent to the term
business Of the government In
this particular case it is to the in.
N terost Of the secretary OF war ant
# of General Crowder to distribute mis-
Aa information and to befog the issue
s ard thus to try and justify their fail
2 ure and refusal to take any actor
8 looking toward undermining the ad
0 ADMINISTRATION Of military justice.
81 ''rhn attorney-goneral and tn
postma general have in effect
announced that every executive de
partm ent las full license to carry on
M at public expense, by the printing an
y distribution through the official mails
postage free, of any writings an
81 documents, any propa ganda, that II
then chief way favor, All he has t
do is to certify that it is in the in
terests of the department.
.-All the weight Of intrenche
government influence, al it's power G
publicity, may be used TO serve tn
personal interests of the head of tn