The Birmingham age-herald., 1919-04-17
} MAJOR GENERALS APPEAR IN DEFENSE PRESENT METHODS
 OF COURT MAI RT|AL
Wood, Scott and Chamber lain Admit Defects, But Agree That Proposed
 Change Would Impair
 Disciplinary System
By Associated Press

Washington, April 16. Three major generals of the regular army, Leonard Wood and Hugh l.. Scott (retired), :, former chiefs of the general staff, and each of whom trained and commanded di- visions during the war, and John l.. Chamberlain, inspector general, opposed today before the American Bar association committee inquiring into the subject of military justice, any plan of taking from the Presi- dent and the commanding gen erals the control they now ex- ercise over courts martial.
 The present controversy as to war time sentences began with the proposal of l.. IL. l judge advocate general, to repose in the judge advocate general final Jurisdiction of these cases.
 The three officers heard today by the committee were in agreement that the proposed change would impair the dis- ciplinary system, although all Of them saw defects in existing laws or reguia- tions which should be remedled. To meet complaints as to excessive sentences, the officers were of the opinion mat ths President should be authorized by law to fix maximum penalties In war ifnes As well as in peace.
 But whatever is done," General Wooc declared don't give us any possibility of Harry Thaw case in the army. GSe us a simple, direct pracess. We don't want inc haggling over technicalitles or CIVIL court cases.
 GenenaI Chamberlain shared this view as opposed to the suggestion that the , ,nilitarv legal system should be put en- tirelv under army legal authorities. lie opposed the suggestion that it be made h mandatory that legal trained officers pre- Side over courts.
 General Scott was positive in his asser- tior that control of discipline was an es- scntsal function of command.
 '.The weakening of discipline In the
  was a nemoer of the Root mission 10 Russia. .'destroyed Russia.
 While probably 75 per cent Of the cases brought to trial during the war never should have reached a courtmartlai stase' General Wood said, 1t was the ineapeli. , ence of officers, their lack\o of the hapi of command" and the failure ot the human element that could not be reacheu bv law which caused this situation "The fundamental defect in our court . nartial procedure he said, is not ln inc machinery, but in the failure to carry out it's operations properly.
 URGES MORE STUDY
 General Wood urged that more carefui scrutiny should be given to cases before they were brought to trial, particularly by division or department commanders that greater use be made of the many 6isciplinnary measures not involving lega; proceedings at the disposal Of command CTS; that competent counsel be hsslgneo for all prisoners to protect thelr rlsnts and that judge advocates of courts ln- cline toward the French system. by which inc legal officer merely presents the case and does not take on the character Of a prosecuting officer.
 The tendency of courtsmartlal, all three generals contended, was toward protec 4 ton of the accused. General Wood said this was followed throushout the "hois ,.,iIi+,rv justice system. that the govern ment was an impersonal agent, sand Il there was error in final action, 1t wai sInnost certain to be on the side of the accused
 CeneraI Wood suggested, however, tha +he nractice of the civil war confederate rrnv If forming permanent courts of of ficers physically disqualified for active service could we'll be adoptedS Charge that officers received better treHtmen' from courtsmartial than enlisted men Csna,., wood held to be groundless, be yond the fact that the courts were in (Contfnued on Page Nine)