The Birmingham age-herald., 1919-03-31
Rx JAMES J. JACKSON,


 There have been some sharp criticisms
 of courts martial by statements in the
 press and in conversation among those
 more or less informed on the subject.
 Unless a person knows of his own
 knowledge the conditions sought in the
 development of an army to the prime
 moment of it's usefulness. such persons
 are more than apt to be mislead and
 to lead others who may be influenced by their opinions.
 The condition sought in the develop
 ment of an army is absolute obedience, unquestioning obedience to the orders
 of the superior officer or noncommis- stoned officer; from the commanding general down to the corporal. This con-
 dition is summed up in the word dis
 cipline."
 The key to the success of every army
 from the time of Alexander of Macedon to Pershing of America has been tho unquestioning obedience to orders by the subordinate officers and men. The law of courts martial under which our army of today operates is not . statute borne in the mind of some law maker The first American articles of war were enacted by the second Contl- mental Congress in 1775. These were largely copied from the British code of 1765. The law of courts-martial were revised in 1906, 1872, 1885, 1890, 1898, 1912 and 1916 the present law. Through all these amendments, the rule ot absolute opedl- ence was left as it was. Courts-martial are of three kinds, viz: General courts martial; Special courts-martial; Summary courts s-martial. The general courts-martial Is com- posed of from five to 1S officers. The special courts-martial Is com- posed of from three to five officers. l The summary courts-martlaI IS com posed of one officer
 | The officers who serve on a general courts martial are appointed by: The President of the United States. The commanding officer of a territorial division. department.
 The superintendent of the military aca- denny.
 The commanding officer of an army. | The commanding officer or an arhs corps.
 | The commanding officer of brigade acting separately.
 The commanding officer of any district or of any force or body of troops, when empowered by the President to do so. The officers who serve on special court1-martial and a summary court martial are appointed by commandihs officers of relative importance 10 those who appoint officers to De meihpers oi general courts -martlal.
 The maximum penalty by a general court martial is death; special court martial is six months and two-thlrds pay for a like period; summary court martial is three months Imprisonment and two-thirds pay for like period The officer who appoints a court-mar- tial views the record of the case trleo before it, and until such reviewing au- thority approves the sentence IL IS lh effective. The reviewing authority may find iron, the record that the sentence is too severe and such authority has the power to reduce the sentence to what Is a proper sentence under the facts In the case . Thus every case tried before court 1 martial is investigated or reVleWed pS the same authority that called the court martial to existence. We are all proud of the magnlicen' l work of our army on the battlefieio, Yet we must not accept. that and at the same time deny one of the causes or the condition that made it possible l Quite a bit of the criticism has been I the severe sentence of enlisted men TOT disobedience to orders. It IS not tne trivial character of the subject out or which the disobedience grew. put the disobedience itself that constitutes the offense
 l The three articles of war that cover disobedience and disrespect to superloe officers and noncommissioned officers are articles 6S, GA and 65, as follows:
 Article 6s Any person subject to mlu- | tary law whi behaves himself with dls- | respect toward his superior officer shai' 1 be punished as a court-martlal may oi- rect. Article GA. Any person subject to mili- I tarv law who. on any pretense whatso- ever, strikes his superior officer or draws or lifts up any weapon or or1ers