New-York tribune., 1919-05-19
Measure Prepared by Lieut..
Col. Ansell and Others
Who Have Criticized JUS
tice of War Penalties
1t Curbs sUnwritten Law
Also Provides for Greater
Safeguards for Accused
in All Serious Cases
Ne4r York Tri6vns
Washington Bxreow

WASHINGTON, May 1S-A bill
revolutionizing the American system
of military justice will be introduced
in the Senate, Senator George w.
Chamberlain, chairman Of the Senate
Military Affairs Committee in the war
Congress. announced tonight.
The bill was prepared for Senator
Chamberlain by Lieutenant Colonel
S. T. Ansell and other officers engaged
in the administration of military JUS
tice during the war. 1t is aimed to
eliminate the opportunities for the
abuse of military power in courts
martial, to which Ansell called atten-
tion before the Senate Military Affairs
Committee and the special inyestigat-
ing committee of the American Bar
Association.
The primary purpose is to establish
military justice and regulate it by law
rather than by military command; or,
stating it differently, to supersede per-
sonal military power over military JUS
tice by public law" said Senator
Chamberlain in a statement issued to-
right.
"To this end offences are more
closely defined and punishment speci-
is practically abolished.
Basis of the Measure
This bill is built upon the following
basic considerations:
1T proceeds in furtherance Of
the fundamental theory that courts
martial are inherently courts, their
functions inherently judicial, and that
their powers must be judicially exer-
eised, and it discountenance and Pc
nalizes a disregard of the sacred char
acter of these judicial duties and
functions.
"2--It requires that the fundamental
principles Of right and justice shall be
observed from accusation to execution.
3-lt aboishes the present intoler-
able delegations of penal power and
instead of leaving the military COM
mander largely at liberty to dete rhine
the offence, the punishment and the
procedure, establishes these elements
with detiniteness and precision.
Requires Just Results
"4-lt endeavors to provide that
military punitive action be buttressed
in enlightened concepts of Justice, be
regulated by the principles of justice,
and that it give results that can fairly
be accepted as justice.
1T obstructs a hasty resort to
punitive methods and withholds the
hand of commander who would be
arbitrary.
"6-It proceeds upon the principle
that military authority itself is sub
aject to the demands of justice.
1T has regard for the fact that
our soldiers are citizens.
"8-It regards grade in the army as
requisite of authority only.
CT abolishes star chamber meth
DDS and gives access to the public.
Some Specific Changes
"More specifically the bill is charac-
terized by the following:
81 A charge must be preferred under
oath, and by soldier as we'll as by an
officer.
"2. A thorough investigation must be
made, in which both sides shall be
heard before trial is ordered.
SO. The restraining tendencies estab-
Eshed are such as to prevent the trial
Of trivial charges.
81. The charge shall not be referred
to general court, except upon the
legal determination (a) that a thor
ough investigation has been made, (b)
that the charge is legally sufficient
and (2) that the evidence is prima
facie sufficient to sustain It,
80. The summary court, by reason of
It's importance in the field Of Justice
and discipline, is required to be an
:a1o D.
judgment and judicial temperament.
8. In order to establish trial pro-
cedure according to law, the special