The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1919-03-13
Military Court Procedure
Explained By Atty. HO-
race j. Medium in Address
To Lawyers Today.
HARsHNEss IS NECESSARY
Kenosha Man Declares General Crow
der Cannot Be Blamed for strictness
Exercised by American Military
Courts i'll Great War.

A timely address on the question of
" Military Tribunals was delivered by
Attorney Horace J. Mellum at the noon
hour today at the regular monthly
dinner of the Kenosha County Bar As
ISOLATION in the private dining room
of the Kenosha Elks Club. The ad-
dress dwelt in a technical way with
the procedures of military jurispru-
dence and at the same time gave an
interesting defense of the system which
has been found necessary in all mill
tary organizations.
Mr.. Mellum brought to the meeting
the opinion of both military man and
ia civilian in his discussion of the
situation. He called attention to the
present criticism brought by Briga-
der General Samuel t. Ansell against
the procedures in the American coul IS
martial who has declared that there
have been numerous examples of un-
business and iniquities in the admin
istration of military Justice. The
speaker pointed out that the "Arti-
cles of War" upon which military legal
action was based, seemed particularly
severe because the three million of
young men, who by the exigencies of
the situation were forced to submit to
their regulations, had before in many
instances known not the slightest form
of discipline or obedience
The speaker followed with an excel
lent analysis of the procedure in the
various forms of courts martial which
showed an extensive knowledge of the
question which he was discussing. He
emphasized the fact that in the present
emergency many men had been called
upon to act as judge advocate in mill
tary tribunals without the proper
training for this important work and
as result justice may have miscar-
ried in several instances.
Mr.. Mellum insisted that army men,
realized that harshness was necessary
evil in the trying of military offenses
before military tribunal. teWhen it
is realized that the army is composed
of men,of many nationalities, characters
and degrees of understanding he
continued In conclusion, 'twe can all
readily understand why the admins
tration of justice must be severe and
certain. A moments weakness or ill-
advised leniency may have far reach
in effect in the demoralizing of the
army and seriously hampering the main
tenance of discipline and the esprit de
corps. 1t is recognized by military
men that no departure must be made,
from the necessary but harsh and arbi-
trary powers which are now given to
a general in the field to put into exc
cution the sentence of court. It is
necessary that the infiction of punish
ment be immediate and severe enough
to have lasting and deep impression
upon the comrades of the offender.
No attempt was made to defend in
dividual cases which have been cited
as examples of undue severity but
these were declared to be the excep-
zion instead OF Jne rule. MI. Mellum
also suggested that a revision might
well be made Of the military code
without destroying any element of
the basic principles upon which the
system is founded.
The meeting was attended by large
number of the members of the Ke-
nosha County Bar Association who
welcomed this opportunity to dis
cuss the question of military tri-
bunals. The splendid exposition Of
the case of the tribunals, while it did
not express the exact opinions of all
present, was praised for the interest
ing and scholarly way in which the
topic was presented.