The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-21

have zone fxx toward sileviating ths
situation on the ground that those view.
were not fully 1ustined by the letter OF
the statute.
'You were thus soiicitous that your
powers be found IN the letter OF the
statute. And yet In the voky bill pro-
posed you asked for the power OF sus-
pension Of sentences when you were
already suspending sentences by admin.
istrative order by not one word OF legal
authority therefor
Charges Lack of Good Faith.
There 10 another svidsntiary circum-
stance that indicates the enort was not
made in good faith, but was simply
designed 10 allay public apprehension
and inquiry by the appearance OF doins
something. II 10 shown by the RECORDS
Of your department that the Judge Al
vocate-G General Of the Army In CORE
spondenoe with the senior ofIicer OF MS
department in France shortly thereettor
said with respect to an administrative
maheshift which no had proposed for
adoption ana which you did adopt that
Il was necessary to DO something to
| head of a threatened Congressional In
| vestisation, to silence criticism, to pre-
won't talk about the establishment Of
courts Of appeals and to mako II appear
to the soldier that he did get some KIND
Of revision of his proceedings Other than
the revision at field headquarters
How can II BE- said that such an att
tude of mind 10 consistent with an hon
| est desire to alleviate the situation
| It In significant also that your interest
| upon this subject was not such as 70
produce that aotivs participation OF the
department which characterixes its ef'
| tort. xubsn ~ Aastrsn To secure leRisla-
| tion."
Senator Chamberlain then referred to
the bill which Congress failed to act
upon, which Mr.. Baker used as CON
elusive evidence that you yourself
| BAKERY are entirely roactionary or that
you have been imposed upon and de-
ceived by advisers who arc"
After quoting the measure and point
ing out It's many defects Senator Cham
berlain said:
'sThe work Of reviewing cases woult
have to be intrusted to some minoi
military minion inexperienced in Law
and the administration OF Justice. art
whose training had disqualified him foi
such functions
The Plea for Discipline.
THE Judge Advocate-General when M
| appeared representing you before TIL
House Military Committee admitted tina
| this would be the course Of admins
tration and commended that the Chief O
STAFF ought to have that power. HI
said that that was necessary In ordel
to maintain discipline.
| But worse than this, that bill woult
authorize the Chief Of Stan to dis
approv,h vacate and set aside q hndint
| OF not guilty and substitute upon hi
view OF the evidence a finding Of hi
own. Notice the language Is that III
shall have the power TO disapprove. va
cate or set aside any finding and alst
to modify, vacate or set aside an,
sentence This Is a power which oush
not to be granted to any man. ant
| feel safe in saying will never b'
| granted by Congress.
The existing system docs injustice
gross, terrible. spirit crushing injustice
Evidence OF It is on every hand Thu
record Of tho Judge Advocate General
| Department reeks with II, and upoi
proper occasion 7 shall show the people
that this Is true. The organization o
the ciemency board now sitting dali!
and grinding out thousands of cases Is q
can never correct the injustice done.
TT argues that courts martial are no
courts Of Justice, but courts Of chivalr!
and honor and concludes that since tn
soldier must on occasion yield up his III
| on tho battlefield he should not be hear
to complain II It be taken away by thee
courts Of chivalry: II places courts
martial in high esteem though admitting
that they apply not the modern rules o
right but medieval principles that gov
| ern overload and armed retainer"