New Britain herald., 1919-04-23
COURT OF REVIEW
URGED BY ANSELL
Wants to Ensure Square Deal
for ALI Soldiers

Washington, April 23.-Iieut. Col
samuel T. Anseil, former acting Judge
advocate general of the army, has
""ol11tted to the Investigating COM
'4'Iee OF the American Bar asSocia-
ION list of suggestions for changes
AZ the law that in his opinion will
oifect to a, large extent the inius-
t uroeS IN the system Of military iustire
o suggestions in most essentials
Ihose which Col. AnseI has set
tS i at length in his discussions Of
80 controversy over the system III
-. VSS AND in his public utterarces
49,, , iih If army officers will broad.
o1d .'e they will get away frou the
oi' army slogan that we cannot have
discipline and iust;ca AVID 49, p,1,ara
1899 IS at stake Justice must
Slaho aslde,' he said. "I do not be-
n0Vc u1Sclpllne can be improved by
~ rushing men. Real discipline comes
..oin men who are taught to respect
'ile''iSei'eS as we'll as to respect
others
VIII resume his testimony to-
Gay ana will continue before The
committee until the close of the ses-
sion Thursday. The committee indi~
Gated tooay that Thursdays session
Will close the hearings in Washing
ton.
10 Hear Former Officers.
chairman >. S. Gregory of the com
mittee indicated that there were a
number OF former officers who nave
been discharged from the service that
he desired to hear in Chicago, prob
ably next week. IT is his intention to
hear g number Of enlisted men who
At today's session Col SedgWick
Rice. commandant Of the disciplinary
barracks at Fort Leavenwortn, kan,
will be heard. Col. John H. Wignore,
Gen. Crowder's assistant in the Office
of provost marshal general, who i;
credited with having written the
Baker-Crowder defense of the system.
will also appear.
Col. Ansell in his testimony en-
phasized his claim for the necessity
of an appellate or reviewing court not
subject to the direction of the presl-
dent, the chief Of staff or any other
executive branch of the government.
'tThe courts martial are essentially
judicial bodles,' Col. Ansell said,
'They have the power to try every Of
Tense embodied in the criminal code
of the civil court. They have sought
to deprive man of life and liberty.
Can we assume that a court with all
these powers is q board to administer
the will Of the commanding officer:
That is the contention Of army Off
GERS of the old school. They main
tain that the courts martial are mere
~ executive agencies of the command
er-in-chief or his subordinate com
manders in the army. They base this
c-%C 4,@r,, bat
courts-martial derive their powers
from the section of the constitution
which designates the president a.
commander in chief of the ARMY.
Would Have Higher Power to Act
"It is no more right to say that the
courts of the District Of Columbia
the court of claims or the commerce
court-are more executive agencies
because they are derived from the
section Of the Constitution which es-
tablished the District of Columbia as
the seat Of government and gives to
congress the power to administer it's
government.
The suggestion is repeatedly made
that, we can remedy defects in the
system by army regulations" Colonel
Ansell said. IT maintain that the
perior to the War department. The
law should be what it Is supposed to
be. fixed rule that cannot be
changed from day to day to suit the
fancy of a commanding officer
There is not q greater travesty on
justice in the world he said. than
GERS to the defense OF accused enlisted
men,
Would Protect Accused.
Colonel Anselrs suggestions for
changes In tho law Al submitted yes
terday contemplate that:
! Congress should proceed in fur
therance Of the theory that courts
martial are inherently courts. their
functions Inherently judicial and their
powers must be Judicially exercised.
The fundamental rights of the &C
cused as declared in the Bill of
Rights should be recognized and pro-
tected.
No charges should be referred to
courts martial until a thorough in
vestigation is made. No case should
be referred to q general court ma rtial
until after the Judge advocate on the
com handing officers staff shall have
certified that thorough preliminary
examination had been made
Assignment of a legal prosecuting
officer should be required.
The converting authority should
take no action on the proceedings Of
q general court-nartial without
written opinion Of his Judge advocate
thereon.
The office and duties Of the Judge
advocate should be esta blished so that
III their performances he could not be
subjected to military supervision.