Evening star., 1919-03-16

Ansell raises
Courts-Martial Issue a fundamen'
in Gen. Ansen Case. of the ad.
ministration of justice. This question
is not to be befogged by any side
issues in the shape of a controversy
concerning appointments or prefer
ehces. The essential fact which Gen
Ansel1 presented is that enlisted men
and officers were convicted and SEN
fenced by courts-martial on records
that showed that the convictions were
illegal. He cited cases where the
findings of the court were not in ac-
cordance with the charges and speci-
fications. The judge advocate general
had the duty of reviewing such cases.
but was without authority to set
aside the decisions and to order new
trials
1t makes no difference that often
times the accused were guilty of some
military offense other than that
charged and that they deserved pun
ishment. The spirit of the Anglo
for justice condemn practice that
convicts and Furnishes a man for a
crime until he has had fair and i'm
partial trial.
John Hicks was waif who spent his
early years in an asylum. He knew
no parents and had lived to be nine
teen years old anyhow. He was call
ed before draft board and found
mentally defective. Later he was re-
examined and sent to camp.
After nine days he was absent for
two hours without leave. He was
tried by court-martial and as re-
suit spent the next nine months in
the guardhouse. Then when this
Ealf-wit attempted to escape he was
captured and again brought before a
court-martial. He could not speak a
word for himself. A chaplain and a
lieutenant asked for clemency on his
behalf. He was guilty of the offense
of attempted desertion and escape
from military prison; the court so
found and sentenced him mercifully
70 only two years in prison. The court
had jurisdiction; the proceeding was
technically correct. No one took cog
niZance of the fact that the boy had
been found mentally defective; and
only one thing can prevent the en-
forcement of the sentence. partially
served, and that is executive clemency.
, Executive clemency may relieve this
boy from further penalty of his mis-
fortune: but it cannot restore to him
the right denied him of rehearing
where his mental condition could be
presented as a defense to the charges
against him. Hundreds of such rec
ords have been presented; and there
is no remedy for the injustice done
except in executive clemency.
The controversy between Cen. now
Lieut.. Col, Ansell and Gen. This and
That is small matter compared with
the principle that he presented. and
the correction of the wrong will not
be determined by the report of the
of the American public and the voices
OF the armies returning from France
and those gone back to civilian life.
They will insist upon fairness in the
future for the men of the Army.
There is no general charge of un-
of courtsmartial. Many of the off,
GERS on them were young and mex
perienced. but they were the best the
Army could get. They were imbued
cipline according to Army regulations.
The convening authorities did their
best to see that substantial justice
vas done, and in the main succeeded; !;
mistakes were made. Then there was
rot authority on review to correct
them. That is the objection. and that
is the point for which Lieut.. Col. An
sell is willing to sacrifice himself to
snlaintain.
In rounding out the functions of
the general staff the personnel divi-
sion was
Personnel Division created in
of the General Staff. nsn. -.msn,
and Brig. Gen. Percy P. Bishop was
placed at it's head. In effecting this
organization its new chief was es-
pecially fortunate in securing a very
capable set of administrative officers;
ceeded with remarkable smoothness
for the short time it was in operation
before the signing of the armistice
put an end to it's chief operation-the
selection and commissioning of Off
GERS for the U. S. Army.
A good deal of hostile criticism was
directed against this division. because
it absorbed much Of the power from
the bureaus in regard to the selection
and advancement of officers for their
specialties. 1t also took from the ad-
5utant generals Office a large share
of the duties and powers of that Office
as to the selection of officers and
supervision of their records.
With the signing of the armiStice.
efforts of this division to secure Off
GERS ended. Thereafter its concern
has been to dispose of officers who
had grown to the huge total OF more
!, than i 81, ,000-a body greater tnan the
rotal number of men in the Regular
Army before April S. 1917. Its first
move was to classify these officers.
which it accomplished by placing
them in three groups.
In the first were those WHO. the war
being over and the object for which
they had entered the Army. accom-
plished, were seeking at the earliest
moment to re-enter civil life and to
take up their old vocations. These
men wanted to sever their connection
with the Army and made no applica-
ton for entry into the reserve. .Ap-
pro oximAtely $4,000 Of these officers
have been honorably discharged from
the Army. but before the relation was
severed their records were carefully
complied and filed away. In event
of an emergency during the present
eneration the War Department will
he able to stretch out it's arm to a
score or more of thousands of mer
who have had experience in the Army
either in handling men in the fighting
lines or in the supply service fol
those lines.
In the next class. which includes
those who wish to give up the Army
as a profession, but who do not wan,
TO give up the connection. are 25,00(