The sun., 1919-04-06
INJUSTICE SHOWN
IN COURTS-MARTIAL
Committee Of Former Judge
Advocates Endorses Stand
, Of Col. Ansell.
!
GRAVE DEFECTS CITED
List Of 65 Cases Compiled In
Which Sentences We're
Unduly Severe.
GRAVE DEFECTS CITED

IN support OF ths stand taken BY COL
Samuel r. Ansell for the reform Of court
martial procedure In the United States
Army the COMMITTEES Of former Judge
Advocates Of the United States Army
has issued q statement which summarizes
the grave defects Of the system and
which instances sxty-flve cases where
The oourt-martial sentences seemed out
OF proportion In severity to the nature
Of the offence committed by the soldiers.
This list OF court-martisl sentences,
made public to illustrate the drastic
punishment melted out to National Army
enlisted men. Is the nrst list made avail
able In support Of Col Ansell's accusa-
tons against the system 30 ardently
championed by Secretary Baker. Typ
ical, perhaps, Of these cases 10 the in
stance OF the enlisted man at Fort Smell
ling who for failing to report for reveille
was sentenced to serve three years in
prison, forfeiture OF all pay and dis
honorable discharge. All the court
martial sentences carried with them loss
of citizenship.
The committee of fol i,er Judge Ad-
vocates Is made UP OF discharged Ma
tional Army officers who during the
war were assigned TO duty with the
Judge Advocate Generals Department.
They have formed an organization with
headquarters at 10 West Forty-fourth
street, and are now laboring In the in
terest OF the reform advocated by Sena-
tor Chamberlain Of Oregon, Col. Ansell
and NJ hn Y,,du -
erals subordinates. The executive COM
nittee OF this organization Is made UP
as follows: Chairman, Major George c.
Beach; vice-chairman. Major Frederick
A Brown Of Chicago; secretary, Major
Roscoe Stewart, 10 West F'orty-fourth
street; executive committee members in
addition. Major Robert Redfield, Chi
cago; Major Roy D. Keehn, Chicago;
Major John Crowley, Butte. Mon. and
Capt Logon johnson, 1920 Broadway.
Defects OF Present System.
In thu report issued yesterday by the
Oecretary, Major Roscoe Stewart, II Is
asserted that the present system OF mill
tary Justice must be Judged by its de-
oaded cases. The question to be asked
by the public, the statement holds, ie.
''Have the enlisted men received a square
deal?" Then the statement takes up the
principal defects OF tho court-martial
system, specifying them as follows:
Il. No preliminary investigation and
examination OF the charge against the
men, and Of the offence supporting the
charge, are made by law officers to de-
tsrmine their legal sufficiency. and II the
men should be brought to trial This de-
fect of the code results in the trial of
many men who never should have been
tried at ALL
"2. No law officer sits as a member of
the court-martial to pass on questions of
law and evidence arising in the trial.
This defect Of the code results In the per-
mission OF serious errors in the trial and
of the consequent conviction OF the &C
cused.
'3. No competent counsel Is generally
available for the defence of the accused.
This defect Of the code results In the
conviction Of many men through the in
competence of the military officers desig-
mated to defend them.
-. The commanding officer who con-
venes the court. and who must approve
the finding OF the court before It is car
Red into execution. is not bound to fol-
low, in making his review OF the record
established rules of law or procedure
He is bound only by his own personal
will and opinion. This defect Of the code
results, on the one hand, in the COM
manding officer approving many harsh
and unjust findings OF courts-martial
and. on the other hand. in his disapprov-
ing just sentences by returning the rec
ord TO the court and in effect directing II
TO enter finding in conformance with
his direction. In a number OF cases. for
instance, where the court-martial &C
quilted the accused the commanding Of
hcer has ordered the court to reconsider
the finding and enter finding Of guilty
Many Gases Not Renewable.
20. No officer or tribunal In the vast
majority OF cases has authority to re-
view the action OF the commanding Off
GER and OF tho finding OF the court. The
Judge Advocate General. who is the
highest law officer, in cases where Sc
rious errors of law have been committed
and where men have received sentences
unduly severe, considering the charge
and the evidence against them, has no
power to modify the finding to make 1t
conform with the law and the evidence
and simply recommend to the command
ing officer that he make the charge rec
commended There is no agency corre-
spending with appellate courts In civil
life, which functions to prevent lower
courts from doing injustice. This de-
feet OF the code has resulted In the con-
viction and the sentencing OF many men
whose conviction would have been set
with power TO take such action.
IS. There is no uniformity OF action
between the various commands In which
courts-martial sit. There is no STAN
dardized system OF punishment govern
ing all courts-martiai regardless OF
where they are sitting. This defect of
the code results In sentence being i'm
posed on men charged with the Same Of
fences which are unequal and wholly
dtsproportionate one court may acquit
the man: another court may sentence
him TO ten years confinement: the third
court to thirty days; the fourth court TO
twenty-five years.
1.-THE following cases which have been
chosen at random, illustrate the severity
and inequality OF sentences imposed by
court-martial as the result OF the de-
fects of the system. In some OF the cases
cited the men received sentences to which
they were Justly entitled-serious Of
fences OF which the men were rightly
convicted. These cases have been in
serted to show by the other cases that
the courts have imposed far heavier
sentences for trivial offences than they
did for the more serious offences"
List of the Sentences.
The cases instanced in the report fol-
Case 4I2-Absent thirty days and also
stole a rife. Five years In prison.
Case 435-Absent one day. Sentenced 70
ten years. COMMITTED 20 eight years 10
Case tso--Absent sir months Ten years
Case 4o7-Absent one day. Sentenced to