The sun., 1919-05-02
Burleson and Palmer Say
Baker Authorized Court
Martial Defense.
CHAMBERLAIN DISSENTS
Says Legislation Is Imperative
II "Flagrant Abuse''
Is Legal.
Special DespateA to TEE Sex.


Military Committee. and vigorous critic
OF the present system Of American mil
itsry Justice. tonight made public letters
from Attorney General Palmer and Post
msster-General Burlesor. stating they
could md no ground for prosecution OF
Col John H. wigmore OF the Judge Ad-
vocote-GeneraTs ONCE. who circulated
among members Of the American bar
thousands Of copies of letter defending
the present system.
The letters were sent under the frank
Of the defunct War Industries Board and
Serktor Chamberlain several weeks ago
called the attention OF Mr.. Palmer to
this fact and declared It seemed to him
to be violation OF the franl,ng Drivi-
lege. Mr.. Burleson was subsequently
brought into the case because. X an Of
fence had been committed. It would have
been against his Department.
Both the Attorney General and Mr..
Burleson declare that the wigmore let
ter was circulated by direction of Sec
rotary Baker Of the War Department
anG that therefore II lost any private
character II may have had as the opin-
ion OF Col. Wiymore and became Of
hcial Government mall. which might
lawfully be sent under a frank
Sees Propaganda Machine.
Senator Chamberlain tonight issued
q statement taking sharp issue with the
position of the two Cabinet members.
The Attorney-General and the Post
master-General." said he. have in sf-
feet announced that every executive de-
partment has full license to carry on at
public expense by printing and distribu-
ton through the official mails postage
free, any propaganda that It's then chief
may favor. All he has TO do In to certify
that II Is in the interests Of the depart
ment
"All the weight OF the intrenched Gov
eminent influence. all It's power Of pub
licity may be used to serve the personal
interests OF the head OF the Department
or OF any OF its bureaus. II such Is the
case, IL such fragrant abuses Of the
statute may be committed with i'm
punity 1t Is high time that the statute be
amended. Such an attempt to prejudice
by personal appeal in illegitimate dis
guise the opinions OF a great body of
highly intelligent citisens on a disputed
question Of the highest Importance to
every citizen II not now prohibited
should be speedily prohibited"
The Attorney General says he found
there are two memoranda from the Sec
Wigmore letter I'm the interest OF the
War Department" He says afterward
the Wigmore letter was sent to the Pub
lie Printer under a War Department
reQuisition and large number printed
and later mailed.
From the facts above disclosed" says
his letter. at clearly appears that the
printing and distribution OF these two let
ters was at the direction of the Secretary
Of War. and can In no sense be said to be
the personal or self-asserted act Of Col
Wismore. He cannot be charged with
unlawful mailing Of these letters"
The Postmaster Generals letter IL a
technical discussion which reaches the
conclusion that there Is no ground for
action against Col. wigmore. Senator
Chamberlain's statement Is as follows:
I'm considering the result Of these
opinions Of the Attorney General and
Postmaster-General It must be borne in
mind that the Official communications
from the Secretary of War to Gen.
Crowder and from Gen. Crowder
to the Secretary of War. both
written in fact by Col. Wigmore con-
tain as I have already pointed out.
Eross Misrepresentation OF the facts In
the cases cited and were originally pro-
muigated for the express purpose Of an
swering attacks upon the existing sys-
tenn Of military Justice made by me upon
the floor OF the Senate.
They were given freely to the press.
and were read into the Congressional
Record. Oficial communications con-
tsIning clear refutation Of the Baker
Crowder-wigmore defense were sup
pressed.
Establishes Propaganda Bureau.
mot satisfied with this legitimate
publication Of the Secretary's defence
and the outrageously unjust suppression
OF the reply thereto, the Secretary es-
tablished his propaganda bureau, head
"a by Col. Wigmore and manned by
other officers OF the defunct Provost
Marshal Generals ONCE. and had print
Cd at public expense and as official doc
uments 10000 copies of these Baker
Crowder letters
Relying upon his supposed reputation
in the law school world Col. Wigmore
sent out under his own signature upon
letterheads bearing the imprint of the
Committee on Education and Special
Training OF the War Department many
copies to the various law schools of the
country. Not content with this attempt
TO corrupt the sources OF legal education
the Secretary then sanctioned the out
rage upon professional ethics and de-
cency a we'll as the direct and palpable
violation OF the law OF which ! COM
planned to the Attorney General and the
Postmaster General.
"And now both the Attorney General
and the Postmaster-General say that
they are powerless in the matter be-
cause. forsooth, the Secretary has de-
termined the publication and distribu.
ton at public expense OF Col. Wigmore'
personal letter TO be in the interests OF
the War Department Mr.. Burleson. II
Is true. thinks the personal tone in Col
Wigmore's letter somewhat unusual ir
Official letters but does not regard thai
as affecting its general official charac
ter. Notwithstanding the fact that Col
Wigmore calls his letter a personal ap
peal and virtually designates 1t q per
sonal communication. still its officia
character is not, In the opinion of Mr.
Palmer and Mr. Burleson. affected
thereby
Personal Appeal, He Says.
THE short OF their decisions IL tina
whatever communication, official or per
sonal, public or private which the Sec
rotary OF War decides to be in the in
terests of the War Department may b.
printed at public expense and distribute,
through the malls postage free. Tina
the statute allows free distribution
through the malls OF such communica
lions only as relate exclusively to tn
business of the Government does no
seem to Mr. Palmer or Mr.. Burleson 4
bs important.
"Col Wigmore's letter does not relat
conclusiyely or at all TO the business o
tho United States: 1t Is a personal ap
peal by Col. Wigmore. not as an Office
Of n 90