New-York tribune., 1919-04-07

accused makes no choice, should be re-
quired to certify for the benefit Of the
record that he has assigned to that
duty that officer within his command
experience and rank, he deems best
qualified therefor.
Would Assign Judge
"The statute should require that an
officer of the judge advocate generals 5
department should be assigned to sit
With every genera court marital and
should empower him to rule upon all
questions Of law raised during the
proceeding, to sum up the evidence
for the court and to perform generally
those functions which are usually per
formed by judge sitting with jury
! IN the trial of criminal case; and
the statute should also require that
wherever practicable a specially quail
med officer be detailed TO sit as a law
member Of special court martial
THE statute should require that the
court and the Judge advocate shall
function ependently of the conven-
ing or any other authority, and il
should forbid the convening or any
other authority TO return to the court
any record for reconsideration ex-
cept for such reconsideration as must
operate to the benefit Of the accused
The statute should forbid any recon
slderation that could result in the
changing Of finding Of not guilty to
one Of guilty Of any offence, or chang
ing finding Of guilty of lesser includ-
ed offence only to q finding OF guilty of
an offence of higher degree or of
different offence, or increasing the
punishment"
"The statute should require that the
convening authority take no action
upon the proceedings of q general court
martial until he shall have had views
Of his judge advocate thereon in WIN
ing, and no convening authority soall
approve any proceeding or sentence of
q court martial pronounced illegal or
void By his judge advocate.
Provide for Final Opinion
"The statute should place btyond
question the revisory power of the
judge advocate general Of the army,
who should be specifically authorized
upon q question Of law raised % to
pronounce the proceedings, findings Of
guilty, or sentence, in whole or in part
invalid; f2) and in a proper case to
recommend 70 the proper convening
authorities that Il new trial may be
had
THE statute should make offences
and penalties more nearly specific.
lie obd1bbe SHoulN so establish the
oftlce and duties Of the Judge advocate
general that in their performance he
snail not be subjected directly or in
directly 10 military supervision Of any
kInd, bat kept free from TINT military
influence which ! regard as offensive
70 justice.
"ln addition, respectfully ask you
~ recons stder vpur refusal TO receive
my comnupieatiou officially, and give
t..tt.
stat"msnt of Ceuerak lroWder md
your own letter IN support NJ the ev-
lstihK sYstem. The reason specifically
AsplYned NJ you ~ that IL Involves q
pefsVnsl controversy between ms and
r"n"rhl troWder and that, therefore.
~ ~ 'oD1ionHly uaeitsg md Improper
i'r ppDlicatlon' ask your reconsid~
efation On these epecific grounds:
Insists On Public Forum
Ine controversy is personal only In
me sense that H. involves the yiewa and
aatttude of that officer and myself upon
me e@lsting system Of military Justice.
iou "lshso mat the people be ac-
quaiuted with the factg an prnsentod hv
General Crowder, in order that tbey
might be reassured by his views and
ms attitude IN support Of the system
ny statement is designed, in part. 10
show That the views and the attitude
of That officer are not Of such credible
and bona iide character az to convey
any such assurance and that thcv
would not convey such assurance p
their character were understood. IN
icss my statement Is published. the
people wiil not be in a position to
Judge whether or not the ipformntion
contained in General Crowder's state
ment Is worthy Of public cvcdit.
"AB n matter Of common fairness in
asmuch M you published General
CroWder,g asperslons upon me In a