Evening star., 1919-08-31
Herman Report on
Military Trials.

sons enlist in the United States Army
they will receive justice and not
abuse The agitation has abolished
the old power, feudal in its nature.
vested in the "convening authority"
of setting aside the courts finding, al
though favorable to the accused: and
of setting aside the punishment and
imposing one of greater severity.
The agitation has also produced the
good effect of a demand for abler
counsel for the defense of accused. In
the old Army, the officers. usually
through training and experience,
were able to control their men. They
were not counted worthy to hold com
missions unless they had some degree
of leadership.
When they resorted to court-mar-
tial it was usually for the purpose Of
getting rid of some incorrigible Amy
oIender-one who had become a biSi-
sance to the outfit. They carried this
old idea with them. at least in many
instances. into the now democratic
Army and assumed that the object OF
a court-martial was, not to ascertain
the guilt or innocence of the accused,
but to administer the punishment nee
essary to maintain discipline in time
of war But the vast majority of the
line officers were not old Army men
they were men who had previously
had little experience in the handiing
of men at any time, and none in tilDe
of war. With them-at least in many
cases-the idea of courtmartial was
that it was a means to enforce dis
cipline.
When they had not the personal
force to impose discipline. the only
resort at their disposal was to prefer
charges and see that the fellow got
what was coming to him. Their course
brought under the ban many young
soldiers who were not disobedient at
heart young fellows who had over
stayed their leaves without a thought
ever of desertion. But it seems as if
the Army officers of the old school
who had the authority failed to grasp
the fact that there was a vast differ
ence between the old "incofrigible'
and the misguided youth who was be-
fore the court.
Not all of the offenders were of this
type; some were as hardened a lot as
il they had been taught by the hard
boiled" non-commissioned officers and
their superiors. but the records show
little distinction in either the treat
ment or the sentence of the two classes
despite the claims made in favor of
The rough justice" of the military
court These same records show that
the counsel assigned to the defense
were. for the most part. there in de-
ference to some regulation that re-
4oii Gu Sci tain iofihS 10 DC observed,
and not for the legal advice they were
able or allowed to give.
The review by the President is, for
the most part. but formal; for. except
in very particular instances it is not
expected that he will be able per-
sonally to examine any of the cases.
The Secretary of War cannot attend
10 them personally. so the cases go to
Eome divisions in the general staff and
are disposed of in the regular" way.
If the War Department persists, or
rs permitted to retain the old idea that
-courts-martial have always been
agencies for creating and maintain
ing discipline" then the reviewing
authority and the converting authori-
~ will be vested in the same source,
Hnd the Army will hold life and death