New-York tribune., 1919-04-13
Nine.Tenths of Cases
Imposed Sentences 4Oo
Per Cent Higher Than
Justified, They Assert
Col. Ansell Lauded
ForExposingSystem
Soldiers Rights Under
Army Law Returned to
Him, Report Declares

Ninety per cent of all cases tried by
courts martial in the United States
army have hitherto resulted in injus-
tice. This is the opinion stated yester-
day by the Ex-Judge Advocate Com
mittee on Military Justice, which has
been sitting secretly in New York.
Sentences imposed by the military
courts were more than 400 per cent
higher than they should have been, the
committee declared.
Military justice, as thus meted out
in this country, was arraigned as
"Prussian, not American" in the state
ment of the committee, sent out by
Roscoe Stewart, temporary secretary.
To bear out its contention that en-
listed men of The army had no redress
against grave injustice, the committee
quoted the facts of twenty-five con-
crete cases which had been ground out
Of the military courts.
Colonel Ansell Praised
In one of these cases man was SEN
fenced to ten years at Fort Leaven
worth for openly leaving barracks and
being away one day on a visit to his
family. For equally trivial offences
men we're given terms ranging from
FIVE years upward. In some of the
cases the man was not even heard in
his own defence.
The committee praised the work of
Lieutenant Colonel Ansell for his crea-
tion of a clemency board to pass on
sentences, but declared that it gave to
the soldiers rights which never should
have been taken from them. 1t declared
that he had been reduced from the
grade of brigadier general to lieu
tenant colonel for his exposure Of the
injustice of the court martial system" "
The statement, in part. follows:
The figures given out by the War De-
partment are thas the clemency board
TO date has considered 1853 cases, that
it has recommended clemency in ! ,521
cases and that it has recommended the
reduction of the average sentence from
seven years and four months to one
year and nine months, or total Of
1893 years from the aggregate SEN
tences imposed
THE creation Of the clemency board
vas the last important official act Of
Lieutenant Colonel Ansell when he was
acting as the judge advocate general
and before he was reduced from the
grade OF brigadier general to lieutenant
colonel for his exposure Of the injus-
tlce OF the court martial system
After ne had been unsuccessful in
his efforts in the War Department to
secure authority for the judge advo-
cate general on review of court mar
tial records to revise and modify the
findings of court martial as the law
and evidence demanded, and he saw
mat thousands of men were under
gong unjust punishment because there
was no authority to cut down the SEN
fences imposed upon them, he recon-
mended to the Secretary of War that a
ooaro OF clemency be created to con
slder the cases Of all men who were in
.onhnement and decrease the SEN
fences where they were found to be
excessive
=. to Recommendation was adopted
py secretary Baker and the board be-
ssa 70 junction on or about February |.
Men Had No Redress
AS result Of the defects of the
present system Of military justice it
seen from the work of the clemency
ooard that soldiers have no adequate
proeection against unjust convictions
ain ahu sentences except as the hand of
Nl%MencV bo
.ast they do not receive Justice as q
mailer s.Ls OF right but of executive favor.
me present system makes the gov
erhmeht Of the United States an auto
tit Itic government which deals with
s1D!eees ratner than with citizens. AL
snoogn the government is popular
svserhment created to secure to its
.h.2ns .h.uzens well known rights of citizen
mp, namely. the projection of life,
ws.h oIh,'y and property, it is, in dealing
rnils nssn Ns soldiers citizens called to the
despot '''00' -
1T in effect says to them: q admit
sha. ! have done an injustice TO YOU.
a. nave tried you unfairly and have
ss"rIenced q you unfairly. In my mercy
e.. cgooze | viii extend clemency to
~ u do not choose there is no re-
~; ~ ior you Such q system is Prus-
''sn. d. not American.
:. me ~. ciemency board is giving rights
me soldiers which never should
asse Deen taken from them. But sup
ssse .he board had not been created
aa' .nat there had been no Angell, a
,@an sma WITH human instincts, to rise up
saihst the system--those men would
asse mad 10 continue 10 serve out their
,,ssaar.snees, With no law TO secure them
s'fsss Tor tho injustice done to them.
Lawyer Cites Injustice
s...A letter just received by the com
ss..N 800 from civilian lawyer illus
xTs in one case what these men
'snla ama have been up against:
IN the fall Of 1911 /, as civilian
sasysr. undertook In behalf OF the ac-
go a 70 obtain 4 rehearinx Of certain
ss;".as court martial cases. At the
,skIhai trial Of said cases a young and
sst sstss1ie.ncsd second lieutenant with
na,.snY snY knowledge Of law had been ap-
H"~d, over the objection of each of
accused, 70 repregent-~or rather
,,sya..sprszsnt"~them There we're many
f.sfnissit'es hnd errors Of law In said
LaIs, ~ we'll rs in the PROCEEDINGS
tssssx up W and subsequent ~ tho
I ~, ana tbe court Itself aeted under
sxsslia,seobesptIon Of the law and nj the
tsxT'ss e7 war, which we're then en-
6sssa " beesion i54z of the Revised
~ lranrthsrmors, ths accused we're de.
k.srs.s. 80 sefts'p rights guaranteed by the