New Britain herald., 1919-03-26
ANSELL Tells OF
MANY NJUSTICES
t@--s +, s.a8.+ z.a.s 49,
Army Court Martial System at
Fault, He Says

WASHINGTON. March 2s.-"The def
eiencfes In the administration OF mil
itaryr Justice are the deficiencies OLA.
system said Col. Samuel r.. Ansel1
until recently acting Judge advocate
general of the army, in an address
before the Popular Government
league here yesterday. 1.-THE court
martial system Is at fault IT is one
that leads to injustice.
@The deficie lcies of the existfn e
system resulted in gross injustice to
the old regular, army before the war
It has resulted in injustice only in a
larger number of cases during this
war,
The method followed by this coun-
try, Col. Ansell said, lis one of the
most reactionary systems" He ar
gued that court martial should be
governed like any other judicial tri-
bunal and controlled "hy those es-
tablished principles that govern the
exercise of all judicial functions"
The only reason given for absence
of full judicial forms in court martial,
IoI. AnseH said. is that "nliltary jus
tice must be administered ouickly.
He did not dispute this necessity, but
said:
Surely the, prime considera ton is
that 1T ought to be administered just
Iy. There ought to be no talk of
thickness of execution before there is
justice of conviction. There should
be no certainty Of punishment before
there Is certainty of guilt The argu-
rnent> OF quickness at the expense of
correctness of punishment is the ar
gument of the m OBJ
Tn time OF war said Col. Anse1l,
"a. court martial IL ay> award any pun
ishrnent 1t pleases other than DEATH
Power Reposed in One Man.
ITO q, very large extent placing
.tl4is unlimited power in the hands OF
a court martial has resulted in plac-
siitg it in the hands notsof several ner
but of a single@pan. No court mar
tial sentence is effective until 1t is ap-
proved by the officer who has con-
vaaaed The court. Examination Of a
great number of court martial SEN
tences during this war will become
convincing to any man and demon
strate to all that in many Instances
the courts do not exercise Judicial
discretion. but in their unlimited
aoNer award III, outrageously excess
siye sentence, so, as to leave 1T to the
oInn1arlding officer to reduce it to
such figure as he sees flt."
These examples were given by Col.
Anseff as indfca ting the a,bdication by
courts martial:
n man 33 years of age was con-
'vlcted Of absence without leave, de-
sertion and escape. The court sem
fenced him to be dishonorab bly, dis
charged, to forfeit all pay and allow
Cyz nd @n
labor for SO years. The division COM
nander took occasion in his orders to
commend the court for having done
their duty in awarding substantial
sentence for such a serious offense ana
them, rather naively, I thought, suF-
pended the gsntence of dishonofabfe
discharge while the accused was serx-
ing his s9-year confinement!
Gone 3s Days, Got 40 Years.
TN another case q man was con-
vfcted of absence without leave OF
IS days at one time and seven days
at another, and for failing to report
for duty. He was sentenced to be
sffslfonorably discharged and to be
confined at hard labor for 40 years,
which the converting authority re-
duced to 10.
l"In another case of absence with
out leave for three months, the &C
aused was sentenced to 20 years,
which was reduced to 10.
! TN another case, however, for not
very serious INSTRUMENTATION conduct,
the accused was sentenced to hard
labor for SO years, which the review j
{ne authority declined to, reduce.
Lack of legal control is the diff
Guilty. said Col. Ansel1. Lack OF
legal control at the top, lack of legal
control throughout the proceedings.
Instead of legal control, we have in
our system the control of these inher-
entity Judicial functions by the power
Of military command
Army Sentences Cut Down.
Of 12,472 courts martial sentences
between Oct. /, 1917. and Sept. so,
1918, the clemeney division of the
Judge. advocate generals department
recommended reductions in 1.1A7 or
80 per cent. The figures included
-, 025 cases of desertion, of which SIT.
or 2S.5 per cent, were recommended
for reduction. OF 1892 sentences for
absence without leave, only 112 reduc-
lions were recommended. or 80 per
cent There were 609 cases OF Sleep
ing on post, In So of which the Glenn
aYIcy division recommended a reciuc-
ation of sentence.
MAN CONVICTED OF sEDTTIoN
TO LEAD BUTTE DEMOCRATS.