New-York tribune., 1919-04-20
Not Statistics, but Common
Sense and Humanity Are
Needed to Correct Its
Evils, He Tells City Club

,formcr Brgadicr GencraD Samuel 7.
Ansell declared in an address before
the City Club here to-day.
Colonel Ansell, whose fight to reform
the present court martial system in
,he army has got him into hot water
with Secretary Baker and Judge Advo-
cate General Crowder, and to whose
defence Chairman chamberlain of the
Senate Military Affairs Committee has
rome. was caustic in his references to
the system, and to those who profess to
seek its Improvement.
He referred with irony to the fact
that judge advocate had been sent
TO Europe to study the systems of mill
tarv justice there, saying he had COW
cred this field year ago, but his report
never had been read.
He paid attention also to the COM
mittee Of the American Bar Associa-
ton which is making an investigation,
before which he is expected to appear
on Monday, commenting sarcastically
on the kind Of testimony the committee
has been hearing and bewailing the
fact that Gustavus Adolphus was not
alive to defend the present code.
"Organized Injustice"
"There are those said Colonel An
sell, "who have said that the system
is archaic, un-American, oppressive,
and that it has led to irtolerable in
Sc
Of organized injustice. 1t is upon this
side Of the question that / stand. There
are others, however, in high and re-
sponsble position, who defend the
system. who stoutly insist that it is
modern. liberal; hes not resulted in
injustice and these have taken al
most every means to assure the peo-
ple that this system is worthy of the
highest popular confidence | am led
to believe that the people themselves,
upon the information they have, are
impressed with the injustice of the
system.
There are many Investigations
about the system. 1t is announced
that q Judge advocate has recentlyv
been dispatched to Europe to investi-
gate the European systems OF military
Justice field which l covered Just
one year ago, and made a report which
was never read. A committee of the
American Bar Association is making
an investigation. SO far as | can dis
cover from the press, l can hardly
think that Investigation is likely to
prove beneficial.
The seem to have called the avail
able major generals of the regular
army, and I understand they intend to
call all living eX-Secretaries of War
1t is rather pity that Gustavus Adol-
phus, from whom came considerable
part Of our code, could not also ap-
pear before them to commend the sys-
tenn which he administered
volumes Of statistics have been pre-
pared % show that this code possesses
merit which could hardly be at.
trlbuted 20 any Institution that is not
large or entirely divine. AS for my
own part, think that common sense
man, when acquainted with few fact;
about this system, would be compelled
to condemn lt, regardless of the result:
of such inVes gation. And I believe
that remedial legislation ought to b,
put ON the statute books, without
awaiting reports to be made BY
theorists and investigators and stats
tlcians. Justice after all, is Il human
th'rg, not governed so much by respec
for reports and flgares and statistic!
as by oNr own common sense and oul
sense OF natural Justice and right.
"Our code, systematically and large
ly 10 detail lis the British code O.
l1I4. admit that the very age Of 1
law may be an argument in favor O.
rs beNelccnce, indeed, the proof of 1t
But this can hardly be true of a mill
tary code. Iae last $50 years have
served 70 change the whole attitude o
the state toward criminal or to on,
who unfortunately becomes charged
with or Is suspected of a violation o
law. The last $50 years also have seei
change among speaking peo
Pies az least, in the entire relation o
solder to his country.
Court Made Personal Weapon
"The difficulty with this code is tina
1t does not contemplate that cour
martha shall be q court doing justice &C
cording 10 vel established principle,
hAd Independently Of all persona
power; quite the contrary. 1t regards the
court martial simply as the right hanC
OF the comma nding officer to aid hin
IN the maintenance Of discipline; it ii
MS agent he controls it; it is answer
sole 70 him. This was the British view
9I $50 years ago. In those days the
hlng made the articles of war; h
MADE the military offences, he pre-
scTloed The punishment; he and hi,
o,hcers ordered the court simply tina
(aey migh- be advised by it. In tina
Gay Common soldier was but serf
tie was PERSONAL retainer of the Kin3
or the krrs oGicer. He was not
c'uzen serv,ng the state in the highes
capacsty Of citizenship
~ noer th-s system an officer be
toags 70 4 caste, IS a thing apart An,
prcer c2n prefe- charges against
faa1 and ~ n.s viii can really succeer
IN getting hir1 tried The statute re
qelrea 70 preliminary investigation
sho s1cA zs Is required by the rcgul la
saon Is rot thorough and effective An
-ron then on everything Is governe
1os oy la@, oUs by military comma nt
l % oetal. u COZ usa.l- the detail If tn
eour', nc question Of the validity 0
t'se charge nc sufhciercy Of .he evi
esnce and tas thousand and one cues
eachs sr7slng in the proeress Of
etlnIfal trsal sze Ill lift fr.ally ID In
ecrlvssnirzg oficer.
WILL ezgmplify this power of COZ
s srn. W military commander by
'tl1ie case called II my ATTENTION. ye.
seIaa5- boy in Our a1ruy in Franc
1SV0gm 1or % frunrs q fash Ugh
Afon1 rercn shppkssga.-, wnaazh b