New-York tribune., 1919-02-28
Representative Johnson,
Himself ii Soldier, Says
They Are Not Impartial
Gives a List of Cases
Tells of Boy Who Committed
Suicide When Told by His
Captain He Would Be Shot
Nca0 York Tribune
Washington Bureau

been neither "fair" nor Impartial"
Representative Royal c. Johnson, of
South Dakota, who served with the
10th Division in France, in a speech
in the House to-day arraigned the mill
tary judicial system, which he declared
had been responsible for innumerable
travesties of justice during the war.
The Secretary of War and the Judge
Advocate General have contented them
selves with a strict compliance with
legal technicaities, Representative
Johnson said-"the strict letter of an
archaic code which belongs to medieval
times"
General Ansell has insisted repeat
edly upon supervision of court mar
tial procedure,' said Mr.. Johnson.
after four months study of systems
Of military justice among our allies in
Europe he returned last July and made
report, pointing out many elements
in which their system was far superior
to our own. That report was disre-
garded and never reached the Secre-
tary of War
Result of Petty Tyranny
Charges may be, and frequently are,
the result of caprice and petty tyranny.
There is no judicial investigation or
determination of whether the chargers
actually allege an offence and whether
there is prima facie Sroof to sustain
them. The power to take a soldiers
life or imprson him for life or con-
denim him to other harsh punishment
can be exercised by any officer of the
army, regardless of his rank or ex-
perience. There is no officer of legal
or judicial training who is in authority
TO interpose.
"The War Department says the trials
are legal. l say they reek of lawess-
ness; they have not been fair, they
have not been impartial and in many
instances they have not been trials at
ali.
Can trial be said to be fair Acn
an enlisted man of the army, lgnor-
ant of his rights, unappreciative of
the consequences, is placed on trial
before a court martial for his life and
has assigned to him for his defence a
ewlyjoined second lieutenant, who is
frightened, inexperienced, knowing
nothing of life or OF law and less than
nothing about court martial proceed
ure? He stands silent lifting not a
hand or voice to save the man whom
ne Is assigned to represent from tie
penalty of death.
Advised Pleas of Guilty
yet this is exactly what has oc-
CURED in France and in the United
States. Second lieutenants of the kind
described have been assigned to the
so-called defence of enlisted men
charged with capital or other most Sc
rious offences and have advised their
clients to plead guilty Courts martial
nave thereupon imposed the penalty of
death or other serious punishment,
In the name of just God, what
can be said for system that permits
or such tragedies? What can be said
Of general officers who display such
lust for innocent blood?
1 have in the past criticised those
VINO did not present actual names,
Gates and figures in support of legisla-
ton or in the making of criticism
Therefore I will give the record of
some of the cases know about
Here is one case: A boy of eiph-
teen, whose name was given to me as
Ira K. Sellers, enlisted at Dallas. TeY
April 10, 1917, in Company +, 10Th
infantry. While he was doing puard
duty on cold night last winter he
and three other boys on guard at Fort
Arthur, Tex, stepped a few feet off
their beat to warm their hands at a
hre They were found at the fire bv
'nelr captain, who threatened to have
mem shot or sent to prison for life.
This boy was so frightened that
ne teiephoned his father, told him he
vas TO be shot, and asked for his helm.
ne could not understand his father
over the telephone. He thought his
'atner as sick and could not come.
ana believing himself to be at the
mercy Of the court martial, that bow.
'nan face the disgrace and
punishment with which ne was threat
l eAeo' committed suicide in the early
morning Of that same day.
Sentenced to BE Hanged
~, private Of infantry was convicted
| T. murder and sentenced to be hanged
( ~ i, 'he lace Of plea of insanity that
e pfosecution had failed to contro-
| aas erI. ne judge advocate generals
ss s.'ee oisapprovcd the findings and
l. ~ss man was cent to d government hos
Va private at Camp Shelby, Miss..
sIs notified that his regiment was
ssis.S 20 20 overseas and that none
s1n'gnt leave the camp. He waited m.
a. e. me guards we're withdrawn and
~ w ~itn the sntention to desert. He
Th3u ea1ght and scntenced To be shot
~ "m ~as conmuted by the President
AIaseinty years at hard labor.
| dsser,hnam e. hnaamP Beauregard, La, a private,
ns'slDea @ by one of his officers on,
yie.1S S'ana as mere boy, was con.
~ d d On charges Of forgery, escape
ssmfs ssffs at hard labor. This cass S"'r ~ -
..a11iing within the cafeyory ~, ~, n"'
ss'sss Presidential attention. S"as atand. 3D.
Me court left it, and the mere 'b". boz
\ 1sss zen years mare in y~sanx .ts