The Birmingham age-herald., 1919-08-25
BAKER SAYS PRESENT SYSTEM MUST HAVE BUT MINOR CHANGES
Majority of Officers Who Were Circularized Favor Present COurt-Martial
 Procedure
By Assoeiated Press

" StUn AuEuSt -fs-tu
 proving the report submitted to
 him by Major General Francis
 Kernan. head of the special war
 department board Of court mar
 tial and their procedure. Secretary
 Baker today took the official stand
 that the present system should not
 be changed except in minor details.
 1nferrentially, the secretary up-
 held General kernan's view that
 courts martial have always been
 agencies for creating and mnin-
 taining the disclipine of armies,
 rather than agencies for the mice
 examplification of rules of the
 law.
 The boards report reflected the opinions of 225 officers who were cir cularized. More than half of these gave hearty approval to the present system, 4S condemned it as basicaily wrong and the remainder total of 67 pointed out specific weaknesses which they thought should be remedied. Temporary officers were about equally divided for and against and change
 The most serious defect in the exist ing system. the report asserts. arises from the lack of competent trial judge advocates and counsel' and as remedy 1t is recommended that the defense counsel be appointed for each general and special courts martial, and that special inducements be offered young officers to study law in order that they may be fitted for these and other special duties.
 FIGHTING UNITS
 Tt is noticeable" the report said. that officers who served with fight ing, units are as a class favorable to the psesent articles; on the whole Of ffcers whose duties kept them remote from the zones of battle. view the sys- tenn with a more critical eye and mani festly compare 1t with commercial practice in the civil community to the latters advantage"
 Declaring the sovereign remedy pro- posed by the most pronounced critics is to transfer administration to those who are lawyers first and soldiers by cour tesy only, General Herman expressed the opinion that this would make 1t impos sible for the commander to obtain anione. his troops the necessary discipline to military success which Is the first pur- pose of an army"
 The report criticised the pending Chamberlain bill which would take from the president and the war department heads the power to review courts-mar tial findings and place appeal fin civil ian hands, pure and smpe'' that is the court Of military appeals. or in the quasi civilian legal hands of the judge advo- cates provided for general and special courts-martial" Under such a system the reports holds. the power to discipline effectively. is separately bound up wtr tho nf offarfix-o t be paralyzed.''
 AS TO PUNISHMENT Referring to charges that sentences imposed upon soldiers for minor offenses have been "grotesquely severe" the re- port takes the view that although such were the effects of apparently triflins f1isdeeds. in most cases the factors jus tified the findings. Aside from the loss in discipline resulting from unpunishe l acts of disobedience, the report says, there must be faced the unfair proportio.i of duties which fall upon the obedlen' soldier as q result. and in many case the grave danger to the health or the ac- tual existence of the offending soldiers, organization, "A lighted cgarett~ in the company park is an entirely differen' matter from one in powder plant the report continues. General Herman and the other menkpers of the borad express strong opposition to the Chamberlain bill's proposal tha' enlisted men be appointed to sit on the courts, on the ground that it is out o: harmony with the American conception of democracy and of our confidence in out institutions"
 This change" the report adds. would seem to be more in harmony with tha form of discipline which in Europe re- gently aided in the establishment of sol diers and workmens' councils.