Pine Bluff daily graphic., 1919-04-16
ARMY LAWS NEED NO RADICAL
 ALTERATION Maj. Gen. Chas. T. Menoker
 Gives Opinion. NEED ELABORATION
 OF REGULATIONS
Relieves System Of Enlisted JnrieS TO Try Enlisted Men Is
 Good Plan.

Washington, April 15.-The pres 1 ent system of military justice needs no radical alteration in the opinion of Major General Charles T. Menoher, commander of the 42nd (Rainbow) ] division throughout it's active service during the war. Appearing today be- fore the committee of the American Bar association, which is conducting an inquiry, General Menoher said that with some elaboration of regula- tions to make the system more easily understandable to officers serving only for war emergency, he, speak ing from experience, saw no necessity of changing court martial practice and procedure.
 "1 do not recall" he said, "that in this controversy it has ever been claimer that any innocent man was found guilty. With regard to the length of sentences, however, it is another matter.
 "We always felt that adjustment of sentence would be made after the war; that final adjustment so that every man got the same deal was in the hands of higher authority"
 Favors Enlisted Jury.
 General Menoher was asked what objection he saw to creating a sys- tenn of enlisted juries to try cases of enlisted men.
 "I believe it would work" he said, adding that he had never heard the suggestion before and was not pre- pared to present studied reply
 
 listed men. But should not want to see any bolsheviki ideas get into the minds of the enlisted men. We have some evidence now in Russia of what happens in that case"
 The officer also approved sug- gestion that offenses of a common law character, might be referred to the federal courts except in actual war zones, but was positive that so such transfer of strictly military cas- es should be made. The army would be glad to get rid of all trials, for anything but military offenses, he thought. ..
 No Escape.
 So far as the existing military jus tice system goes, General Menoher said, there is no escape from the personal element among the officers applying it. It is bound up with the question of general discipline, he added, there are no means of divoc- ing authority over courts martials from the functions of military com mand.
 General Menoher told of his ex- perience in sending cases back to the courts for reconsideration. It was the rule in these circumstances, not the exception, he said, for the courts to adhere to their original findings and sentences
 Colonel Charles D. Heron, who commanded the 313th field artillery and later was chief of staff of the 18th division, also told the committee that the present military system was adequate but that it's success depend ed upon the intelligence of the off cers. Courts martial, he said, were times they might be necessary, but often they may reflect on the intel ligence and ingenuity of the parent" :" Justice Necessary.
 Army officers felt it essential that justice be given the men, Colonel Her. 1 ron said, because morale depended upon it and morale was what won l battles. Some cases of seemingly ex- cessive sentences within hS exper- fence, he added, were easily explained by the facts. Ten or fifteen years imprisonment for weeks absence without leave, certainly appeared heavy, he asserted. but cases of this kind he had noted in France, were those of men whose week of absence kept them out of a fight into which their unit was going. The rear lines of all armies, he said, were filled with men wandering up and down in search of their companies, but never quite finding them. These were "skulkers' cases, which formed a separate prob lem, he thought.
 Believes Number Small.
 Colonel Heron told of another heavy sentence in his experience. A soldier of his regiment was senten- ced to three years and dishonorable discharge for stealing $20 from a comrade. In that case, however, the culprit had addressed a letter for g comrade who could not read anC read nor write, and wished to senC $2O to his widowed mother. The mar who was punished addressed the let l ter to himself and got the money ir , that way. It was for that breaking oI faith he was sentenced, Colonel Her l ron said, not for the theft. The off : cer doubted if civil courts would hay, dealt with the case on that basis.