The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-26
AhSElL FLAYS
Continued From Page one.)

sell were:
! Disobeying an order to take your
rifle and 60 out to drip and escaping
from confinement: dishonorable dis
charge and thirty years imprison-
ment: prison term reduced to twenty
Years.
! Absence without leave; twenty
years, reduced to ten.
| Absence without leave; twenty-five
years, reduced TO ten.
In ore ease OF absence without
leave, Colonel Ansell explained, the
soldier testified, and it was not denied,
THAT he went home to see a young wife
and baby who were sick and having
difficulty in keeping body ana soul to-
igether. He was sentenced 10 confine-
ment at hard labor for fifteen years,
(which was reduced 10 three"
80 Years for Decentralization.
In case involving not 80 very
lserious insubordinate' conduct ac-
cording TO the Colonel, a sentence of
fifty years was imposed. The review
ing authority declined 10 reduce the
sentence. he said. and consumed four
pages in explaining why it should npt
be reduced.
F'Of course. had courtnarshal
power in these cases" Colonel Anseil
asserted, been exercised in accor-
dance with the principles OF law gov
erning the exercise of judicial func-
tons. these things could not have
occurred"
TT will not do to pass over this
Icondition on the theory that those
sentences will not be served warned
the speaker. Unless somebody in
terposes." he declared, they must be
served, and "a part of all of them Will
be served in any event"
Lack OF legal control is the diff
iculty." in the judgment of the for
mer Judge advocate general. Lack
OF legal control at the top; lack of
legal control at the bottom; lack of
legal control throughout the proceed
ings. Instead of legal control. we
have in our system, the control of
these inherently judicial functions by
the power of military command"
/ Ause.fts Solution,
i Judicial questions should be deter
mined by men who have had judicial
training, was his solution to this prob
lem
The American army courtmatial
system Is such, he said. that it inc
l.xitahIgY ,lohicayly and =, naturally re,
Suits in injustice. IT was inherited
from Great Britain at a time when the
evils of the British procedure were a
ideas, he added.
Our courtmartial system, | say, is
absolutely reaCtionary." Colonel An
sell declared with great emphasis. III
1T had been designed to lead To injus-
itice, it could not have better dene
so and still retain the forms and ap-
lpearance OF justice. There can be
no assurance of justice under the sys-
tenn except as it is assured by reason
of the interposition OF strong person
alities intent upon justice and intent
upon eXtorting justice out of the sys-
tenn
The sole question today and one
! hat is agitating the people is. shall
| We supercede it by liberal system,
one that is controlled by law and not
by the mere will of man?
"Our courtmartia1 system turns its
back upon what our law and civiliza-
ton have found to be so necessary
lgenerally. Our courtmartial are the
crudest. most unskilled, most inlet
tered OF any courts in the land"
Renewing his plea for reforms,
Colonel Ansell declared that If the
prevailing system permitted a single
human being to be wrongfully depriev.
ed of his rights and liberty, 1t is the
duty of the nation and of congress to
$50 change the law that justice may
be made certain for every individual
Iwhose welfare is in jeopardy"