South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-04-17
GENERALS OPPOSE
SYSTEM CHANGE
Want Power TO Remain With
PreSiden, and Army
Officers.

WAsHINGTON. April 17-Three (
major generals OF the regular army, /
Leonard Wood and Hugh L. Scott I
retired) formerf chiefs OF the gem
eral staff and each Of whom trained
and commanded divisions during
the war, and John T. Cham berlain,
inspector general opposed. Wed
nesday, before the American Bar
association committee inquiring in
To the subject OF military justice.
any plan 81 taking from the presi-
deaf and tho commanding generals
the control they now exercise over
courts martial The present con
tr0versy as 20 war time sentences
began with the proposal Of Lieut.
Col Samuel T. Ansell then acting
Judge advocate general 90 repOse In
the jadge advocate general final
jurisdiction Of the cases.
The three officers fSard today by
the committee were in agreement
that the proposed change would inn
pair the disciplinary system al
though all OF them saw defects i'm
existing laws or regulations which
should 81 remedied. To meet com
plants as TO excessive sentences.
the officers were OF the opinion that
the president should be authorized
by law 20 fix maximum penalties in
war times as well as ia peace.
But whatever is done" Gen.
Wood declared. don't give US any
possibility of "a Harry Thaw case in
process. We don't want the hag-
Cling over technicalities OF civil
court cases"
Chamberlain Shares View.
Gen Chamberlain shared this
view. as opposed 10 the suggestion
that he military legal system
should be put entirely under army
legal authorities He opposed the
suggestion that IL be made mandat-
Dry that trained legal officers pre-
side over courts.
Gen Scott was positive i'm his as
sertion that control of discipline
was an essential function of COM
mand.
"The weakening of discipline in
the Russian army" said Gen. Scott
who was a member Of the Root
mission 10 Russia. destroyed Rus
STA"
While probably 20 percent OF the
cases brought 10 trial during the
war never should have reached a
court martial stage. Gen. wood
said. II was the inexperience OF Of
ficers. their lack Of the habit Of
command" and the failure OF the
human element that could not he
reached by law which caused this
situation
The fundamental defect in our
court martial procedure" he said.
lis not in the machinery. but in the
failure TO carry out its operations
properly"
Wants Cases ScTutinilcd
Gen Wood urged that more care
ful scrutiny should be given 10
cases before they were brought to
trial particularly by division or de
partment commanders that great
use be made OF the many disclplin-
airy measures not involving legal
proceedings at the disposal of com
manders. that competent counsel be
assigned for all prisoners TO protect
AAltA AAhhAE anu AAAtAA IAA6N anNU
Gates OF courts inclined toward the
French system. 10y which the lega
officer merely presents the case and
does not take on the character OF q
prosecuting officer.
The tendency OF courts martial
all three generals contended, was
toward protection Of the accused
General Wood said this was fol
lowed throughout the whole mill
tary justice system, that the govern
ment was an impersonal agent and
IL there was error in final action
10 was almost certain 10 be on the
side OF the accused.
Gen. Chamberlain disclosed tina
at the outbreak OF the war. Secy
Baker ordered that every complain
received by the Inspector genera
be investigated and said his offic,
went carefully into charges mad,
even in anonymous letters