Arizona republican., 1919-04-17
GEN. WOOD OBJECTS ID RADICAL CHANGE
 IN C0URTSMART|AL
Discipline Necessary To Command - Machinery Correct But Application Faulty - Would Hay e President Fix Penalty.
Republican A. p. Leased Wlrer


 WASHINGTON, April 16.-Three major generals of the regular army, Leonat1 Wood and Hugh L. Scott Ire tired), former chiefs of the general staff, and each of whom trained and commanded divisions during tie war, and John L. Chamberlain, inspector general, opposed today before the American Bar association committaa, mquiring into the subject of military justice, any plan of taking from the president and the commanding gener- als the control they now exercise over courts martial. The present contro- versy as to war time sentences began with the proposal of Lieutenant Colonel Samuel T. Ansell, then acting judge advocate general, to repose in the judge advocate general final jurisdic- tion of these cases.
 The three officers heard today were in agreement that the proposed change would impair the disciplinary system, although all of them saw defects in eX- isting laws or regulations which shOul., be remedied. To meet complaints as to excessive sentences, the officers were of the opinion that the president should be authorized by law to fix maximum penalties in war times as well as in peace.
 But, whatever is done" General | Wood declared, "don't give us any possibility of Harry Thaw case in the army. Give us a simple. direct process. We don't want the haggling l over technicalities of civil court cases Opposes Trained Lawyers | General Chamberlain shared this ! view. as opposed to the suggestion that 1 the military legal system should be put l entirely under army legal authorities He opposed the suggestion that it be 1 made mandatory that trained legal Of | ficials preside over courts.
 General Scott was positive in his as 1 sertion that control of discipline wa: an essential function of command.
 "The weakening of discipline in tht Russian army" said General Scott | who was a member Of the Root mission ! to Russia, destroyed Russia
 '"rhe fundamental defect in oul court martial procedure" Genera Wood said. lis not in the machinery but in the failure to carry out its op erations properly"
 General Wood urged that more care full scrutiny should be given to case before they were brought to trial, par i ticularly by division or departmen | commanders; that greater use be mad of the many disciplinary measures no involving legal proceedings, at the dis posal of commanders; that competen counsel be assigned for all prisoners to protect their rights, and that judg advocates of courts incline toward T" French system, by which the legal off cer merely presents the case and doe not take on the character of a prose cutting attorney.
 Accused Is Protected
 The tendency of courts martial, d three generals contended, was towar protection of the accused, Genera Wood said this was followed through out the whole military justice system that the government was an impartis agent, and if there was error in fina action it was almost certain to be 0 the side of the accused. General Woo suggested. however. that the practic of the civil war confederacy of form ing permanent courts of officers, phy sically disqualified for active servic could well be adopted.
 The proceedings were enlivened to day by the voluntary appearance { E. M. Duncan of Maryland, who serve as major in the engineer corps 0 l construction duty at Fort Leaver ] worth, Camp Humphreys and Cam Lee. He said he had sat on probabl { a thousand courts martial" and vigol l ously attacked the attitude of officer as mot human" in dealing with di: ciplinary matters. Part of this ws } due, he said. to the feeling that "tf [ old man." the post or division con mander. insisted upon severe pena ties.
 General Chamberlain disclosed tn; at the outbreak of the war Secretal Baker ordered that every complaint r, ceived by the inspector general be il vestigated, and said his office wel . carefully into charges made, even . anonymous letters.