El Paso herald. (El Paso, Tex.) 1901-1931, 1919-06-05
Court Martial
Inquiry Waits
FOrThePreSent
Congress Will Take Matter
Up Sometime During
The Summer.
Confined from page -

ence Of n technical character he
tween the principals in the dis
pute, but when men like Gen Per-
shinE and GEN Leonard Wood. on
the one hand. representing MILF
tury opinion. and secretary Baker,
himself a lawyer. representing the
civilian point OF view. say that
Gen. CroYFder j. right, the average
man can draw his own conclu-
Slons.
The controversy is at a lull nov.
because congress is too busy on other
things. But, before the end Of sum
mer, Cen CroWder will be hack from
Cuba, where he has been helping re-
wise the election laws at the request
OF the Cuban government. and our
congress VIII receive definite recon-
mendauons from the secretary OF war
as 70 changes in the articles OF war
governing offences in time Of war and
peace.
Chamberlain introduced AnseIi's Bill.
Col. AnseI has drawn a bill. which
senator Chamberlain has introduced
others are at work on the same
thing. Secretary Baker viii make his
own recommendatiOns, but viii attach
the reports OF Col. Ansell and others
when he submits his views 10 the nil
itary affairs committee.
II Il were not in sympathy with
the soldiers, SO often a vote getting
affair, the question Of military JUS
tice would not be so delicate
As matter OF fact statistics and
percentages can be manipulated 10
produce a series Of wholly different
number Of acquirtals, which Is very
Few in the army compared 10 the
number OF convictions. whereas in
civilian court convictions are MI
nority- II would seem on the face Of
u that military justice is severe
But the facts are otherwise
II charges are filed against an In
dividual. he is rot tried Immediately
BY courtmaruaL An officer is de-
tailed TO make an investigation. If
he recommends a courtmarttal. it is
usually because he thinks the Of
fender guilty II he thinks there is
rot evidence 70 secure conviction
he recommends dismissal Of charges
In clVil life, the mere testimony Of
the Witnesses interviewed by the in
vestig eating officer would in many
cases be enough TO produce an indict-
ment by a grand jury. The army Is
too busy in time Of war 10 deal with
cases that do 1ot look substantial
Il treats only those that seem 10 in
volFe certain proof OF guilt That is
why the convictions are more numer-
Gus. As for sentences. they may
sound terrifying when announced as
20 or 30 years. but there is rarely a
minimum sentence. They are like
suspended sentences in civil life.
Usually they are committed An Of
fender has an opportunity to ask for
clemency once a month, and. more
over. he is given the benefit OF good
behavior
Army Officers say No @Fixed- Courts.
Army officers Of long experience IN
dealing with the military courts say
they never heard OF a court being
fixed as in civil life.
An accused can object TO the
presence OF any officer On the
court whom he may think IL hes
tile or unfriendly 20 his case
Questions can be asked freely BY
the court 50 as 20 assist counsel
for the defendant n the lawyer
does not happen TO be competent.
II Ciemency was not exercised
during the war, IL a. the fault, Of
course Of the Judge advocate gen
erals office but this happened TO
be I nehnrge Of Col Anseli him
self The Judge advocate acts for
the president and secretary OF WAY
In reviewing cases.
The past is mixed up with recon-
mendations OF the future
out OF all the regulation recon-
rnendations. including the suggestions
for change made BY Col Ansel and
Gen CrOWder. viii come 8 new code.
but conservative opinion I'm the army
is that the system viii not differ sub
stantially from the one heretofore VI
vogue
DesertIon in the face Of the
enemy and absence without leave
when troops are about 10 sail
from an embarAation port for for
eiEn service are too EeriOus Of
fences to be left for long drawn
out civil processes when the
morale Of any army must be Eus-
tanned.
Peace time justice Is quite another
thing. Most OF the causes deal with
dedication Of funds or infringement
on the rights Of civilians in and about
army posts
soldiers Prefer Army Courts for Triui.
Usually the army surrenders man
accused Of violating civil or criminal
laws 10 the state for trial But, time
and again accused officers and sol
diers ask that they be tried before
a military court
verdict and the powers Of reviewing
officers viii no doubt be thoroughly
debated when they get into the sub
fect but the big issue which VIII
come before the American people
when the facts Of the controversy
are developed in the public hearing
Is this. shah the army discipline it.
self or shall outside Influences and
civilian judges be permitted 70 inter-
fere in the administration military
Army officers believe the whole
structure Of discipline depends upon
their having a free hand, but that g
definition OF the powers and duties
OF reviewing authorities would be de-
sra hle.-Copyrigh 1872 BY New