The sun., 1919-04-23
SAYSLAW SHOULD
PROTECT SOLDIER
Ansell Declares Reform by
Departmental Regulation
Is Useless.
HE LOOKS TO CONGRESS
Would Have Legal Officers of
Army Not Subject to Mill
tary Domination.
HE LOOKS TO CONGRESS

WASHINGTON. April 2z.-Lieut.-Col
Ansell, former acting Judge Advocate
General, to-day continued his attack
the investigating committee of the Ameri-
can Bar Association. He reiterated his
assertion that the existing system was
derived from days when common SOL
diers' were the vassals Of the king and
the soldiers were not recognized as
citizens of the State. He declared It was
the natural result of such a system that
an officer caste should be built up.
Declaring that the enlisted man did
not receive the same consideration of his
rights under the system that officers en-
joyed Col. Ansell argued that the only
remedy lay in writing into the law the
guarantees of the rights of the soldier.
While this is left to regulations to be
prescribed by the President, he said, it
cannot be effective.
THE attitude of the army" he added,
has been intolerant toward those meth
dds necessary to Justice. 1t does not
take kindly to legal restraints"
While a commander of troops neces-
sarily must have arbitrary power of com
mand, the officer asserted. It should not
go to the extent of permitting him to
hang men.
Says Congress should Act.
Congress cannot comm nd the army,
said Col. Ansell, but Congress should
prescribe the rules for its discipline II
you are going to have any law worthy
| of the name, you will not get it by
committing 1t to departmental regula-
| ton. IL 1t Is to be left there all this
| agitation will have been in vain"
! The officer, who was frequently in
| terrupted by members of the committee
to discuss involved legal questions as
| they arose In his argument, asserted
| that there had been a strong effort by
| the War Department to have the peo-
| pie. and perhaps this committee, believe
| that there was a substantial revision OF
the articles OF war in 1916. This was not
| the fact, he said. and cited statements
made to Congressional committees by
Major-Gen. Crowder. Judge Advocate
| General, in proposing the revision &c
| prove his case.
His attention was drawn to recent
| statements by Gen. Crowder showing
| that he agreed that the military code
needed amendment. These statements
Col. Ansell characterized as evidence oil
| a Change OF heaft on Gen. CroWQer
part, but he declared that such state
| ments by that officer or Secretary Bake
were mot made in a way to assure m,
as would a favorable report by thi!
| committee"
| In submitting his own recommended
lions, Col. Ansell reaffirmed his belle
that the legal officers OF the army ough
to stand on a different footing from
| any other part OF the stan. not subjec
to military domination. II line officer
| would broaden out" Col Ansell said
| they would soon abandon the slogan
| You Can't Have Justice in an Army
! In the course OF his argument Col
Ansell said he would have thrown into
| the waste basket" the bill submitted BY
| the War Department more than a veal
| ago authorizing the President to review
and revise court-martial findings oil
| sentences
Had that bill passed" he said, 'yot
would have the Judge Acknowledgement
reporting TO the Chief OF Stan. the ultra
military man OF the army"
Chairman Gregory said he understood
| that Col. Ansell sought to have estab
lshed "a thoroughly judicial system
which would be free from interference
"by the Chief of STAFF or anybody else.
Col. Ansell agreed. adding that the ques
| ton was whether these trials were dis
ciplinary matters or matters of pure
law.
\ II