Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-04-17
THREE REGULAR
ARMY GENER
OPPOSE CHANGE
IN ARMY COURTS
Wood, Scott and Chamberlain
Declare System Can Be Im-|
proved by Minor Changes,
but General Plan Good,
WOOD WANTS NO THAW
CASE IN THE ARMY
Does Not Want the HaggIing
Over TeChniCaIitieS of Civil
Court Trials Is Opposed to
Trained Judges,

rpv sossI..a Iousnst -~sctAL LEASED wisG
Washington, April 16-Three major
generals of the regular army, Leonard
Wood and Hugh l.. Scott tretired).
former chiefs of the general staff and
each of whom trained and command,
ed divisions during the war, and John
l.. Chamberlain, inspector general
opposed today before the American
Bar association committee inquirins
into the subject of military justice,
any plan of taking from the president
and the commanding generals the
control they now exercise over courts
martial. The present controversy as
to war time sentences began with the
of Lieut. Col Samuel T,
Ansel, then acting Judge advocate
general, to repose in the judge adVo-
cate general final jurisdiction of these
cases.
The three officers heard today We're
in agreement that the proposed
change would impair the disciplinary
system although all of them saw de-
fects in existing laws or regulations
which should be remedied. To meet
complaints as 10 excessive sentences
the officers were of the opinion that
the president should be authorized by
law to fix maNimum penalties IN war
times as well as in peace.
Wants No Thaw Case.
"But whatever is done" General
Wood declared, don't give us any
possibility of Harry Thaw case in
the army. Give, us a sinipler direct
process. We don't want the haggling
over technicalities of civil court
cases"
General Chamberlain shared this
view as opposed to the suggestion
that the military legal system should
be put entirely under army legal au-
thorities lie opposed the suggestion
that It be made mandatory that train
ed legal officers preside over courts
General Scott as positive N his as
sertion that control of discipline was
an essential function of command
THE weakening of discipline in the
Russian army" said General Scott,
who was q. member of the Root mis-
sion to Russia, destroyed Russia
"The fundamental defect IN our
court martial. procedure General
Wood said, is not in the machinery
but in tie failure to carry out Its op-
erations properly
General Wood urged that more
careful scrutiny should be given to
cases before they were brought to
trial, particularly by division or de-
partment commanders; that greater
use be made of the many disciplinary
measures not involving legal proceed
ings at the disposal of commanGers;
that competent counsel be assigned
for all prisoners to protect their rights
and that Judge advocates of courts in
cline toward the French system, by
which the legal officer merely pre-
sents the case and does not take on
the character of a prosecuting officer.
Accused Is Protected.
The tendency Of courts martial, all
three generals contended, was toward
protection of the accused. General
Wood said this was followed through
ont the whole military justice system,
that the government was an imper-
sonal agent and if there was error in
final action, it was almost certain
TO he on the side of the accused.
General Wood suggested, however,
that the practice of the civil war con
federacy of forming permanent courts
of officers physically disqualified Tor
active service could well be adopted.
The proceedings were ciiiNoileu '"
day by the voluntary appearance OF
e. NJ. Duncan of Maryland, who
served as a major in the engineel
CORDS on construction duty at Fort
Leavenworth. Camp Humphreys anu
Camp Lee. He said he had sat on
probably thousand courts martial
and vigorously attacked the attitude
of officers as not human in dealing
with disciplinary matters. Part OF
this was due, he said, to the feeling
that "the old man." the post or divis-
ion commander insisted upon severe
penalties, .
General Chamberlain disclosed thai
at the outbreak of the war Secretary
Baker ordered that every complaint
received by the inspector general b
Investigated, and said his office wen'
carefully into charges made even IN
I-At