Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-03-01
MILITARY PUNISHMENTS

The man who has become a member Of the armed
forces of the country. whether naval or military. stand.
in a different relation to the country and its laws from
that sustained by the private citizen. BY the fact of his
induction into army or navy he has accepted duties and
obligations in addition to those which were his while he
the civilian possesses. He must obey the orders of ohic-
es who have no jurisdiction over civilians. and he may
be punished for the commission Of acts which, as a civil.
ian, he could perform with impunity. Still further, the
same act may have different character, and entail diff
ferent consequences, according to the circumstances
under which the soldier commits it. The ofense which
may be regarded as trivial, if committed in time of peace,
or in a camp distant from the enemy, may become a cap.
ital onense If committed in the presence of the Ae.
All Of this must be given it's proper weight in any
consideration of the matter Of military punishments
Nevertheless, when all proper weight is given to the
need for the maintenance of discipline, it appears that
there has been a good deal of muddling in the handling
of onenses against the military law during the war
which We are now trying to wind UP. Men have been
given long prison terms for infractions of the regulations
which it would require a great stretch of the magma
ton to magnify into grave orenses. and in the enforce
ment Of discipline there has been both inequality and
injustice. Il
One partial explanation for this is found in an ar
ticle in the New York World, in which it is set forth that
we are now doing business under articles Of war more
AAo~A d SASuAy oHu' dA@lSAS WHICH framed &c nee
entirely different conditions, which were adopted at a
time when entirely different ideals prevailed, and which,
while they have been amended in some detail, have never
been subjected to a comprehensive revision. When
those articles Of war were adopted. the British and
French regulations were substantially like them. But
both of these have long since been revised, and as they
exist now are fairly modern and up-to-date.
Our regulations are SO framed that wide latitude is
given to the whims and prejudices of minor officers in
making complaints and conducting trials. Soldiers may
be placed on trial before it has been ascertained that
the charge involves an actual oHense against the law.
The whole system is such that for even the most trivial
offenses men can be and have been subjected to the pun
ishment Of felons. These facts have been brought out in
a recent congressional inquiry, as has also the fact that
the war department has thought it necessary to recon-
mend material reduction in sentence in several thousand
cases. #
1t seems that there is needed just now a sort OF
program for the review Of all military SEN
|tences. and the immediate pardon of all persons now
serving sentences for trihing misdemeanors, with the ad-
justment Of other sentences on an equitable basis. There
is needed further a revision Of our military law which
will bring it into accord with enlightened thought and
modern practice.