Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-04-17
COURTS MARTIAL.
REFORM OPPOSED
Gems. Wood, Scott and Chamber
lain Say Proposed Plan Would
Tend to Weaken Discipline

Washington, April 16-Three majo
Generals of the regular army Leonard
Wood and Hugh l.. Scott, trctireD, for
ner chiefs of the general staff and each
of whom trained and commanded divi-
sions during the war, and John L.. Cham
berlain. inspector-general.o opposed to-day
before the American Bar Association COM
mite inqulring into the subject of mill
tary 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 propos-
al of Lieutenant Colonel Samuel 7. Il. An
sell, then acting general f1nal jursdc-
ton of these cases.
The three officers heard to-day by the
committee were in agreement that the
proposed change would impair the disci-
plinary system although all of them saw
defects in existing laws or regulations
which should be remedied. To meet COM
plants as to excessive sentences the Off
GERS were of the opinion that the presi-
dent should be authorized by law to nix
maximum penalties in war times as well
as in peace.
But whatever is done" General Wood
declared. don't give us any possibility
of a Harry Thaw case in the army.
Give us a simple direct process. we
don't want the haggliug over technicalities
of civil court cases"
General Chamberlain shared this view
as opposed to the suggestion that the
military legal system should be put en-
tirely under army military authorities.
He opposed the suggestion that 1t be
made mandatory that trained legal Off
GERS preside over courts.
General Scott was positive in his asser-
ton that control of discipline was an
essential function of command.
The weakening Of discipline in the
Russian army" said General Scott. who
was a member of the Root mission to
Russia. destroyed Russia
While probably 10 per cent. of the
cases brought 10 trial during the war
never should have reached IL court mar
tial stage. General Wood said it was
the ineXperience of officers. their lack
of the habit of command" and the
failure of the human element that could
not be reached by law which caused
this situation.
THE fundamental defect in our
court martial procedure he said. lis
not in the machinery but in the fail
ure to carry out it's operations"
General Wood urged that more care
full scrutiny should be given to cases
before they were brought to trial
particularly by division or depart
ment commanders; that greater use be
made of the many disciplinary meas
ures not involving legal proceeding:
at the disposal of commanders; tina
competent counsel be assigned for al
prisoners to protect their rights ant
that Judge advocates Of courts incline
toward the French system in which
the legal officer merely presents the
case and does not take on the char
acter of Il prosecuting officer.
The tendency of courts martial al
three generals contended was TOWARD
protection of the accused. Genera
Wood said this was followed through
out the whole military justice system
that the government was an imper
sonal agent and if there was error il
final action it was almost certain L
be on the side of the accused.