New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-01-04
Bar Plans Bic
Reform, i'm US.
Military Law
American Association Puts
Subject OF Its Next Pro.
gramme for Consideration
Calls the Penalties Harsh
Unworthy of Name OF Jus.
tice." President Gage SAYS
in Making Announcement

Administration of military Justice il
the United States army will be one q,
the subjects considered at the annual
meeting CT the American Bar Assoc.
alton. he executive committee of The
association. at a meeting here vester.
day, decided it was a subject wh,cs
required consideration ard probablr
some reformation"
In making the announcement Pros.
dent George T. Page. Of Peoria. m
gave out statement III which he Dc.
cared that the war has demonstrated
that our military laws and our svs.
tenn of administering military justic,
are unworthy Of the name Of law Or
justice"
The United States. he SAID. still was
following rules copied from England
IN l77i, but which were abandoned
long ago by Great Britain and which
were better suited "to the armies o.
feudal times than to the citizen
armies Of modern republic"
Outrageous Punshmcnts
MY interest in this matter was
aroused some time ego he said. INV
stories Of the outrageous punishmen,s
melted out by our courts martial for
comparatively slight breaches of mill.
tary discipline. Punishments are not;
only grossly harsh, as compared With
the penalties imposed for like offences
by our criminal courts, but they also
offer 50 widely that VIC find me sana
offence punished in ono court martial
by twenty-five years in the peniteuti-
airy and in another by six months
punishment in disciplinary barracks.
"A boy overstaying his leave, or
Welding to Il natural impulse to "a
home for Christmas is charged not
with absence without leave but with
dcsertion.
Disobediencc Called alutiny
"Disobedience OF orders Is seen pv 4
Jealous officer as mutiny. In neither
case is there present the intent to de-
sert or 10 mutlny against the authority
of the army, but boys have been con.
Victed of the graver crimes and sen
fenced TO as much as twenty FIVE years
Imprisonment.
"rhc accused soldier has no resi-
legal protection. lie may. it is true
obtain a pardon, but this leaves his
record blotted by d serious crime. O.
which he ought never to have been
accused.
The negro soldiers convicted Of
shooting up Texas town were exc
cuted within few hours after they
were convicted and before there was an
opportunity for review OF the record
Of the trial.
In Accord With Regulations
"A group of n-commissioned Of
tlcers, after being ordered under arrest
by young officer, were accused Of
mutlny because they refused in body
to do drill duty while under arrest.
heir position was IN accordance with
army regulations. Nevertheless they
were court martialled for mutiny aud
sentences banging from fifteen 70
twenty-five years were imposed
II hese cases are extreme instances.
hut they are typical CT thousands in
which the will OF the commanding Of.
ilcer has been substituted for law and
Justice III the punishment. of nililars
offenders.
The maintenance of military Dis
clpline does not require this harsh
and aroitrerV procedure The French
;-rmy Is model of discipline. hut an
accused soldier has fhc protection od
the law thrown around MN al esers
stage Of his trial
speaks of "Prussian Methods"
That soldier in ou1 army shou
rave less lecai protection ctaleues
tne atteGilon of tho LAWYERS Of tA'|
country. Tho American reopic ac1sfI
viii stand Tor Prussian methods. gro
III discipllning the army"
a Supplementafy statement 50
made by Frederick T. Nadhams, Of
Albany, treasurer Of the sociation
There IS TO reason why the sol
der accused of crime should MOI hs,s|
the protection of law as well As the|
man in civil life he said. at is nal
necessary to delay or Interfere wtrl
military justice. but it Is essential Il
we arc to have a democratic armsI
that justice be done to the accused
soldier within the law and according
W ne orderly processes OF the law.
The executive committee of the
Bar Association could do no more II
advance of the annual meeting of the
association than TO declare its inter
est in the matter and express tht
hope that action viii be taken h,
Congress TO remedy existing evils"
Members Of the executive committe,
include Mr.. Page, MrsW adams, " IL
ter George Smith, Philadelphia; Ashle.
Cockrell, Little Rock. Ark; I. A. Hand
mond, Atlanta, Ga: Charles T. Terrk
New York; t. f. Trabue. LouisVilk /
Thomas h: Reynolds, Kansas Csty. As.l
and Paul Rowland, Cleveland.