The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-02-20
ANSELL SAYS BAKER
OPPOSED REFORMS
Generals Insistence on Review
Of .COurts-martial Caused
His Removal.
Special DespafcA TO TIE suN.

WASHINGTON, Feb. 1s.--The lid came
on the inside story of the workings Of
military Justice and the War Depart
ment's persistent opposition to reforms
IN that direction when Representative
Burnett (Ala.) read in the House to-
day letter. from Gen. Ansell. acting
Judge Advocate-Gen of the Army.
Gen. Ansell. in reply to criticism of his
policy by Representative Burnett some
days ago, contends that since March II,
when he came to the head NJ the Office. he
had worked for reforms. but. had met
with nothing but opposition from the
Secretary OF War down, and had been
removed from charge of the administra-
tion of military law because Of his In
sistence that findings of courts-martial
be subject to review as to the character
OF evidence and Interpretation of law in
volved
In one case when all other means had
failed he gave tho facts to a Congress-
man to be placed before the President,
he said. because his superiors had re-
fused to consider his verbal and written
protests in the case.
At Outbreak of War.
AT the outbreak of the war" said
Gen. Ansell. the state Of the law was as
the department had for years construed
1t. that the judgment of court martial
once approved by the officer in the field
appointing l.. was final and unmodifi-
able that no matter how gross and pref
JUDICIAL ana palpable the errors of law in
the proceedings as shown upon the face
of the record there was no power in the
department or elsewhere to modify re-
verse or set the Judgment aside.
This was the crux OF the difficulty.
There was no authority whatever with
power to correct prejudicial errors OF
law. II this we're true then indeed as
was said by those in the department
who have opposed me during this agita-
ton, is a military camp the fittest field
of application OF the military code the
camp commanders will become the touch
stone OF legality there can be no such
thing as established legal control over
courts martial and courts martial pro-
ceedings; no means of correcting their
judgments however unlawful and how
ever unjust"
Following an investigation in Novem-
Der, 1917, Gen. Ansell said he fled an
opinion finding that the power of review
had been conferred on the Judge Advo-
cate General Of the Army by virtue OF
1899 Revised Statutes.
Proceeded to Revise Judgments.
81 Immediately proceeded to revise
courts martial judgments and on the
first day under the opinion set aside
several sentences on the ground Of their
illegality," said the General. He also
took steps to establish a court Of re-
vision In the once.
II was then that Provost Marshal Gen.
eral Crowder filed an opinion in opposi-
ton with the Secretary Of War. holding
there was no such power Of revision. the
Secretary agreeing with him ":or the
time being at least" as did also the
Acting Chief Of Staff and the Inspector
General of the Army.
''Thereupon," Gen. Ansell added. 81
was relieved Of my duties In connection
with the administration Of military JUS
tice and these were taken over by the
Judge Advocate General in person.
Therefore from the middle OF November.
1917. to the middle OF July. 1918. was
not charged with any duty OF RESPONSE
bility in connection with the administra-
ton OF military Justice nor was con-
suited either by the Secretary OF War
or the Judge Advocate General upon
matters affecting the administration Of
military Justice"
Gen. Ansell said that following a
study abroad he filed a report showing
how France. italy and England deal
reached ws tss secrstsfy of war,
Last September, after insistent
he said. power was
established in the acting Judge Advocate
General in France to make rulings on
matters of the administration of military
Justice in our own forces in France
which would control all commanding
Generals until overruled by the Secre-
tary of War. This is now being opposed
by tho commanding General A. e. r.
and my own action and propriety in pro-
curing the issue Of this order Is being
subjected TO question"