Evening star., 1919-05-11

The extremely amusing opinion Of
the Attorney General that the viola
ton of the United States statutes in
sending private matter through the
! mails under official frank is all right
If an official interested in sending the
private matter for personal propagan-
da indicates that it is his belief that
the publication will be useful. deserves
a place in the classics-at least, in the
"Mikado." 1t fairly scintillates with
the brilliancy of it's wit and the adroit-
ness of it's suggestion-suggestio
for one hesitates to call a conclusion
that which is not borne from the
premises. But whatever word it may
be called by. the expression. that in
the interest of the War Department"
this private letter may be scattered
broadcast at government expense,
raises a question of whether the
writer of the letter and chief of the
cised good taste and good faith.
1t has become small matter
whether this letter was published
except as an instance of abuse OF
privilege, if not of the letter of the
law; We cleverness Of the opin-
bureau for the dissemination of use
full information" The more emphatf-
cally public attention is directed to the
real issue, even though that was not
the intention or fear of the director
of the bureau, the greater becomes the
usefulness to the public of the course
which he has taken. That issue is
sharp. distinct and cannot be befogged
or obscured. 1t Is, whether or not the
system for the administration of mill
tary justice in force during the con-
duct of the great war is archaic,
clumsy and not conducive to the ad-
ministration of fair and impartial
justfce-whether or not the revision OF
1916, the code in force, was a COM
plete and radical revision OF the former
system, which concededly STOOD IN neeo
of thorough revision.
Mai. Gen. Crowder's statement on
that point. since it was he who pre-
pared the revision, ought to pe use
full to the department in reachlns
conclusion. He stated when ms
the Senate military committee: III
Congress enacts this revision the
service will not be cognizant or any
material change In the procedure, anu
courts will function the same as mere
tofore. The revision Will make cell
tain a great deal that has been read
into the existing code construction.
The new code made not single
Fundamental change; and contains not
a definition of any of the military OF
fenses which it mentions, ana pre-
scribes not a penalty for any OF the
codes violations. Under such condl-
tions and with no provision in the ex-
listing law by which the accused mas
the privilege of skilled counsel or tne
right of peremptory challenge OF
members Of the courtmart1al board.
it is incomprehensible that the bar
association committee will not recon-
mend a. revision Of the present cooe.
But the reformation Of existing evils
must come from Congress. The sena-
tors are demanding such revision:
and it is certain that the Secretary OF
War will, from his sense OF oustlce
and for the sake Of his department.,
insist that the administration of mill
tary Justice be placed upon firm
and fair foundation. Hence it seems
that, although there may be sharp
differences of opinion as to detaiis.
with all persons insisting upon the
same general end. with the whole
Army returning from camp to homes
and from France to America, there
should be reached common end-a
military code founded on q sense OF
Justice, which, in turn. Is the founda-
ton of military discipline.
X X X X
A serious condition confronts the
Army in the loss from it's numbers OF
pnanv Off