The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-21

rather lightly that after an II N but
q simple question OF furnishing the
facts. for whom they are furnished 1
am positive that they will contain the
most ample re<ssuranoes.'
"On March 10 you were oSfrd 10 any
deficiencies in tho existing system: as
indeed the evidence abundantiy shows
you have been deaf throughout the war
to complaints about the injustice Of
this system, complaints which should at
least have challenged your earnest at
tention rather than provoked your I'M
disguised irritation. But as you say
you did propose certain legislation to
the committees which they did not see
At to recommend for enactment and
which very fortunately did not become
law.
IT can hardly believe that that bill
prepared by the Judge Advocate Gem
ersl OF the army and submitted by you
was bona hde effort to reform the
existing system, and the slightest con-
alteration Of the bill will show that
had It been enacted into law II would
have made the system even more re-
dictionary II possible than II 10 now. I
can hardly believe that this was a
bona flds effort at reform because you
already had had an opportunity to es-
tsblish In your department q legitimate
and necessary revisory power over and
supervision OF courts-martial procedure.
Gen. AnseIl was at that time acting
Judge Advocate General Of the army
and his opinions were entitled to be re-
spected as such. and IN all other matters
they were SO respected.
Crowder's Overriding Opinion.
EN- order to keep courts-martial pro-
oedure within Just and legal limitations
he wrote an Office opinion In which he
clearly demonstrated that this power OF
supervision was to be found in existing
law and in that opinion all the officers
Of the Department. among whom were
many most distinguished lawyers from
civil life, concurred. And yet in order
that that opinion might be over
ruled and that you might rely upon the
theory that you were entirely without
power you either ordered or permitted
Cen Crowder himself. who was not at
that time connected with the office, to
return thereto and write for you an
over-ulfns opinion which you approved
and in doing so voluntarily denied that
It was your right and duty under exist
ing law to supervise the system.
You approved the opinion of the
Judge Advocate General, which was to
the effect that this supervisory power
did not exist and furthermore ought not
to exist inasmuch as the law military
is the kind of law that should be left
to be executed at the will Of the camp
commander. II you had really desired
to establish a legitimate legal super
vision of courts-martial you could have
done so simply by approving the opinion
Of the Acting Judge Advocate General
which was not a personal opinion but
was an office opinion which in ordinary
course OF administra alton would have
been adopted.
Advised as to the proper thing to do
by your officer and having been shown
by him the way to do Il. you declined
to do so upon some slight legal techni-
cality. This is evidence TO me that you
did not desire to do so.
Gen. AnselI Elbowed Aside.
You suppianted the ofioer who had
seen At to call to your attention at the
| beginning of the war tho necessity OF
keeping the strictest supervision over
| court-martial procedure by an officer
who contended that such supervision was
not necessary and that such supervision
would derogate from the power Of the
commanding officer and destroy disci.
pline.
You elbowed aside the one officer
who even then had the courage to con-
/, denim the system and the provision to
point out It's terrible results-Gen
Ansell--and took into the bosom of your
confidence a trio of men who are pro-
nounced reactionaries-Gen Crowder
tho then acting Chief of Stan and the
| Inspector Goneral-the last named OF
whom Is even this day engaged by youI
| order in a so-called Investigation de
| signed in my judgment TO destroy the
| man who exposed the injustice Of the
present system.
You accepted those views. But in
order that any future responsibility
might be shifted from your shoulders
to Congress you presented a bill which
even IL you did not your advisers did
| know could not be passed. Your ad-
visers did not wish any modification OF
the existing system They and you de-
clined to accept the views OF the acting
Judge Acknowledgement that would