The Washington times., 1920-03-07
army COURTS |
7. FIGHT IS NEAR.
Cong. Johnson Plans Attack on
Present System, Which He
Terms "Atrocious."

Inc nEht r0IOffnc inc
oourts-martial system will be renew
ed In the House this week. when
Congressman Royal c. Johnson, Re-
publican. OF South Dakota. viii at
tempt TO put through the bill or
WHICH he and Senator Chamberlain
are Joint authors as an amendment TO
the army reorganization bill.
Mr.. Johnson has written a letter TO
Every member OF the House asking
him to support this move. He expects
some one opposed to courts-martini
reform" will make a point Of order
against the amendment. and IL Is Ike
" that the Chair will sustain the
point Of order.
An appeal from the ruling of the
Chair then will be taken, and IL Is on
he appeal that Mr.. Johnson seeks
support OF the members of the House.
Found GIsrinx InJustiocs.
The glazing injustices TO Unlisted
men under the existing courts martial
system were discovered by The Con-
gresham during his service with the
American army in France. The agi-
tation for reforms following the ar
mistics developed the famous contro-
versy between Acting Judge Advocate
General Ansell on the ono side and
Judge Advocate General Crowder and
Secretary Baker on the otneI. De-
spairing OF securing needed changes
by the War Department, General An
sell. who In the meantime hal been
denoted to the rank OF lieutenant COL
onel, resigned that he might aeep up
the night as a citizen.
III there were any other way IN
which II had been, Is now, or will be,
possible to secure consideration OF
any courts-martiai legislation" said
Mr.. johnson, mo such appeal would
= b. taken. but II is manifestly inpos-
sible."
LexisIation Impossible.
Opposition by the War Department
and certain members Of the House
Military Affairs Committee, he
charges, has made 1t impossible to
obtain even a hearing on the lcgis-
lation. Mr.. johnson continues:
"Since December, 1918. many House
members have tried in every possible
way to secure consideration of such
a law from the Military Committee
and have attempted to secure hear
ings on some proposed law, but have
met with stubborn and peremptory
opposition from the War Department
and others. 1 personally appeared
before that committee about ten
months ago and was informed that
hearings would be held. but none
were ever held.
The army reorganization bill is a
bill referring practically to Officers
alone and many of us feel that 1t
is about time that some legislation
affecting the ordinary soldier should
be considered, 1t is peculiar that
time can be found to- consider and re-
port 50 many bills making generals
Of high rank but not to consider a,
bill affecting military Justice. .~. y
Present System Atrocious.
THE existing courts-martial sSs-
tenn is atrocious to the Prussian de-
gree. 1t subjects every man in the
army to the within, caprice. or ILL
will OF any officer. This terrible ma
chine reaches out and puts It's talons
every year upon more than 10 per
cent of all the men in the army Any
officer may prefer a charge at will
against any enlisted man.
'Ninety-two per cent OF all charges
preferred are tried. and SO per cent
of all men tried are convicted after
a trial that would be farce were II
not a tragedy for its victim. This
system does not deisn to grade of.
lenses, but applies the harshest
penalties without discrimination. The
records show that for all offenses, in
GLIDING the most trivial, the average
sentence TO ConHnement was upward
OF seven years"
The basic principle OF the Johnson
Chamberlain bill, IL is claimed, is that
il supersedes personal military power
over military justice by public law.
According to Mr.. Johnson, the pro-
posed legislation establishes courts
martial as courts whose functions are
inherently judicial and must be judi
cially exercised independently Of
military command. other features
claimed for the measure are:
Makes for Fair Trial
THAT IL establishes essential
Guarantees of fair trials and pro-
vides. sanction for them; defines the
offense, penalty, and procedures: pre-
vents a hasty resort to punitive
methods, stays the hand OF an arbi-
trary commander, and requires that
military power be exercised consider
ately and advisedly.
Sets up the principle that mill
tary authority itself is subject to the
demands of justice and prescribes
rules for the regulation OF discipline
that are beyond the power OF modifi-
cation, by the War Department and
the army, which are to administer
them.
3-Abolishes star chamber methods
OF procedure and makes all court
martial records accessible to the &C
cused and to his counsel
4-Raquires thorough investi CATION
before any charge is referred or for
warded for trial, prevents the trial
of trivial charges and compels a re-
sort to inferior courts rather than to