The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-10-29
COURT RULES
0FFENSE WAS
COMMITTED
Decision Applied to Spcciiica-
tion Concerning Mitchell's
First Statement
OTHER NOTIONS MADE
Counsel Then Moves All
Charges BE Stricken For
Lack of Investigation
OTHER NOTIONS MADE
FAILS TO HALT PROCEEDINGS

FAILS To HALT PROCEEDINGS
Washington. Oct. 29.-LF)-Col VIM.
Mitchell failed today in two attcmpS
TO halt the court martial proceedings
against him.
The court ovcrrulcd succcssivcly an
objection to its juris liction and a,
exception to the form in which the
case was prepared.
An adverse ruling on the second
point was brought in by the court late
today. it being held that although the
court martial charges did not con-
form in all respects to existing rcsu-
lations, they could not be adjudgcd
void because they had been instigated
by the president as commander-in-
chief of the army and navy.
Washington, Oct. 29.-LP-Coloncl
VIM. Mitchells plea of immunity
from military trial on the charges
pending against him was overruled
today in the general court martial
proceedings against him.
The courts law officer ruled that
when Colonel Mitchell charged war
and navy department officials with
"criminul' and "almost reasonable"
conduct in administering the air ser
vices, he committed an offense against
military discipline, and could not
take refuge from punishment in the
constitutional guarantee Of free
speech, as he had sought to do.
Court Approved
This opinion, the effect of which
was merely to sustain the jurisdiction
Of the court and make it possible to
proceed with the trial. was approved
by the court itself after Il short CON
sultation in secret.
The law officer. Col. Blanton Win
ship, gave his opinion after the court.
the prosecution and the defense, had
agreed to leave the point to him. but
in rendering his decision he asked
that specific court approval be given.
The ruling applied specifically only
to that specification in the charges
which applied to Col. Mitchell's first
statement criticising the conduct of
the air services, but it was in the ma
ture of a test, and one by one the
court then proceeded in rapid order
to overrule Mitchells objections to
its right to try him on the remaining
counts.
Moves All BE Stricken
Representative Reid of Illinois.
counsel for Colonel Mitchell, then
moved that all the charges be strick
en- out. He said the courts record
failed to show that the commanding
officer accused had ordered the
charges against the defendant inves
tigated or had, himself, investigated
the charges, rs required by cour.-
martial regulations.
"lf Col. Mitchell had been guilty
of any otfcnse," Mr.. Reid said. ut
should have been charged by his COM
hat Na Iny
General Ernest Kinds, in charge Of
the eighth corps area at San Antonio.
The record does not show that Cen
eral Kinds, or BrIgader General
Rockcnbach, commanding the district
of Washington. thought any crime
had been committed.
where, then. does this strange
power come from that stretches out
over these two commands? 1t does
not come from the officer under
whom Colonel Mitchell served in
Texas or in whose jurisdiction he is
ut present"
Col Sherman Morcland, for the
prosecution, replied that it was not
required under the court martial re-
gulations that either General Kinds
or General Rockenbach actually bring
the charges.
A presidentia1 Court"
"This is presidential court" said
Colonel Moreland.
There is no requirement, that the
regulations shall be carried out cx-
plicitly, so long as the substance is
there"
The charges are signed by an Off
Ger in the judge advocate generals
office at the war department. and
Col Moreland said the president had
designated that officer to act as ac-
cuser, "as he has right to do as
commander in chief of the Army and
Navy
The reference to the "presidential
court" brought Mr.. Reid to his feet.
"I hate to think this is Il case
where necessity knows no law he
said. "What strange power is this
we are facing? This is an abnormal
case. indeed.
You don't mean to tell me that the
president himself had these charges
prepared? The trial officer doesn't
know what he says unless my ears
have deceived me. The president
didn't make these charges
No Right To Bring Charge
The defense attorney declared that
in any event he knew of no provi-
sion of the court martial regulations
that gives the president Or the
judge advocate general right to
bring charges
In the midst Of the discussion the
court recessed for luncheon, to re-
sumo again at 2 p. M.