New Britain herald., 1925-12-18
LA GUARDIA ASKS
 SENTENCE GIVEN
 MITCHELL BE CUT
Penalty Imposed by Court Is Suspension From Duty, Pay,
 Etc., for Five Years
TRIAL OFFICERS SAY
 PENALTY IS LENIENT

ishment--Prcsident Must Ratfy
 Finding-FrIcuds Now Grooming
 Army officer To Run For Con cess
 Washington, Dec. IT P)-The first congressional echo of the court mar tial conviction of Colonel Mitchell of the air service took the form to- day of bill by Representative La Guardia, socialist, New York, greatly to curtail the authority of courts martial in pronouncing sentence on those convicted Of violation of the ninety-siXth article of war
 Under the measure thirty days suspension from the army would be the maximum penalty for violation of that article, under which Colonel Mitchell was convicted.
 Up To the Court The present statute leaves the punishment to "the discretion of the , court" In the case of Colonel Mitchell the penalty was five years suspension.
 Since the Mitchell verdict is not complete and effective until approv- ed by President Coolidge, the limita- ton proposed by MT. La Guardia presumably would apply to that case if the proposal became law before the president acted.
 The ninety-siXth article of war Is the general article providing for punishment of uncnumeratcd of lenses against military regulations '' His Friends Rally The friends and defenders of Col. | Mitchell set out today to discredit the methods and oyerturn the yer diet of the general court martial which yesterday stripped the air crusader of rank and pay for per iod of five years,
 1 Representative Prank p, Reid, oI i Illinois, who was the Colonel's chici counsel du ing his long trial for in' .subordination, charged openly that l the court martial proceedings haC not followed ordinary rules of pro cedure, but that at the very begin ming the word had been passed down to get Mitchell"
 "The general staff" Mir. Reid said i "grabbed at the long sought Oppor- tunity of prosecuting Mitchell, in terror of the new step which the ad- vansing truth was about to take, 1 This everybody now knows.
 "If he was tried, it was because they wished it, not because he did anything to the prejudice of good or der and military discipline.
 "1t is they alone who made the 1 president and the secretary of war their tools"
 Another Proposal Another proposal which will como before President Coolidge, who must approve or disapprove the findings of the court martial, cOntempato' reduction of the suspension scnt"uC, 10 two years, to expire at the time , Colonel Mitchell becomes eligible tol voluntary retirement from the army 1 This feature of the situation l: surrounded by many legal technical lilies. There is some doubt whether the years of officers under suSpcn. sion can be counted in fixing the time of his retirement, If also i' discretionary with the prrsiden whether an application for voluniar! retirement would be granted or rc fused, and the army's legal authori ties are not willing to pass on thu legality of an actual resignation from the army during a period 0 suspension.
 Colonel Mitchell is not disclosing his plans except to renew his deter imitation 10 secure greater ali service. Through his counsel, Rep roscntative Reid, he told the Countr today that the fight would not In interrupted by the verdict of tn court.