Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-10-29
MITCHELL DENIES
| MILITARY 0FFENSE
Declares Acts Did Not Con.
Stitute Violation of 96th
& Article of War.

Challenging the jurisdiction of the
general court martial to try him on
charges of violating the ninety -siXt h
article of war, Col William Mitchell
yesterday afternoon declared through
counsel that he had committed no of
Tense against any military or civil
law; said he was entitled to free speech
under the Constitution and pointed
to President Coolidge's Naval Academy
graduation address, III which the mid
Shipmen were urged to give the fullest
expression of their views to the public
Col. Mitchell's famous San Antonio
statements of September to 9, on
which the War Departments charges
are based. contained nothing like a
charge of criminal neglect incom-
potency or faulty administration of
aviation that was directed against
an individual, Representative Frank
r. Reid of Illinois, defense counsel
argued. Instead, they applied wholly
TO an intangible thing such as the
War and Navy Departments and 10
the system of national defense adj
miniStrauon that prevailed. Mr.. Reid
declared soldiers retained conStitu-
tional rights and named Is privileges
which he said could not be denied
them during tenure of service either
in the Army or Navy. Chief among
these rights was that of freedom of
speech.
Given FULLEST Latitude"
President Coolidge told the Naval
Academy graduates at Annapolis last
June, Mr. Reid said, that they were
given the fullest latitude in eX-
pressing Cheir views before their fell
low citizens, subject, of course, to
the requirements of not betraying
1hCse confidential affairs which
would be detrimental to the service"
He quoted directly from the Presi-
dents remarks:
1T seems to me perfectly proper
for any one upon any suitable occa-
sion TO advocate the maintenance
of the Navy in keeping with the
greatness and dignity OF our
country.
Then, Mr.. Reid gave his interpre-
tation OF the Presidents language,
declaring that Col. Mitchell had not
betrayed confidential affairs of the
Government; had not spoken to the
(etriment of the service he repre-
scented, and had asserted himself In
a way that was entirely In Keeping
with the greatness and dignity of
our country"
Basing his plea on the question of
jurisdiction, Mr.. Reid told the court
the offense as charged against Col.
Mitchell had not been named, de
fined or created by the law of mill
tary discipline, any executive or
Army order, the articles Of war or
the Constitution or laws of the
United States"
Limits Definitely Fixed.
Every time the trainers of the Con
etitution or Congress intended to take
away any of the rights of soldier,
he said, they either specifically put 1t
into the Constitution. as in the NTH
amendment, or in the form OF con-
gressional enactment, as the creation
OF military tribunals and passage or
the Articles of War.
1T is a well recognized principle of
law that a privilege exists as to the
discussion of public questions affect
ing the country and the conduct OF
public officials. The question before
US now seems to be:
rs a soldier still a citiZen?'
Aviation was classed by Mr.. Reld
as a vital public question: To show
the widespread interest in aeronau-
tics, he said, s433,3S3,2S7 Of the tax
PAYERS money had been spent in its
development during the years 1920 to
1924. Casualties in the Army Air
Service from the beginning of 1924 to
July, 1925, totaled 484. about one a
day"
In this connection he introduced an
other address made by President Cool
idge. He read short quotation from
the Presidents inaugural address,
which said:
1.-The collection of any taxes which
are not absolutely required which do
not, beyond reasonable doubt, con-
tribute to the public welfare. is only a
species of legalized larceny"
Just before the court adjourned for
the day Col. Moreland asked If the de-
Tense had concluded it's pleading. Mr..
Reid replied in the negative, adding
that he would plead further "at the
eDDronriate time"