Evening star., 1925-11-04
PRECEDENT broken
IN MITCHELL TRIAL
Veteran Service Men Amazed
at LiberaIity of Board
Trying Air Colonel.
BY ROBERT T. SMALL.

Army and Navy officers stationed in
Washington have been amazed at the
llberality and tolerance of the martial
court which is trying Col. William
Mitchell of the Air Service. They say
the court is setting extraordinary
precedents for the future conduct of
military cases.
Ordinarily in military law there
would be no inquiry whatsoever into
the truth or falsity of the statements
made by Col. Mitchell. The only ques-
ton would be as to whether or not his
conduct and attitude were insubordi-
nate and his language disrespectful to
higher officers and officials of the Gov
ernment. That the court should per-
NIT the defense at this time to go far
afield and virtually to try" the War
and Navy Departments, as well as
the Department of Agriculture and
the postal service, has shaken mill
tary tradition in the Capital to the
very foundations.
Against All Precedent.
True or false, the Army and Navy
in the past ehave brooked neither dis
respectful conduct nor language. That
a military court now should permit
an accused officer to go at great
length into the question as to whether
or not the United States Government
has been in Unreasonable" hands is
pronounced by the higher officers Of
the Army as against all stated mill
tary practice. The Mitchell court. they
say, is leaning SO far backward it may
yet fall on the nape of it's neck. -
There is no question but that the
Mitchell court has been long suffering.
and Gen. Bob" Howe, the president,
has stated it is prepared to stand
still more. Representative Frank
Reid, civilian counsel for Col. Mitchell
has taken liberties with the court
which have caused old military men
in the ramshackle courtroom to
stiffen in their places, ready for the
bareback. But the court has not re-
taliated in kind. Mr. Reid has made
statement after statement which in
language and in tone have conveyed
his contempt for the entire proceed
lnSs. In the past courts martial have
been quick to resent even the sugges-
ton of slur upon their dignity.
No Word of Protest.
OF course, the proceedings are be-
ing held in the shadow of the dome
of the Capitol, and Mr.. Reid is a
member of Congress. Military Off
GERS have been SO roughly handled at
times by congressional committees
that perhaps they have come to ex-
pect that sort of thing even when
member of the National Legislature
merely is acting as attorney for an
accused officer. No word of resent
ment has come from the court over
the obstructive tactics which already
have prolonged the trial and which
promise 10 carry it well into the
Winter
AT the War Department today il
was said that the effort 10 create a
sensation" out of the fact that Presi-
dent Coolidge has been held I'D as
both accuser and final judge in the
Mitchell case must fall of it's own
weight because nominally the Presi-
dent is accuSer in all court martial
cases and also the reviewing author
ity in every case involving punish
ment or lack of punishment Presi-
dents repeatedly have chided courts
martial for returning verdicts of not
guilty when it has seemed to them
a case was truly made against the
defendant.
Every important act in the Army.
the Navy and the Marine Corps is
done by direction or authority of the
President. No general court-martial
is called without his consideration and
sanction. The Secretary of War and
the Secretary of the Navy are merely
the hands" of the President. They
express his authority. Slurs cast upon
the conduct of the Army and the
Navy therefore are in effect slurs
upon the President.
Copyright 1920