The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-10-29
WHAT MITCHELL
FACES AT TRIAL
Army Court Martial Dates
Way Back to Time of
Caesars in Rome.
MAY HAVE COUNSEL


Washington. - When Col. William
B.. Mitchell let loose his deunnciation
of the way the army air service is
being run, he automatically involved
himself in the clutches of the most
venerable, most antiquated judicial
system outside of China-the United
States, army court martial.
First of all, Americas army court
martial system is modelled after the
one that was in force in the British
army at the time of the Revolution
airy war.
The Continental army had no rules
of it's own, and Congress hastily
adopted the rules of the British army,
word for word, in the emergency.
Notifications Slight.
After peace was signed these ar
ticles were modified somewhat, but to
no great extent. There has been lit
tie change of any great Importance
since then, despite slight revisions
by Congress just before and just after
the World war.
These British articles, in turn, had
been made over from the regulations
which governed the legions of the
Caesars. The blood-curdling severity
with which the staggering legion
naires had been kept in place was
modified, of course, but only modi-
fed; for British in those days had
an army that needed hard-boiled off,
GERS and lots of two-fsted discipline
to keep it in order.
"Discipline-NOt Justice"
The result Of all of this is summed
up in remark made by high army
officer just after the war, when Con-
gress instituted an investigation into
reports of high-handed procedure by
army courts martial. This officer re-
marked, when asked if justice did
not occasionally suffer under the
arnly's strict system:
Perhaps it does. The main pur-
pose of the court martial, however, is
to provide discipline, not to insure
justice"
And no one has ever complained
that it failed of this purpose.
The findings of general court
martial are passed on by the presi-
dent, if he so desires, before they
can become effective.
Unrestricted Power.
He has the power to do anything
with them he sees fit--pardon the
offender, reduce his sentence, or order
new trial. If he does not choose to
review the case the courts decision
is final, save for possible action by
the judge advocate general
How does the court martial work !?
Figures show that in SO per cent of
the cases tried convictions result.
Only 5 per cent of these findings are
wholly disapproved by higher author
ity, and but 8 per cent are partially
disapproved. One and one-half per
cent of the sentences imposed are re-
mitted.
army is the judge Of law as well as
of fact. 1t conducts his trial as it
pleases, answerable to no one. In the
majority of cases the statute pro-
vides that the penalty shall be left to
the discretion of the court.
One Improvement.
One of the recent improvements
made in the court marital system is
permission for the accused man to
have civilian counsel if he wants to.
This charge came because OCCASION
ally an officer assigned to defend a
man refused to do more than go
through the motions. Col. Mitchell
will have civilian lawyer-R Repre-
sentative Frank Reid of Illinois-in
addition to his army counsel, Col. Her.
bert A. White.
The stage is set. Col. Mitchell,
when found guilty, can be given a
punishment ranging from a reprimand
to dismissal from service.
But at least there are no surprises
in store for him. For he knew what
courts martial were like before he
dared the army to give him one.