Evening star., 1940-10-26
Drum-Head Courts
'AMyth in America,
SaysCo|. Munson
None Ever Was Held
In U. S., Military Law
Audience Is Told

There is nothing in the system OF
courts martial for the Army which
is hard-boiled, and the rights of SOL
diers are guarded as jealousy in
cases in the military service as in
the civil courts. Col F. Granville
Munson, of the Judge Advoca re
Generals Office of the United States
Army said last night at the fourth
in series of lectures on military law
being given at the law school Of the
Catholic University
Rear Admiral Walter B Woodson
Judge Advocate General of the Navy
who presided, also exploded an idea
that the military services held
drum head" courts martial where
verdictS were handed down with
out granting any rights to the ac-
cused. He added that there was
nothing more important that law
faculty could do today than to dis
abuse the minds of the public that
such practices prevailed in the serv-
ices. Particularly is this so, he said
where hundreds of thousands OF
young men are facing military serv-
ice under the selective service law.
Questions to Be Answered
The Rev. DR.. Robert J. White
dean of the law school, announced
that questions on military law would
be answered at the next lecture OF
the series Tuesday night. The series
will close with a round-table discus
sion of all aspects of military Law
/ next Friday night at Mcmahon Hal
on the university campus.
| Col. MunSOn pointed out thai
courts martial sometimes are called
courts of honor. He pointed ou'
that where it is not a violation
of law for a civilian to refuse tc
/ tip his hat to lady, nevertheless:
a court martial could try an Officer
for such dereliction.
In military law, he said, there i!
nc such thing as a felony or mis-.
demeanor, and he added that civi
and military courts have concur.
lent jurisdiction in some cases. HI
said the court whose jurisdiction
first attaches may hold jurisdiction
until a final decision.
No Drum Head Courts.
He explained that drum-heaC
courts martial gained their name
/ from the fact that they were helc
in the field, using the head of 6
drum for a desk, and that sum.
mary justice was supposed to be
meted out. He pointed out thai
they are not sanctioned under tht
military laws Of this government
and so far as he could determine
/ there never had been one in thu
history of the Nation.
While the articles of war provide
that the accused, when convicted
shall suffer such punishment as &
cort-martial may direct, never.
theless there are specific limitation
laid down for certain offenses. Fo
! instance, he said. not even a court
martial could imprison a man TO
Is years for being drunk. Their,
are times. he said, when a MAJ
might commit breach of the artl
cles Of war and still not be con
vlcted. He cited the case of a mai
who deserted from the Navy durinj
the World War and then joined tn
Army because he wanted to get int
action. He was killed in action
Consideration of this case, he said
resulted in the passage of a Law
which provided that if a man de
serted in order to enter anothe
branch Of the service in order t,
get into action he should be granite,
an honorable discharge dating from
the time of his desertion.
For convictions, Col. Munson ex
planned, it requires two-thirds o
the votes of the members of tn
court present at time of voting.
requires the affirmative vote of al
members of the court where th
death penalty is mandatory.