Detroit evening times., 1946-01-25
FAIR
ENOUGH
BY Westbrook
PegIer

MI ilA T. V En- lIlt OulIOIIle OF
w the Pearl Harbor case, and
il is so darkly confused by poll
tics that clear judgment viii be
for many years, the
brutal cynicism of the kangaroo
court held by Justice Owen Rob-
ert of the Supreme Court, TO
accommodate President Roose-
welt. will be established beyond
doubt.
Thi irregular body arbi-
trariiy condemned Adm. Kim
mel and Gen. Short after an
inquiry in Which they wsrs
given false and dishonsn as-
suroness that, they wers not
on trial.
Denied counsel, forbidden
TO present witnesses or cross
examine their aceusers, denied
sUen statement of charges
against them. they nsUerthe-
less Wers found guilty Of
dersiiction Of duty and, for
four years, lived under
cloud and in a state Of hu.
initiation.
During this time they wsre
forbidden to speak publicly in
their defense and Dere denied
formal trials on specific
charges. Had they broken ST
ience they could have been
tried for that and dismisssd
from the serUics with for
feiture Of their pensions as
additional punishmsnt and
Without any diseussion Of their
guilt or innocence in the
Pearl Harbor disaster.
TIIE facts developed by the
Il belated Investigations show
that, if these men were remiss
AT all. they were much less neg
ligent than some superiorS in
Washington who. nevertheless.
continued 70 serve in the war
and accumulated rank and
honorS.
They show, further, that the
Roberts Commission was Just
an artificial device. hurriedly
assembled. not 10 capture the
truth ore il should vanish in
the confusion OF war. but 10 So
lcct victims for a sacrifice and
distract public attention from
the failure Of others
President Roosevelts directive
10 the Roberts Commission
pointedlv excluded himself, Cor
dell Hull and Frank Knox from
the scope of the inquiry by re-
Stricting It's interest 10 failures
Of men in the army and navy.
That Justice ~ the SUI
preme Court should accept
the mission under restraints
so obviously intended To place
beyond question the conduct
Of responsible civilians which
plainly was subject To ques-
tion was deeply diSquieting.
That this Justice and y
group of generals and admi-
rails should then fiout the
fundamental rights which
both our civil and military law
guarantees all defendants. IL
an equally sordid manifesto
tion 81 the morality which
WAS introduced in the gold
clause case and reached it,
most defiant expression In
the deliberate swindIe OF FL
liott Roosevelt's creditors nv
solely his fathers arrange
ment.
Obviously this case will never
he pushed 10 conclusion. II
Gen. George Marshall was
guilty NJ neglect, bad Judgment
or dercliCtion his great service
As chief Of staff his admirable
character and patriotism and his
further sacrifice and perform
ance in China. when he would
have retired IN rest we'll
earned Will preclude his trial on
charges
ROOSEVELT and Knox are
IL gone and so historians will
pass varying judgments on
them influenced and confused
hy the political bias Of the data.
Even Japan will receive the
benefit Of the proven fact that,
in the Atlantic. American war
ships were shooting at the Ger
mans without declaration "
war and the revelation that Mr.
Roosevelt contemplated the cap
ture Of the Azores. hy a surprise
attack, from Portugal which
never did enter the war.
II appears that the reasons
for the abandonment Of This
plan were not legal or moral but
political and that the original
intention was 10 strike a peace
ful world-neiChbor without
warning, even as the JapS did
at Pearl Harhor.
Already kimreI and Short
haze been Vindicated BY serU-
ice inquiries. This Was a mega
tue WcS 81 -Ss'ers;ay eour1s- b..
martial Which might haUs ob-
soiUed them on the facts but
might have established the
failure of Others.
Good faith has been lack
ing throughout. politics and
spite haze been strongly i'm
fuegtioI in oil the proeeedinRs
and the reputation OF the
higher ranks Of the services
for serupuiou. honor, at Vhot-
eUer sacrifice. hos suHersd.
loss not only to the services
but to the nation as a UhoIe.