Evening star., 1949-03-07
.Forresta| and Advise
Urge Uniform Code
For Military Justice
By the Associotsd Press

By the Associated Press
Secretary of Defense Forrestal
and a Harvard law professor to-
day urged Congress to adopt a
uniform code of military justice
for all the armed forces.
They testified before the House
Armed Services Committee in sup
port of a bill which would give
the Nation its first blanket code
to cover the Army. Navy, Air
Force, Marines and Coast Guard.
Mr.. Forrestal told the commit
tee he believes the proposed code
lis the nearest possible approach"
to proper accommodation be-
tween the melting out of justice
and the performance of military
operations"
Morgan Explains Program.
Edmund M. Morgan. member of
the Harvard University Law Fac
ulty and chairman OF a board
appointed by Mr.. Forrestal to
uIdW up Vic COOc, odlo.
I'VE have tried to prevent courts
martial from being an instru-
mentality and agency to express
the will of the commander.
ITO make the action of courts
martial and the procedure for re-
view free from his influence. We
have set UP an impartial judge
for the court martial. made 1t
mandatory that lawyers represent
the parties in general court
martial cases. required the COM
mander to consult before and
after trial with his staff judge
advocate or law specialist. anc
prohibited him from either CEN
suring or reprimanding the court"
Would Set Up New Standards.
The new core, he said. would set
up standard procedures for all
services and give them the same
basic law. 1t also would be pos
sible, he added. for a civilian
lawyer to conduct any case in
volving military personnel.
The code combines into 140 Sec
tions the Army's 121 Articles OF
War and the 76 Articles for Gov
ernment of the Navy.
The new code would make two
major changes in the administra-
ton of military justice.
First, it would set up a three
member civilian judicial coun-
Gil" which would have appeal
Jurisdiction over all major cases,
and could reverse decisions by
military review boards. The coun-
Gil would not. however. replace
the present authorities Of the
Secretaries of the Army. Navy and
Air Force, and Of the President,
to exercise clemency in cases in
volving the death sentence.
The council would consist OF
lawyers appointed by the Presi-
dent for indefinite terms. Their
salary would be $17.500 a year.
the same as for judges on the
United States Court of Appeals
Local Authority to Be Boosted.
The other respect in which the
code would materially change
present procedure is that the au-
thority of local commanding Of
fcers to punish minor infractions
without a trial would be greatly
increased.
Commanding officers would have
authority to remove privileges for
two weeks. instead of one as at
present; to restrict man to his
quarters or a limited area for two
weeks instead Of one. and to as
sign two hours of extra duty daily
for two weeks. Army comanders
now can assign any number OF
hours of extra duty. but only for
one week.
Local commanders could con-
fine men in the brig, or stockade,
for a week. The Navy has this
authority now, but the Army does
not.
Commanders also could SEN
tence men to five days on bread
and water, as Navy officers can do
now. The Army has no such pro-
vision.
Both officers and enlisted men
would be subject to this nom
judicial punishment. Only en-
listed men are subject to 1t now,
and officers can be tried only by
a general court martial.
Differences in language and
policy, one committee staff man
said, produced great variations in
penalties during the war. The
Army and Air Force carried out
the death penalty in 141 cases
during the war, while the Navy
commuted all death sentences to
life Imprisonment.