Bulletin No. 15 October, 1953 The Judge Advocate

Published By JUDGE AD,'OCATES ASSOCIATION An affiliated organization of the American Bar Association, composed of lawyers of all components of the A1·my, Navy, and Air Force

312 Denrike Building W ashiugton 5 , D. C. J UDGE ADVOCATES ASSOCIATION Officer s :for 1953-1954 JOSEPH F . 0 'CONNELL, Massachusetts President GORDON SIMPSON, Texas 1st Vice Preside1J.t ROBERT E. QurxN, Rhode Island 2nd Vice President THOMAS H. Krnn, District of Columbia .. Secretar'lj EowARD B. BEALE, Maryland . Treasurer JOHN RITCHIE, III, Wisconsin . Delegate to .A. B. A.

Direc tors Nicholas E. Allen, Md.; Louis F. Alyea, Ill.; Joseph A. Avery, Va.; George W. Bains, Ala.; Oliver P. B<'nnett, Iowa; Ralph G. Boyd, Mass.; E . M. Brannon, D. C. ; Paul W. Brosman, La.; Robert G. Burke, N. Y.; Charles L. Decker, Va.; Reginald Field, Va. ; Osmer C. Fitts, Vt.; Edward F . Gallagher, D. C.; George H. Hafer, Pa.; Reginald C. Harmon, D. C.; Edward F. Huber, X. Y.; William J. Hughes, D. C.; Arthur Levitt, N . Y.; Ira H. Nunn, D. C.; Alexander Pirnie, N. Y.; Allen W. Rigsby, Nebr.; Fred Wade, Tenn.; Frederick Bernays Wiener, D. C.; S. B. D. Wood, Hawaii; Milton Zacharias, Kans. Executive Secretary and Editor RICHARD H . LOVE Washington, D. C.

Bulletin No. 15 October, 1953

Publication Notice The views expressed in 1nticles printed herein are not to be regarded as those of the Judge Advocates Association or its officers and directors or of the editor unless e:xp.ressly so stated.

TABLE OF CONTENTS

P AGE Safeguarding the Rights of American Servicemen Abr oad 1 The Annual :Meeting 8 The Teaching of Military Law in a University Law School.. 15 Picture of Seventh Annual Dinner 18 Military Law Publications 26 What the Members Are Doing 29 Supplement to Directory of :Members, .July, 1953 32

Published by the Judge Advocates As~ociation, an affiliated organization of the American Bar Association, composed of lawyers of all components of the Army, Navy, and Air Force.

31~ Denrike Builrling, Wasl1ington fi, D. C. - ST<:rling 3-5858 SAFEGUARDING THE RIGHTS OF AMERICAN SERVICE~IEN ABROAD STATEMENT OF SENATOR JOUN W. BRICKER Before the Jud~e Advocates Association­ Boston, Massachusetts, August 25th, 1953 It is a real pleasure for me to address As a result, it will be difficult, if not the Judge Advocates Association. Many impossible, to protect the fundamental of you bear direct and daily responsi­ rights of American servicemen abroad. bility for administering fairly our system Many of them are no longer assured a of military justice. mtimate responsi­ trial by their fellow Americans in ac­ bility is vested by the Constitution in the cordance with our concepts of legal due Congress. Our mutual problem is simply process. Nevertheless, we must do the this-to assure every American service· best we can to protect them. That i11 man a standard of justice comparable the problem I want to explore with you to that enjoyed by his civilian brother. tonight. The rights of American servicemen First, let us consider the forces abroad 8tationed in the United States are well over which American service courts are protected. You and I can point with exercising exclusive criminal jurisdiction. pride to their protection. Congress has That is the situation in Korea and in provided them with the world's best code some other countries even though no of military justice--a code that guaran­ binding status of forces agreement tees the accused far more rights than exists. The jurisdiction of our service civilians possess in most other countries. courts is recognized by generally ac­ From judge advocates of the Armed cepted principles of international law. Forces and from the Court of Military In the Schooner Exchange decided in Appeals, American servicemen have re­ 1812, Chief Justice John Marshall gave ceived enlightened and sympathetic in­ the traditional rule of international law terpretation of the Code. Inevitably, its most authoritative expression. Fifty any system of justice, civil or military, years later, the Supreme Court was able develops faults and inequities. As these to say: develop, however, you and the Congress can take immediate corrective action. "It is well settled that a foreign army permitted to march through a friendly Thousands of American servicemen country, or to be stationed in it, by per­ stationed abroad are not so fortunate. mission of its government or sovereign, On July 15th of this year, the Senate is exempt from the civil and criminal approved the NATO Status of Forces jurisdiction of the place . . . '' (Cole­ Treaty. The treaty surrenders to the man v. Tennesse~, 97 U. S. 509, 515). local courts of NATO countries and Col. Archibald King, who has served Japan criminal jurisdiction over non­ for many years with distinction in the military offenses of American armed Judge Advocate General's o:tfice of the · forcee personnel, civilian components and Army, traced the development of this their dependents. rule of international law in two articles 1 2 The Judge Advocate Journal published in the American Journal of agreement, an express agreement is de­ International Law. He proved that prior sirable. If circumstances permit, the to 1946, with rare exceptions, no mem­ agreement should be made before the ber of an American armed force was force is stationed abroad. Then there ever tried by a foreign court. Col. King can be no misunderstanding. An express also proved beyond any reasonable doubt agreement is alslJ helpful in stating the that most other nations of the world de­ conditions under which local authorities manded and received exclusive jurisdic­ agree to assist our service courts. tion over offenses committed by mem­ I do not regard this suggestion as con­ bers of their armed forces abroad. trary to United States foreign policy. Recognizing this traditional rule of In approving the NATO Status of Forces international law, Congress made the Treaty, the Senate did so with the under­ Uniform Code of Military Justice ap­ standing that it was not to be regarded plicable to the armed forces wherever as a precedent. they might be stationed. As late as 1951 There is no reason to mince words we :find in the U. S. Courts-Martial about a treaty of such grave import. To Manual a restatement of the rule of in­ put it bluntly, the American GI was ternational law declared by John Mar­ sacrificed on the altar of international shall more than a century ago. cooperation. There were mitigating cir­ Where the jurisdiction of our service cumstances, to be sure. The previous courts has not been surrendered by treaty, Administration had made secret illegal we must work to preserve it. The job executive agreements under which Ameri­ is not an easy one. Erroneous argu­ can servicemen were already being turned ments used by the Administration to win over for trial in local foreign courts. approval of the NATO Status of Forces The treaty was said to be an improve­ Agreement will return to haunt us. For ment on the existing practice. Had it example, it was claimed that under in­ not been confronted with an illegally ternational law, and in the absence of accomplished fact, the new Administra­ any agreement, the host country may tion might not have urged approval of exercise exclusive jurisdiction over of­ the treaty. fenses of friendly foreign forces, includ­ Secondly, you can help maintain the ing offenses of a purely military nature. jurisdiction of your service courts by I certainly need not spell out for this maintaining the jurisdiction of friendly audience the crippling effect of such a foreign service courts. One argument rule on military operations and dis­ for the Status of Forces Treaty was that cipline. Federal and State courts would acquire What can you do to help f First, you jurisdiction over foreign forces in the can recommend that a status of forces United States. That is pure chauvinism. agreement be made with every country Those forces are the symbol of their where American troops are stationed sovereign. If we trust those forces to recognizing the exclusive criminal juris­ the extent of inviting them into the diction of our service courts. Even United States, then we should trust them though such jurisdiction is recognized by to punish violators of our laws. Inter­ international law in the absence of any national cooperation is a two-way street. The Judge Advocate Joumal 3

We cannot with good grace assert juris· cedure is similar to our own. American diction over foreign forces here without servicemen will receive a fair trial in surrendering control over our troops their courts. abroad. First, judge advocates have a duty to Third, judge advocates of the armed see that the terms of the NATO Status forces have an important public rela· pf Forces Treaty are scrupulously ob· tions job abroad. As Kipling pointed served. The treaty provides that the ac· out, barracks do not make men plaster cused shall have certain rights such as a saints. Offenses will be committed. No prompt and speedy trial. Should any of decent person wants the American sol­ you hear of any treaty violation, I hope dier abroad to violate local laws with you will not hesitate to bring it to Con· impunity. The Communists have had gress' attention. some success in convincing the local Secondly, you should bring to the at· population that the American soldier can tention of Congress any information in­ violate local law and escape punishment. dicating, by our standards, a denial of That erroneous impression could be dis· due process of law. Many rights recog· solved by publicizing widely the verdict nized in the Uniform Code of Military of courts-martial involving non-military Justice are not guaranteed by the treaty. offenses. The treaty is silent on presumption of Finally, judge advocates have an im· innocence, privilege against self-incrim· portant public relations job to do at ination, protection against cruel and un­ home. Too many Americans associate usual punishment, and many other trial by court-martial with Star Cham· fundamental rights. ber procedure. Many are not aware of Third, judge advocates should try to recent improvements in military justice. obtain a waiver of jurisdiction for every That may explain why the NATO forces American serviceman in foreign custody. agreement did not arouse more opposi· In approving the NATO Status of Forces tion. It was encouraging, however, to Treaty the Senate adopted a statement have the support of so many who were of intent to that effect. It provides that familiar with American military justice the co=anding officer shall examine the and with foreign criminal procedure. A laws of the foreign country, and, if they number of judge advocates pointed out do not contain the safeguards applicable the inherent difficulties in the concurrent to armed forces personnel in the United jurisdiction of military and foreign States, he shall negotiate for the release civilian authorities. Scores of officers of any American servicemen held for and men directly affected by the treaty trial. Anyone with the slightest knowl­ protested. The Veterans of Foreign edge of foreign law knows that it does Wars passed a resolution urging repu­ not add up to the safeguard!! found in diation of the treaty. the Constitution and laws of the United What can be done to protect armed States. Therefore, if the Senate's state­ forces personnel in the NATO countries ment of intent means anything, it means and Japan where exclusive criminal juris­ that commanding officers and judge ad­ diction has been surrendered! I exclude vocates are expected to work for the re· from my subsequent remarks Great lease of every member of the armed Britain and Canada. Their criminal pro· forces in the custody of the local au­ ' The Judge Advocate Journal thorities. Moreover, President Eisen­ wise, an American boy may some day be hower expects it. In a letter to the Sen­ sentenced to death in the court of a Com­ ate during the debate on the treaty, he munist judge. That would be the end said: of NATO. "I can certainly appreciate the con­ The NATO Status of Forces Treaty, in cern of those who fear that these agree­ the words of the State Department's ments might subject American soldiers Legal Adviser, is based on this con­ overseas to systems of criminal justice foreign to our own traditions. I do not clusion: share such fears, however, because of the "Individuals wearing our uniform and many years' experience I have had in part of our military force do not have command of American troops overseas. sov:ereign immunity ... Immunity is re­ That experience convinces me that our stricted to those which the receiving state friends abroad will continue to cooperate, chooses ... to give immunity to, such as they have in the past, in turning over as Ambassadors, and so forth.'' those charged with offenses against their laws to our own military courts for When the President of the United trial.'' States visits a foreign country, he is My fourth recommendation is that not amenable to its laws. He is the every officer concerned with military jus­ symbol of our sovereignty. Our diplo­ tice in the NATO countries and Japan matic representatives abroad enjoy the make an exceptional effort to explain it same immunity. I think the American to local authorities and to residents of soldier abroad is an even more impres­ the community. Local authorities should sive symbol of American sovereignty. be consulted on crime prevention. The He, unlike the diplomatic representative, end result might be a waiver of local is stationed abroad involuntarily; for the criminal jurisdiction in all cases. I purpose of defending foreign soil; and doubt that our NATO friends have an with little chance of escaping unharmed overwhelming desire to try American in the event of attack. I shall never servicemen. After all, trials cost money. vote for any treaty that treats him as So does confinement in a penal institu­ a second-class symbol of American tion. In addition, military and diplo­ sovereignty. matic inquiry and intervention is time­ When an American soldier is sent to consuming and expensive for all con­ a NATO country, he is followed by the cerned. finest equipment that the industrial Finally, every judge advocate in the genius of this nation can provide for his NATO countries and Japan should ex­ protection. Coca-Cola, American ciga­ amine not only the laws of those coun­ rettes, and all the other products of our tries, but also the actual practice. Some land follow him abroad. The flag follows constitutions and laws read beautifully, him. And I shall not stop fighting until but are given only lip service. For ex­ the Constitution and laws of the United ample, a Communist judge or one who States, which he risks his life to defend, is violently anti-American cannot be follow him wherever he may be sent. trusted to give an American boy a fair Many people ask me what effect my trial. The territorial jurisdiction of any proposed constitutional amendment to such judge should be declared off-limits limit the treaty-making power would for all armed forces personnel. Other­ have on such treaties as the one I have The Judge Advocate Journal 5

been discussing. The answer is that it how remote the interest of the litigant. would have no effect. Senate Joint Reso­ As I have said, the NATO Status of lution 1 would not change the legal effect Forces Treaty might be declared uncon­ of treaties that do not become internal stitutional under that provision. Al­ law. though I opposed the treaty, I would ob­ The most curious development in this ject to its judicial invalidation. The treaty amendment debate has been the United States must speak internationally introduction of an Administration sub­ with a single voice which must necessarily stitute for S. J. Res. 1. The President be that of the President. Our fight to has given it his ''unqualified support.'' protect American soldiers abroad must It is quite probable, however, that the be waged, not in the courtroom, but on substitute proposal would invalidate the the political front. Status of Forces Treaty. Let me ex­ The Administration substitute for plain how that could come about. S. J. Res. 1 might permit judicial re­ Both S. J. Res. 1 and the substitute view of the Korean armistice agreement. provide that a treaty or executive agree­ The fact that the Supreme Court would ment in conflict with the Constitution no doubt uphold the agreement is beside shall be of no force or effect. That is the point. To dispose of the case, the a warning to the President and the Sen­ Court would have to interpret the dis­ ate to make no treaty in conflict with puted provision. That interpretation the Constitution even though it relates might well differ from that of the Presi­ solely to the Nation's external affairs. dent and other parties to the armistice. The Status of Forces Agreement is a I will not accept any compromise pro­ good example. It conflicts with the Con­ posal that would shift vital foreign af­ stitution. However, S. J. Res. 1 does fairs responsibilities to the Supreme not bring international questions of a Court. political nature within the ambit of ju­ The heart of my proposed constitu­ dicial review. Under S. J. Res. 1, the tional amendment is in Section 2 which validity of the NATO Status of Forces provides: Treaty could not be challenged in a court of law. ''A treaty shall become effective as Unlike S. J. Res. 1, the Administration internal law in the United States only through legislation which would be valid substitute contains this additional lan­ in the absence of treaty.'' guage: "The judicial power of the United I do not have time now to answer all States shall extend to all cases, in law of the misrepresentations leveled against or equity, in which it is claimed that the that section. They all boil down to the conflict described in this amendment is allegation that the United States would present.'' be only partially sovereign if the Fed­ If that language is more than a mean­ eral government could not acquire by ingless restatement of Article III of the treaty, power denied to it by the Con­ Constitution, it means that the Supreme· stitution in the absence of treaty. The Court would be compelled to review non­ fact is that my amendment would place domestic, political questions arising out the United States in the same position of international agreements no matter as Canada. Our great and good neigh­ 6 The Judge Advocate Joumal bor to the north is not an isolationist in Missouri v. Holland. But the Privy state, nor is she unable to participate Council held otherwise. It declared the e1fectively in the solution of international legislation invalid on the ground that problems. the Dominion could not, "merely by In Canada, a treaty does not become making promises to foreign countries, · domestic law except through legislation clothe itself with legislative authority by the national or provincial parliaments. inconsistent with the constitution which That was settled by the Privy Council gave it birth." The gist of the Privy in a case decided in 1937. S. J. Res. 1 Council's decision is found in this state­ would establish the same rule for the ment: United States. "It must not be thought that the re­ In Canada v. Attorney-General for On­ sult of this decision is that Canada is tario, the Privy Council considered three incompetent to legislate in performance. 11tatntes of the Parliament of Canada of treaty obligations. In totality of dealing with minimum wages, maximum legislative powers, Dominion and Pro­ vincial together, she is fully equipped. hours, and weekly rest in industrial un­ But the legislative powers remain dis­ dertakings. The statutes were passed to tributed •.. (When) Canada incurs ob­ implement three International Labor Or­ ligations they must •.. when they deal ganization conventions ratified by Can­ with Provincial classes of subjects, be dealt with • . . by cooperation between ada. Incidentally, there are more thaII the Dominion and the Provinces. While 100 other ILO conventions. Many of the ship of state now sails on larger ven­ them deal with such burning interna­ tures and into foreign waters she still tional issues as the time that must be retains the watertight compartments which are an essential part of her orig­ allowed for working mothers to nurse inal structure. " their babies at the factory. The issue in the Privy Council case The American ship of state is also was whether or not the Parliament of sailing on larger ventures in · interna­ Canada had power to implement the tional waters. Some. of us would steer three ILO conventions. No such power a different course. Others would sail existed in the absence of treaty since farther or faster. But once the course the subject matter fell within the con­ is set we must place considerable trust stitutional authority of the Canadian in our captain, no matter what his po­ Provinces. litical faith. On our ship of state, how­ The Attorney-General of Canada ar­ ever, there is room for honest difference gued that by transfer of the treaty-mak­ of opinion. There is no room for mu­ ing power to the Dominion executive the tineers or for subversives who would correlative power to implement treaties open the sea cocks. by legislation took nothing from the Our ship of state sails today in tur­ Provinces. He contended that Canada bulent waters. The international barom­ would not be fully sovereign if Par­ eter is falling fast. Rougher weather is liament could not acquire by treaty ahead. Some passengers are panic­ legislative power which it did not pos­ stricken. They would give the captain sess in the absence of treaty. The iden­ dictatorial authority. They forget that tical line of reasoning was accepted by a solemn compact was made when the the Supreme Court of the United States ship was launched. The watertight com­ The Judge Advocate Journal 'I partments of our Federal-State struc­ STATElUENT OF ture must remain inviolate. The ship of state must forever be steered by the com­ POLICY pass of our liberties-the Constitution The Judge Advocates Association, an of the United States. affiliated organization of the American By preserving our Federal-State sys­ Bar Association, is composed of lawyers tem of limited and divided powers, by of all components of the Army, Navy, adhering to the concept that all men are and Air Force. Membership is not re· endowed by their Creator with unalien­ stricted to those who are or have been able rights, and with unswerving faith serving as judge advocates or law spe­ in God, we can make our rendezvous with cialists. the rest of humanity on a sea of peace, The Judge Advocates Association is prosperity, and liberty for all. neither a spokesman for the services nor for particular groups or proposals. n does not advocate any specific dogma or Please advi11e the headquarters of the point of view. It is a group which seeks Association of any changes in your ad· to explain to the organized bar the dis­ dress so that the records of the Asso­ ciplinary needs of the armed forces, re­ ciation may be kept -in order and so calling, as the Supreme Court has said, that you will receive all distributions that ''An Army is not a deliberative promptly. body," and at the same time seeks to explain to the non-lawyers in the armed forces that the American tradition re­ Use the Directory of Members when quires, for the citizen in uniform not less you wish local counsel in other juris· than for the citizen out of uniform, at dictions. The use of the Directory in least those minimal guarantees of fair­ this way helps the Association perform ness which go to make up the attain­ one of its functions to its membership able ideal of ''Equal justice under law.'' and will help you. You can be sure of If you are now a lawyer, if you have getting reputable and capable counsel had service in the Army, Navy or Air when you use the Directory of Members. Force or are now connected with them in any capacity, active, inactive, or retired, and if you are interested in the aims herein set forth, the Judge Advocates Your professional success, important Association solicits your membership. cases, new appointments, political suc­ cesses, office removals, and new partner­ ships are all matters of interest to the other members of the Association who want to know "What The Members Are RECENT DEATH Doing." Use the Journal to make your Stanley Howard Smith, Jr. (ETO announcements and disseminate news con­ Claims) of Providence, Rhode !eland, cerning yourself. Send to the Editor any died in Providence in July, 1953. such information that you wish to have published. THE ANNUAL MEETING

Two hundred and fifty members and dressed the group upon the subject of guests of the Association attended the "Safeguarding the Rights of American annual banquet on August 25th at the Servicemen Abroad"·* The address, First Corps Armory in Boston. Among dealing with the recently ratified NATO the distinguished guests present were Status of Forces Treaty, was directly re­ Senator John W. Bricker, of Ohio; Chief lated to the very controversial proposed Judge Robert E. Quinn and Judges Bricker Constitutional Amendment which George W. Latimer and Paul W. Bros· was the subject of much debate in the man of the United States Court of Mili· meetings of the American Bar Associa­ tary Appeals; Major General E. M. tion then in convention. Brannon, Rear Admiral Ira H. Nunn and The annual meeting convened at 4:00 Major General Reginald C. Harmon, p. m. on August 26th also in the First The Judge Advocates General of the Corps Armory. General Bennett, Presi­ Army, Navy, and Air Force; and, Major dent presided. Reports were received General William C. Harrison, The Ad­ from the United States Court of Military jutant General of the Commonwealth of Appeals and each of The Judge Advo­ Massachusetts. cates General. General Oliver P. Bennett of Mapleton, Chief Judge Robert E. Quinn, for the Iowa, President, opened the meeting with Court of Military Appeals, told the meet­ a personal greeting to the members and ing that in the past year the Court had guests present, and warmly thanked docketed about 2,500 cases and had Colonel Joseph F. O'Connell and his granted review in about 260 or 270 of committee on their excellent arrange­ those cases. He indicated that this vol­ ments. Colonel Warren Farr of the Bos­ ume represented a study of more than ton bar was then introduced as toast­ 200 records of trial a month on petition master. for review and about 25 oral hearings a Colonel Farr with dignity, learning month on cases in which review had been and humor proceeded to a grand per­ granted. Of course, the cases reviewed formance of his duties as toastmaster required not only hearing but careful in presenting the distinguished guests. reading of records, study, research and General Harrison expressed the regrets opinion writing. He advised that the of His Excellency, Governor Herter, in Court has its work under control and being unable to attend the banquet, and that there is no backlog-but he stated extended Governor Herter 's welcome to that there appears to be no diminution the members of the Association visiting of the Court's workload in sight. Judge the Commonwealth. Quinn mentioned the Committee of the Colonel Farr then introduced the senior Court appointed from the civilian bar to United States Senator from the State of Ohio, Senator John W. Bricker, who ad­ * Full text appears in this issue. 8 The Judge Advocate Journal 9 study certain problems incident to mili­ York-in time of total mobilization, tary justice, and said that the Commit­ more than a million criminal trials a year tee's Report would be filed in time for under the military judicial system must the Court's consideration in preparing be anticipated. the Court's annual report to the Congress Notwithstanding ·the overwhelmingly as required by the law. large criminal jurisdiction of the Serv­ Rear Admiral Ira H. Nunn, The Judge ices, there is, nevertheless, a lack of pub­ Advocate General of the Navy, com­ lic respect for military discipline a.nd mended the Association in its continuing military judicial processes and justice. interest in the improvement of military Admiral Nunn expressed the opinion that law and justice, and stated that because this lack of public respect was due to the the members of the Association are all fact that the general public is not con­ lawyers with a knowledge of the facts of scious of the problem of discipline and military justice, they placed it in a. justice in the military society. On the unique position to render valuable public other hand, he observed that civilian service. prosecutors are highly respected in civil­ Admiral Nunn warned that this coun­ ian society because civilians appreciate try for many years ahead will be con­ and realize the importance of the pro­ cerned with a. large amount of military tection of society from the depredation activity; that the military arts will be­ of criminals. One of the reasons the Ad­ come more and more a part of our miral a.scribed for this public apathy to­ American culture; and, accordingly, the ward the enforcement of the military work and importance of the military law­ criminal code is the fact that 82% of yer will increase. He pointed out, that military offenses arise out of absenteeism, administratively, we have a complicated a. crime for which there is no civilian and very complete system of military counterpart, and, accordingly, no civilian justice with an extremely large juris­ understanding or sympathy of its seri­ diction. The Admiral recited statistics ousness. Admiral Nunn recommended concerning the crime potential of the that the members of the Association, be­ country by age groups of the male popu­ ing respected members of the civilian so­ lation and demonstrated from those ciety, all cognizant of the military statistics that 8% of the country's over­ problem, could effectively act as a liaison all crime potential lies in the group of between the military and civilian so­ men in the armed forces and thus sub­ cieties, and should engage in a program ject to military judicial processes. The of public education and understanding of other 92 % of the nation's crime poten­ the need for discipline in the Armed tial, he observed, was divided among 48 Forces through a fair and just system of state and 49 federal jurisdictions. Upon military justice. total mobilization, at least 32% of the Major General E. M. Brannon, The country's crime potential would be in Judge Advocate General of the Army, the military service and subject to the then made the following report to the military judicial administration. Even members of the Association. now the jurisdiction of the military ju­ dicial system is equal in size to the crim­ "It is once again a pleasure for me inal jurisdiction of the State of New to meet with you and discuss briefly some 10 The Judge Advocate Journal of the activities in which we Army judge ' 'As I talk to you, the first special advocates have recently been engaged. course in Contract Termination is going Before proceeding to such discussion, forward at the School. This new course however, I take this opportunity to say has had careful preparation over a period that my office is always open to members of several months. Included with the of this fine organization whenever they other students are sixteen highly quali­ visit Washington; furthermore, I am al­ fied procurement lawyers, civilians and ways appreciative of suggestions, yes, and military, who will 'guinea pig' the criticism, leading toward the improve­ course and help us to make it better for ment of the legal work of the Army. later students. "Only about two weeks ago, the Army ''The advanced class membership of saw its splendid outgoing Chief of Staff, approximately 20 to 25 is composed of General Collins, replaced by the equally older officers selected individually on the vigorous General Ridgeway. We lawyers basis of best qualifications. in the Army are extremely fortunate in ''Continuing emphasis is placed upon having successively these two command­ that method of instruction which is uni­ ers in the top spot, for they both believe versally recognized as the most effec­ in the principle of exercising firm, tive-learn by doing. For instance, the dynamic leadership, within the frame­ number of moot courts has been increased work of law. With the world-wide de­ from two to six, and the scope of indi­ ployment of our forces today, General vidual participation in the courts has Ridgeway 's tenure of office bids fair to been greatly enlarged. Practical exer­ be no less beset with problems, and we cises are a very large part of the total hope they are all peaceful ones, than was instruction and small student seminar General Collins '. groups are used effectively. ''During the past year we appointed ''The School's Research, Planning and approximately 186 first lieutenants and Publications Division, during the past discharged about the same number. Be­ year, completed the following major cause of budgetary limitations we had projects: to atop recruiting for several months this Publication and distribution of The spring. However, we have been given a Law Officer, a handbook designed for use new quota and expect to appoint about by law officers of general courts-martial 200 during this fiscal year. While there and presidents of special courts. may be some reduction I do not expect any substantial change in the strength Compiled and published a new pocket of the Corps during the year. part to the 1951 Manual for Courta­ Martial. The pocket part annotates each "Since our need for new personnel has paragraph and the appendices of The been quite modest, competition has been Manual for Courts-Martial. Decisions keen and we have gotten the very cream of the federal courts, The Court of Mili­ of the recent law school graduates. tary Appeals, Boards of Review, and After going through the regular course those of my office are included. of The Judge Advocate General's School in Charlottesville, these young men make The JAG Chronicle, of course, was excellent judge advocates and their work published weekly throughout the year. has been highly satisfactory. This training bulletin is the principal vehicle we have for transmitting quickly "As you all know, The Judge Advo­ to the field decisions and other current cate General's School is divided into two matters of interest in the field of military departments, the Academic Department law. and the Special Projects Department. Since 1 July 1952 the Academic Depart­ ''Going now to the non-resident ment has conducted four cycles of the schools division, we are providing train­ regular course of 12 weeks and has grad­ ing to over 1300 non-resident military uated 359 students. Nineteen students personnel who, by and large, are reserve were graduated from the advanced officers not on active duty. During the course which lasts thirty weeks. past year, the School has accomplished The Judge Advocate Joumal 11

the following with respect to this non­ "Accordingly, the three Judge Advo­ resident instruction: cates General and the General Counsel of the Treasury Department recently J AGC branch departments of USAR formed a working committee to draft rec­ schools increased from 31 to 54 with an ommended changes to the Code. As you enrollment of about 500 reserve officers. know, the Code requires us, in collabora­ Prepared instructional material for the tion with the Judges of The Court of USAR schools program covering the full Military Appeals, to present annually to three-year basic course and the winter the Congress our recommendations for phase of the first year of the advanced amendments. The committee, with repre­ class, a total of 444 instructional hours. sentatives from the Army, Navy, Air Enrollment in the extension school in­ Force and Coast Guard, had sessions for creased by approximately 300 students­ several weeks and finally unanimously from 500 to 800 as of 1 August this year. agreed on some ten or twelve recom­ ''I might observe that this is quite a mended changes and, as might be ex­ jump from the time the school took this pected, failed to agree on several other work over in 1950, when we had 54 ex­ changes proposed by one or more of the tension course enrollees and a few scat­ services. tered training units that had to devise ''The committee's recommendations their own training programs. I should are now being studied by the Judges of also note that plans have already crys­ The Court of Military Appeals. We hope tallized for 12 years of reserve training that needed changes may be effected dur­ which will parallel the basic and ad­ ing the next session of the Congress. vanced courses at the School, together ''I will not discuss the contemplated with the course at the Command and changes in detail, but should add that General Staff College. several of them have as an objective the Completed the preparation of three streamlining of the trial and appellate new extension courses and published four processes. For example, it is proposed new special texts. that a general court-martial may, if an Conducted a one-week conference (27 accused requests and the convening au­ July through 1 August) at Charlottes­ thority approves, be composed of one ville to train reserve officer-instructors of officer only, a law officer. Also, it is USAR schools. Forty-four of our USAR proposed that accused who have pleaded schools were represented. Also present guilty will have their records examined at this conference was a liaison man from and :finally approved by The Judge Ad­ each Army staff judge advocate office vocate General without the necessity of who had been oriented from 'A to referring such eases to a Board of Re­ izzard' on the reserve training program view. I think you will also be interested so that there will be a man on the spot in our proposal for so extending the to help the reserve officer take care of 'command influence' articles as to make his professional and administrative it prohibitory for staff officers as well as problems. commanding officers to censure, repri­ "We have completed two years of mand, or otherwise unlawfully influence operation under the Uniform Code of a court-martial. Military Justice and several deficiencies "Now, as to promotion. New regu­ therein have become apparent. For in­ lations provide for the permanent pro­ stance, the machinery is too slow and motion of reserve officers not on active cumbersome. There is considerable waste duty. In these regulations, distinction is motion and much more time is required made between the non-unit reserve officer to dispose of cases than under the former and the unit reserve officer. By a non­ system. There seems to be a concensus unit reserve officer is meant a mobiliza­ of opinion that the procedure can be tion designee and any other officer of much improved without taking away any the Army reserve who, actively engaged of the substantial rights of the accused in reserve matters, is not assigned to a under the Code. T/0 or T/D unit, organized for the pur­ 12 The Judge Advocate Journal pose of serving as such. Generally years active status time in grade and 19 speaking, eligibility of non-unit officers years ' constructive time (as of 1 October for promotion is dependent upon a com­ 1953). So much for the non-unit officers. bination of years' active service in grade "Now, with respect to unit reserve and total commissioned service. officers, promotions will be made to fill "For mandatory consideration for vacancies in T/0 and T/D units by se­ promotion to Captain, a non-unit reserve lection boards. These boards will be First Lieutenant must have completed convened by the Army commanders for four years of active status time in grade grades below Colonel and at the Depart­ and have a total of six years' commis­ ment of the Army level for full Colonels. sioned service; for promotion to Major, These promotions will be limited to posi­ a Captain must have completed 7 years tion vacancies. Service requirements for of active service in grade and have a unit officer promotions are as follows: total of 12 years' commissioned service; to be promoted to Lieutenant Colonel, 2 years active status time in the Majors must have completed 7 years of grade of First Lieutenant active service in the grade and have a 4 years in the case of Captains or total of 17 years' commissioned service. Majors These total commissioned service require­ 3 years in the case of Lieutenant ments are constructive in that an officer Colonels. may count his actual commissioned serv­ These unit officers need not have com­ ice or his age minus 25 whichever is to pleted any particular number of total his advantage. It is required only for years' commissioned service. Thus, the his first promotion under the new system. promotional 'log jam' is about to be "If an officer presently meets the broken. This should boost morale gen­ service requirements he must be consid­ erally. I am sorry to say that I have ered for promotion to the next higher no specific information about whether grade prior to 1 October 1953. Others any one of you may get such a boost, will be considered as they become eligible. but I wish all of you who are involved Officers mandatorily considered and the best of luck.'' found fully qualified will be promoted without regard to existence of vacancies Major General Reginald C. Harmon, in the grade concerned. Non-unit First The Judge Advocate General of the Air Lieutenants, Captains and Majors may be considered sooner than the 4, 7 and 7 Force, then proceeded to make his annual years in grade, respectively, if there are report to the Association. General Har­ overall grade structure vacancies in those mon reported the legal department of the grades. However, for the time being, Air Foree presently has a strength of promotion of these officers will be on the 325 regular officers and 2,517 reserve basis of the time in grade required for mandatory promotion. Selection boards officers of all grades, of which latter for Colonels convened by the Department number, 858 are currently on extended of the Army will be furnished the names active duty, and the other 1,659 are en­ of non-unit reserve officers who have com­ gaged in a reserve training program. Of pleted a specified number of years active status time in grade of Lieutenant the reserves not on active duty, 100 are Colonel and, if being considered for the mobilization assignees assigned to a first time under these regulations, have headquarters and engaged in on-the-job completed 19 years' total commissioned training. 434 other reserve officers be­ service (constructive). The boards will then select for promotion a specified long to voluntary air reserve training number of those officers considered to be groups which, under guidance, engage in best qualified to fill overall grade struc­ a training program, largely conducted by ture vacancies. The first such board will themselves. The other 1,125 reserve of­ be convened in September 1953. This first zone of consideration will be 8 ficers not on extended active duty are The Judge Advocate Journal 13 remaining qualified and competent to served, indicated that average sentences perform the duties of judge advocate in federal courts for particular crimes through the medium of extension were greater than those given by air courses. court-martials and that, therefore, the General Harmon reported that in coi'i­ public complaint was not justified by the nection with the administration of the record. Uniform Code of Military Justice during General Harmon admonished that the the year 31 May 1952 to 31 May 1953, fair administration of justice is not to there had been 4,062 court-martial cases be accomplished by change of statute in the Air Force sent to boards of review law. Judicial systems, he pointed out, in Washington. Of these cases, 206 were seldom fail because of statutory defi­ sent to the Court of Military Appeals, ciencies-the failures are usually caused almost entirely upon petition of the ac­ by the want of education and charity of cused. 204 of the cases sent to the Court the people running the system. of Military Appeals had been disposed Toward the end of the meeting, Presi­ of by the Court at the time of General dent Bennett called for the reading of Harmon's report, and among those, there the report of the Board of Tellers, and had been four reversals by the Court and the following were announced elected 200 affirmances. General Harmon ob­ and installed in the office as indicated: served that these figures indicated that President-Col. Joseph F. 0 'Connell, the legal department of the Air Force Massachusetts. was functioning along sound lines and, First Vice President-Col. Gordon Simp­ therefore, getting along all right with the son, Texas. Court. The General then addressed him­ Second Vice President-Capt. Robert E. self to the general civilian complaint con­ Quinn, Rhode Island. cerning the severity of military sentences. Secretary-Col. Thomas H. King, Mary­ He pointed out that in the 4,062 cases land. received in Washington for action by Treasurer-Col. Edward B. Beale, Mary­ boards of review, sentences had been re­ duced by the convening authority in 652 land. Delegate to the American Bar Asso­ cases and punitive discharges suspended ciatio'llr-Col. John Ritchie, III, Wis­ in 905 cases. Boards of review modified or disapproved 152 sentences for legal consin. reasons and granted clemency in 141 Board of Directors cases. Further, The Judge Advocate General had reduced the sentences in 13 Navy cases and suspended 52 punitive dis­ Capt. George W. Bains, Alabama. charges, and the Secretary of the Air Capt. Robert G. Burke, New York. Force in 28 other cases directed admin­ Capt. S. B. D. Wood, Hawaii. istrative discharge instead of punitive discharge. Army General Harmon then proceeded to give Brig. Gen. Ralph G. Boyd, Massachu­ comparisons between average sentences in setts. federal courts with those given by air Col. Frederick Bernays Wiener, District court-martials. The statistics, he ob­ of Columbia. 14 The Judge Advocate Joumal Col. Joseph A. Avery, Virginia. The Judge Advocates Col. Charles L. Decker, Virginia. Col. William J. Hughes, District of Association Columbia. The Judge Advocates Association is a Lt. Col. Reginald Field, Virginia. national legal society and an affiliated Col. Edward F. Huber, New York. organization of the American Bar Asso­ Col. Arthur Levitt, New York. ciation. Members of the legal profession Col. George H. Hafer, Pennsylvania. who are serving, or, who have honorably Col. Osmer C. Fitts, Vermont. served in any component of the Armed Lt. Col. Edward F. Gallagher, District Forces are eligible for membership. An­ of Columbia. nual dues are $5.00 per year, payable January 1st, and prorated quarterly for Air new applicants. Applications for mem­ Col. Paul W. Brosman, Louisiana. bership may be directed to the Associa­ Col. Allen W. Rigsby, Nebraska. tion at its national headquarters, 312 Lt. ------Col. Louis F.- A.-1.-y_e_a-,""I~li"in'ois. Denrike Building, Washington 5, D. C. Maj. Milton Zacharias, Kansas. Maj. Nicholas E. Allen, Maryland. Col. Fred Wade, Tennessee. The Journal is your magazine. If yon have any suggestions for its improve­ Gen. Bennett expressed his apprecia­ ment or for future articles, please bring tion for the opportunity of having served them to the attention of the Editor. We the Association as its President and of­ invite the members of the Association to fered special thanks to those who had make contributions of articles for pub­ assisted him with his tasks. Gen. Ben­ lication in the Journal. Publishability nett then appointed Col. George H. of any article submitted will be deter­ Hafer and Col. John Ritchie, III, as a mined by the Editor with the advice of a guard of honor to escort the newly committee of the Board of Directors com­ elected President, Col. Joseph F. O'Con­ posed of Lt. Col. Reginald Field, Col. nell, to the rostrum. Col. 0 'Connell was William J. Hughes, Jr., Col. Charles L. installed in his office and assumed the Decker, USA, Capt. George Bains, USN, chair. and Col. Louis F. Alyea, USAF. Col. 0 'Connell expressed his appre­ ciation to the membership for their con­ fidence in him and their election of him A strong Association can serve you to the high office of the Association. better. Pay your annual dues. If you In addition to the above elected Of­ are uncertain as to your dues status, ficers and Directors, the governing body write to the offices of the Association for of the Association includes General a statement. Stay active. Recommend Oliver P. Bennett and Colonel Alexander new members. Remember the Judge Ad­ Pirnie, past Presidents, and The Judge vocates Association represents the law­ Advocates General of each of the yers of all components of all the Armed Services. Forces. THE TEACHING OF MILITARY LAW IN A UNIVERSITY LA\V SCHOOL* FREDERICK BERNAYS WIENER** I Justification It is a truism that the law school cur­ tate against any effort on the part of riculum of today reflects both the in­ enthusiastic specialists to add still an­ creasing complexity and specialization of other subject. But there are, it is sub­ contemporary life and the increasing mitted, valid reasons why military law, scope of federal activity. Courses which certainly in its broader aspect of mili­ but a generation ago were esoteric elec­ tary jurisprudence generally, i.e., not tives (chosen, like as not, because half­ simply the law governing the armed year courses in the first semester eased forces,2 has at least as valid a claim somewhat the burden of preparing for upon the attention of a university law the spring examinations in the full year school as, say, admiralty or bankruptcy courses) have now become prerequisites, or insurance-and all these are still not only for the law degree, but also for staple electives, just as much today as the practice that awaits the student in the days of Harding's normalcy, upon graduation. Labor law, taxation, ad­ Coolidge's prosperity, or Hoover's de­ ministrative law, and corporate finance pression. (Possibly bankruptcy had a (with or without accounting) are ex­ amples that come readily to mind; and 2 ''Military jurisdiction is exercised of course there are others. by a belligerent occupying enemy ter­ The currently crowded curriculum, and ritory (military government); by a gov­ ernment temporarily governing the civil the disinclination of both faculty and population of a locality through its mili­ students to add a fourth year to the al­ tary forces, without the authority of ready difficult three,1 necessarily mili- written law, as necessity may require (martial law); by a government in the * Reprinted from the Journal of Legal execution of that branch of the mu­ Educati-On, Vol. 5 No. 4 pp. 475-99 by nicipal law which regulates its military permission of the publisher, The Asso­ establishment (military law); and by a ciation of American Law Schools, and government with respect to offenses the author, Col. F. B. Wiener, JAGC­ against the law of war." Manual for USAR. Col. Wiener, an outstanding au­ Courts-Martial, United States, 1951, '1[ 2 thority on military law, is a member of [hereinafter cited as MCM, 1951). the Board of Directors of the Judge The first three headings derive from Advocates Association. Chief Justice Chase's opinion in Ez **Professorial Lecturer in Law, The parte Milligan, 71 U. S. 2, 4 Wall. 2, George Washington University; member 132, 141-142, 18 L. Ed. 281 (1866); the of the District of Columbia bar. fourth was added after Ez parte Quirin, 1 As Shakespeare says in Love's Lab­ 317 U. S. 1, 63 Sup. Ct. 2, 87 L. Ed. 3 our's Lost, Act I, Scene 1: (1942), and In re Yamashita, 327 U. S. ''. . . 'tis but a three year's fast: 1, 66 Sup. Ct. 340, 90 L. Ed. 499 (1946), ''The mind shall banquet, though demonstrated that the earlier listing was the body pine. • . • ' ' incomplete. 15 16 The Judge Advocate Journal

more obvious appeal as the depression lions of his supporters who believed that, deepened.) by some painless magic, he could end the No law school, surely, will omit a fighting; and not only is the country course in criminal law, notwithstanding subject to a continuing draft law in the that the majority of its graduates will absence of a declaration of war,6 as is never practice at the criminal side of the well known, but, and this is not so gen­ bar. And, as Messrs. Karlen and Pep­ erally appreciated, the selectees released per have recently pointed out, at the peak from service remain under a continuing of the World War II mobilization, the obligation to serve in a reserve force for armed forces ' ' not only handled one­ some years following their release.7 We third of the nation's crime potential, but are, indeed, not far from the system of ... their courts handled one-third of all continuing compulsory service which in criminal cases tried in the nation, with 1914 and before served to distinguish the remaining two-thirds being divided the nations · of continental Europe on between 49 civilian systems. '' s As of the one hand from Great Britain and the today, the same authors state, ''Since United States on the other. one-ninth of the nation's crime poten· The impact on this situation of the tial is to be found in the armed forces, Uniform Code of Military Justice has one-ninth of the criminal cases can rea· produced a problem in judicial adminis­ sonably be expected to be tried by tration which is far from solved and courts-martial.'' 4 And they conclude: 5 which in certain aspects is well-nigh Since the nation seems involved in a staggering. For that Code created a continuing crisis, with most responsible real "super-legal-aid bureau," 8 the ex­ leaders agreed that the present state of tent of which will be best understood by mobilization must continue for some time to come, the conclusion seems justified eomparison with the system of criminal that military justice is the largest single law administered in the federal courts. system of criminal justice in the nation, In the federal courts, some 94 per not only in time of war, but also in time cent of the defendants plead guilty; of peace; now, and as far ahead as we can see. that is true of only about 10 per cent of Since the above was written, of course, Malenkov has replaced the dead Stalin, 6 Universal Military Training and but at this writing only the most blind Service Act, Act of June 24, 1948, 62 optimist could suppose that Soviet pres­ Stat. 604, as amended, 50 U. S. C. App. sure will decline in consequence. Hos· § 451 et seq. tilities in Korea continue; up to now All citations in this paper to the U. S. (April 1953) President Eisenhower has Code, unless otherwise specifically indi­ failed to realize the hopes of those mil­ cated, are to Supplement V to the 1946 edition. 7 Section 4(d) of the Universal Mili­ tary Training and Service Act, as s Karlen and Pepper, The Scope of amended; 50 U. S. C. App. § 454(d). Military Justice, 43 J. Crim. L., Crimin., & Police Sci. 285, 297 ( 1952). 8 Frankfurter, J., dissenting, in Uveges v. Com. of Pennsylvania, 335 U. S. 437, 4 Id. at 298. 442, 450, 69 Sup. Ct. 184, 186, 190, 93 L. 5 Ibid. Ed. 127 (1948). The Judge Advocate Journal 17 those accused before military courts.9 on top of thatf Yet whereas Chief In the federal courts, the defendant con­ Justice after Chief Justice has admon­ victed after a trial can appeal only if ished the bar not to file groundless peti­ he has the means to do so, subject to a tions for certiorari,13 a committee of a very small exception in the forma pau­ responsible bar association recently char· peris cases . ...In the military system, every acterized as ''regression'' and ''set· accused convicted after a trial and sen· back'' any provision for a waiver by a teneed to a punitive discharge or a year's military accused of his right to petition confinement or more has his ease re· the Court of Military Appeals for re· viewed as of right by a service Board view.14 And whereas, in the federal of Review, before which he is furnished courts, an equally divided vote means with appellate counsel without cost to that a criminal defendant goes to jail 15 him.lo If he loses there, he may, again or stays in jail,16 as the ease may be, with assigned counsel and without ex· Article 52 (c) of the Uniform Code of pense, petition the Court of Military Military Justice specifically provides that Appeals for a further review.11 No a tie vote on any question other than on agency is permitted to screen the ease a motion for a finding of not guilty or with a view to eliminating those peti­ on a motion relating to the accused's tions that are patently without merit; and, if review is granted, he will be rep· 13 See Address of Chief Justice Hughes resented at the argument of the appeal, at the American Law Institute Meeting, still without expense and by government­ 20 A. B. A. J. 341 (1934); address of Chief Justice Vinson before the Ameri­ provided eounsel.12 can Bar Association meeting, September In what condition would the Supreme 7, 1949, Work of the Federal Courts, 69 Court of the United States find its docket Sup. Ct. v, vi-vii (1949). if, with a similar reduction in eases dis­ 14 See the abstract of the Report of the Committee on Military Justice in posed of by pleas of guilty, there were Annual Report of the President for 1951· superimposed a system of appeals in 1952, 7 The Record of the Association of forma pauperis as of right, and a similar the Bar of the City of New York 341, series of petitions for certiorari in forma 346 (1952). 15 Marzani v. United States, 168 F, 2d pauperis as of right, regardless of merit, 133 (App. D. C. 1948), affirmed by equally divided court, 335 U. S. 895 1948), adhered to after rehearing, 336 9 For the federal :figures, see Chandler, u. s. 922 (1949). Latter-day Procedures in the Sentencing 16 Von Moltke v. United States, 189 and Treatment of Offenders in the Fed­ F. 2d 56 (6th Cir. 1951), affirmed by eral Courts, 37 Va. L. Rev. 825 (1951). equally divided court, 343 U. S. 922, 72 For the military figures and a statement Sup. Ct. 756, 96 L. Ed. 1335; U. S. ex rel, of the problem, see Hughes, Pleas of Giese v. Chamberlain, 184 F. 2d 404 (7th Gitilty-Why So Few'! The Judge Ad­ Cir. 1950), affirmed by equally divided vocate Journal, April, 1953, pp. 1-6. court, 342 U. S. 845, 72 Sup. Ct. 72, 96 10 Uniform Code of Military Justice L. Ed.-(habeas corpus to review court­ [hereinafter UCMJ] Arts. 66, 70; 50 martial conviction). For a recent dra­ U. S. C. 99 653, 657, see MCM, 1951, matic example of the civilian rule, see iiir 100, 102. In re Isserman, 345 U. S. 286, 73 Sup. Ct. 11 UCMJ Arts. 67, 70; 50 U. 8. C. §§ 676, 97 L. Ed. -, where an attorney's 654, 657; see MCM, 1951 iJi[ 101, 102. disbarment was ordered by an equally 12 Ibid. divided court. 18 The Judge Advocate Journal The Judge Advocate Journal 19 20 The Judge Advocate Journal sanity shall be a determination in favor they reflect a statesmanlike acknowledg­ of the accused.17 ment of what Charles Evans Hughes The merits-and demerits-of the Uni­ articulated in 1917 when he told the form Code will not be discussed here.18 American Bar Association that ''The Suffice to say that the problems of ad­ power to wage war is the power to wage ministering criminal justice which the war successfully.'' 21 Here again, the Code presents are problems not unworthy problem will simply be posed. It may of the brains and experience of a uni­ be suggested that the first Japanese case, versity law school. that of Hirabayashi,22 can hardly qualify Similarly, a broad course covering the as an example of war hysteria, having entire scope of military jurisdiction been handed down on the same day as raises constitutional problems which, so Schneiderman,23 which would seem more former students have indicated, are properly to exemplify a counter-hysteria neither adequately dealt with nor (speak on the march to the wrong goal-post.24 it softly) adequately understood in the It may likewise be ventured that the ordinary course on constitutional law. A best starting point for a consideration of very few examples will suffice: constitutional limitations on military First, where are the constitutional power will be found in the separate boundaries of military power! Were opinions of Frankfurter and Jackson, the decisions in the several Japanese ex­ JJ., in the Korematsu case.25 And, clusion cases 19 mere fruits of war hys­ finally, it can be stated with assurance teria, as some have contended,20 or did that, for intellectual difficulty and in­ tellectual excitement, this particular :field 17 ''. . . A tie vote on a challenge shall will hold its own with any in the curri­ disqualify the member challenged. A culum. tie vote on a motion for a finding of not guilty or on a motion relating to the Second, to what extent do the specific question of the accused's sanity shall be guarantees of the first eight Amend­ a determination against the accused. A ments apply to military trialsf This tie vote on any other question shall be a question is now (April 1953) pending determination in favor of the accused." Art. 52(c), 50 U.S. C. § 627(c). 18 For a comprehensive recent survey, 21 Hughes, War Powers Under the see the several papers comprising A Sym­ Constitution, 42 A. B. A. Rep. 232, 238 posium on Military Law, which consti­ (1917). tutes the February 1953 issue of the 22 Supra note 19. Vanderbilt Law Review (Vol. 6, No. 2). 23 Schneiderman v. United States, 320 19 Hirabayashi v. United States, 320 U. S. 118, 63 Sup. Ct. 1333, 87 L. Ed. U. S. 81, 63 Sup. Ct. 1375, 87 L. Ed. 1796 (1943). 1774 (1943); Yasui v. United States, 24 See Wiener, "Freedom for the 320 U. S. 115, 63 Sup. Ct. 1392, 87 L. Ed. Thought That We Hate"; Is it a Prin­ 1793 (1943); Korematsu v. United ciple of the Constitution? 37 A. B. A. J. States, 323 U. S. 214, 65 Sup. Ct. 193, 89 177 (1951). L. Ed. 194 (1944); Ex parte Endo, 323 As to the practice of citing one's own U. S. 283, 65 Sup. Ct. 208, 89 L. Ed. writings, cf. 2 Holmes-Laski Letters, 243 (1944). 1499 (Howe ed. 1953) s. v. Frank. 20 See, e.g., Morton Grodzins, Ameri­ 25 Korematsu v. United States, 323 cans Betrayed (1949); and, by way of U. S. 214, at 224 and 242, 65 Sup. Ct. antidote, Wiener, Book Review, 63 Harv. 193, 197-198, 205-206, 89 L. Ed. 194 L. Rev. 549 (1950). (1944). The Judge Advocate Journal 21 before the Supreme Court, though the vailing sentiment that a career in the case can be otherwise disposed of,26 military or naval service should have .•. Again, it is a question appropriate more permanence than a career in the to the level of a university law school. more traditionally political postal serv­ Third, and, as indicated, these are ice f Or does it reflect a growing realiza­ only examples-why is it that the broad tion that the Myers dissents were sounder sweep of the presidential removal power than Chief Justice Taft's post-presiden­ foreshadowed by Myers v. United tial pronouncements as to the scope of States 27 has never been applied, either the presidential power f 30 by Congress or by the Executive, to the removal of officers in the armed forcesf 28 (The Army failed to act even order of the President or by sentence of where the way was clear under the letter a general court-martial; and in time of of the law.29) Is it because of the pre­ peace no officer shall be dismissed except in pursuance of the sentence of a court­ martial or in mitigation thereof"-took place in 1918. See Sec. I, General Or­ 26 Burns v. Wilson, No. 422, October ders 17, War Dep't, 1918; and, for the Term, 1952. It would be entirely pos· sequel, Wallace v. United States, 257 sible for the Court to assume the appli­ U. S. 541, 42 Sup. Ct. 221, 66 L. Ed. 360 cability of the constitutional provisions, (1922), rehearing denied, 258 U. S. 296, and then hold, either that no violation 42 Sup. Ct. 318, 66 L. Ed. 626 (1922). was made out, or that, since the peti­ Except for the insertion of the word tioners had raised and been heard on ''general'' before ''court-martial'' in their points on direct review, they could the second clause in 1920, this provision not do so again collaterally on habeas remained in force up to the date of the corpus. Cf. Whelchel v. McDonald, 340 Code; but the late Secretary Patterson U. S. 122, 124-126, 71 Sup. Ct. 146, 147­ was positive, when he discussed it with 149, 95 L. Ed. 141 (1950). me early in 1947, that he had been ad­ vised throughout the war that the Presi­ 21 272 U. S. 52, 47 Sup. Ct. 21, 71 dent had no power to dismiss an officer L. Ed. 160 (1926). by executive action. I have more faith 28 For the legislative provisions pur­ in his recollection than in the learning porting to confer a right to review re­ of those who so advised him. movals, see Rev. Stat. 1230 (10 U. S. C. For the present provision, not differ· [1946 ed.] § 573), and Article 4, UCMJ, ent in substance but applying to all of 50 U. S. C. § 554. Note how the later the armed forces, see 50 U. S. C. § 739. provision meets some of the constitutional so See Humphrey's Ex'r v. United doubts canvassed in 1 W. W. Winthrop, States, 295 U. S. 602, 55 Sup. Ct. 869, 79 Military Law and Precedents *78 (2d L. Ed. 1611 (1935), for the :first back­ ed. 1896). tracking. It is well known that Presi­ 29 The last exercise of the presidential dent Roosevelt's removal of Commissioner removal power under the implied war­ Humphrey was based on the Myers dic­ time powers of Article of War 118 of tum, 272 U. S. 52 at 171-172, 47 Sup. 1916-"No officer shall be discharged or Ct. 21 at 43-44, that members of regu­ dismissed from the service except by latory commissions were removable. 22 The Judge Advocate Journal

II Scope

If, then, it be granted that a eourse matter, it is clear that some subjects are in military jurisprudence may elaim rec­ better suited to a university than are ognition in a university law sehool, what others. The study of philosophy is ob­ viously the perfect subject for the uni­ shall be its seopef versity method, because it consists en­ Let us go baek to what Holmes said, in tirely in asking "whyf" The purpose 1886: 81 of philosophy is to explain the nature A law sehool does not undertake to of ideas and of things and not to tell teach sueeess.•.. people what they should do about them. On the other hand the subject of cook­ ing is pre-eminently one for a technical It i11 from within the bar, not from out­ school, because cooking has not got mueh side, that I have heard the new gospel to do with general principles. It depends that learning is out of date, and that the on practical expedence and not on ab­ man for the times is no longer the thinker stract thought. This does not mean that and the scholar, but the smart man, un· cooking is not of the greatest impor­ encumbered with other artillery than the tance to the life of the countrv. Corn· latest edition of the Digest and the lat­ ing from England, where there are a est revision of the Statutes. number of excellent philosonhers but The aim of a law school should be, the very few good e.ooks, I should be the last aim of the Harvard Law School has been, to underrate the importance of the latter, not to make men smart, but to make but it still remains true that they will them wise in their calling-to start them learn more about cooking if they ap­ on a road which will lead them to the proach it in a kitchen rather than in a abode of the masters. university laboratory. So there is nothing new in the still ex­ If, therefore, the teaching of military pressed criticism that American univer­ law is to form part of the law school sities, and their law schools, are in eon· curriculum, it must not be on the narrow stant danger of approaching too closely footing of "military justice," i.e., how the trade school category. What Pro­ to try and defend a case before a eourt­ fessor Goodhart said the other day puts martial or how to review a record of the same thought in a different set­ trial. That is not to disparage in the ting: 82 slightest the excellent training afforded .•. the primary purpose of a university young officers by what may be ealled the is to train a man to think clearly and to service law schools.33 If a young lieu­ think eonstruetively. A university dif­ fers from the purely technical institu­ tenant is about to serve his tour of duty tion in its method and not in the subject at the judge advocate 's desk rather than matter with which it is eoneerned. The in a fox-hole or on board a destroyer, he university trains a man to ask ''why'' must know the Manual for Courts-Martial a thing is done, while the technical school teaches him how it is done. Although the university and the technical school 33 The Judge Advocate General's may both deal with the same subject School of the Army at Charlottesville, Va.; The School of Naval Justice at s1 The Use of Law Schools in Collected Newport, R. I.; and the Judge Advocate Legal Papers 35, 36, 39-40 (1921). General Division of the Air Command a2 Goodhart, Law and the Universi­ and Staff School at the Air University, ties, 5 J. Legal Edue. 1 (1952). Maxwell Field, Ala. The Judge Advocate Journal 23

backwards and forwards, he must know ticles of War of 1948,36 and the Uniform the rules of evidence and the latest de­ Code of Military Justice.s7 Moreover, cisions of the Court of Military Appeals, the newly enacted Armed Forces Reserve he must feel perfectly at home in the Act,38 quite apart from the internal or­ voluminous laws and regulations of his ganizational changes which it effects in own service. Unless he does, he must the several reserve components, alters in acquire his specialized knowledge through a significant aspect the consequences the more difficult process of making his flowing from the dual state and federal own mistakes; and the services have de· status of the National Guard.89 If, cided, very wisely, that this alternative therefore, a university law school con· process is too wasteful of everyone's centrates on minutiae, it will not only time. be dealing with what Holmes called ''the But of course it does not follow that small change of legal thought' ',40 it will the university law school should simi­ be issuing small change that is subject larly restrict itself to the minutiae of to early demonetization without notice. practice and the current trend of pro­ Nor does it follow that it is sufficient cedural rulings, any more than a univer· to concentrate on military law proper, sity law school course in Federal Juris­ the branch of municipal law that regu­ diction should have the same coverage lates the organization and regulation of and emphasis as a practicing law insti· the armed forces. As Professor Schiller tute seminar in the Federal Rules of Civil ..• says in his preface.41 and Criminal Procedure. . •• the student who may have occasion Even to affirm that the university law to treat of military law must be aware of school shall stress principles rather than rules of practice hardly formulates the dividing line in the field of military law, [Supp. 1 to 1946 ed.] § 171(l), and by Section 2 of the Act of June 25, 1948, where so much turns on statutory rules c. 648, 62 Stat. 1014 (5 U. S. C. [Supp. and provisions that are constantly being II to 1946 ed.] § 627k). See Stock v. changed. A dramatic instance of this Department of Air Force, 186 F. 2d 968 may be found in the circumstance that (4th Cir. 1950). the United States Air Force, which at 36 Title II, Act of June 24, 1948, c. 625, 62 Stat. 627. this writing is less than six years old,34 37 Act of May 5, 1950, c. 169, 64 Stat. has in that short span of time operated 108 (50 u. s. c. §§ 551-736). under three different disciplinary codes: 38 Act of July 9, 1952, c. 608, 66 Stat. The Articles of War of 1920,35 the Ar­ 481 (50 U. S. C. § 901 et seq.). 39 Section 714, 50 U. S. C. § 1124, pro­ 34 The United States Air Force was vides that, for the purpose of laws pro­ first established as an independent viding benefits for members, all training branch of the armed forces by the Na· performed by members of the National tional Security Act of 1947, effective Guard while in state status shall be con­ September 18, 1947. Act of July 26, sidered as active or inactive duty train­ 1947, c. 343, 61 Stat. 495. ing, as the case may be, performed in 35 Act of June 4, 1920, c. 227, 41 Stat. the service of the United States. 787 (10 U. S. C. [1946 ed.] §§ 1472­ 40 Introduction to the General Survey, 1593), made applicable to the Air Force in Collected Legal Papers 298, 300. by Section 305(a) of the National Secu­ 41 A. Arthur Schiller, Military Law rity Act of 1947, 61 Stat. 508, 5 U. S. C. vii (1952). 24 The Judge Advocate Joumal the constitutional extent of military of 1812); 45 and, now that it has found power, the organization of the armed its way into municipal litigation via the forces, and the relation between civil and Quirin,46 Yamashita,41 Hirota,48 and military jurisdiction. Eisentrager 49 cases, the laws of war. Therefore it is not sufficient simply At this point it is well to be specific­ to consider the disciplinary code of the and permissible to be personal.50 The armed forces, it is necessary to take up course in Military Law and Jurisdiction the power to compel military service, the at George Washington covers all of these perplexities of the militia clause (that topics in one semester. It could no doubt ''curious cabinet of antiquities'' 42 be stretched-and padded-into a full which still plagues our mobilizers) 43, the year course, by a further treatment of status of enlistment, and the rights that substantive military offenses, by greater military officers have in their offices. All emphasis on the mechanics of collateral of this, of course, is military law beyond attack of court-martial judgments, by military justice. But, in order to treat more detailed treatment of martial law of the constitutional extent of military situations, and by expanding the study of power and the relation between civil and the laws of war to include the details of military jurisdiction, it is necessary to the applicable conventions and the examine the war powers, whether carried changes wrought by the 1949 Geneva on by military or by civilian agencies; Conventions which are now awaiting rati­ the problems implicit in the admittedly fication.51 vague but still familiar expression "mar· tial law''; the problems of military gov· ernment, where our forces enter on belligerent territory 44 (not omitting 45 United States v. Rice, 17 U. S. 246, military government in reverse, of which, 4 Wheat. 246, 4 L. Ed. 562 (1819), which arose out of the British occupa· fortunately, the last example up to this tion of Castine, Maine, in 1814. time comes from the not-so-glorious War 46 Ex parte Quirin, 317 U. S. 1, 63 Sup. Ct. 2, 87 L. Ed. 3 (1942).

47 In re Yamashita, 327 U. S. 1, 66 42 2 Pollock and Maitland, The His­ Sup. Ct. 340, 90 L. Ed. 499 (1946). tory of English Law 365 (2d. ed. 1898). 48 Koki Hirota v. General of the Army 43 See Wiener, The Militia Clause of MacArthur, 338 U. S. 197, 69 Sup. Ct. the Constitution, 54 Harv. L. Rev. 181 1238, 93 L. Ed. 1902 (1948). (1940). This time my justification for 49 Johnson v. Eisentrager, 339 U. S. self-citation is the circumstance that 763, 70 Sup. Ct. 936, 94 L. Ed. 1255 Congress has seen fit to reprint the bulk (1950). of this paper, though without acknowl· edgment-and without quotation marks. 50 The editor advises that nothing in H. R. Rep. No. 1066, 82d Cong., 1st the style-book of the Journal of Legal Sess. (1949). Education precludes a restrained and reasonably modest use of the perpen· 44 For the most recent case in the Su­ dicular pronoun. preme Court involving a military govern­ ment problem, see Madsen v. Kinsella, 51 Yingling and Ginnane, The Geneva 343 U. S. 341, 72 Sup. Ct. 699, 96 L. Ed. Conventions of 1949, 46 Am. J. Int 'l L. 988 (1952). 393 (1952). The Judge Advocate Journal 25

But-and at this juncture the writer strengthened. (I always recall with con· successfully defends against the charge cern the query of a more experienced col­ of being an enthusiastic specialist-I league: ''Are you teaching-or just lec­ doubt very much whether the subject is turing f ") But I am satisfied, both on worth a full year of a law student's time, analysis and from the comments of for­ even under today's conditions of inter­ mer students, that, in its essentials, the national tension. No doubt the course as course in Military Law and Jurisdiction now given can be substantially improved at George Washington has the proper by a rearrangement of the time allotted scope, that it warrants treatment for one to the various topics covered ; and of semester, and that it has a proper place course the quality of the teaching can in the curiculum. * • • and probably should be materially

Coo~lusion With tools that leave considerable to with practicality, else the problems raised be desired, with much of the periodical by the course will be neither well under­ literature devoted to polemics, and with stood nor well taught. a paucity of papers setting forth the lay Perhaps that is why, although only a commander's problem that he must have sun-downer in the teaching profession, I at hand a sanction that will if need be find military law such a fascinating sub­ force his men obediently to march or ject to teach-and one which up to now sail or :fly to death, it is obvious that has succeeded in holding the interest of the content of a course in military law classes with diverse backgrounds: civil­ does not lend itself to easy cramming by ians, reserves, regulars--and, if you the latest young instructor signed up for please, ladies. It has been high adven­ the faculty. There is no painless trot; ture for me; and, so some of the alumni there is no reliable modern text; and the have been kind enough to say, not just law in action as distinguished from the for me alone. law in books is for the most part ar­ ticulated only by experience. Adminis­ tration of the military law requires a "** At this point the authot reviews combination of the lawyer's reason and available casebooks and textbooks (Jour· the soldier's faith; and teaching it can nal of Legal Education Vol 5 No. 4 pp. do with both, since it needs not only an 483-498) particularly Schiller, Military Law, Military Jurisprudence, and Snede­ exploring and a "wondering " mind, but ker, Military Justice under the Uniform also a capacity for blending safeguards Code. MILITARY LAW PUBLICATIONS* Prior to the adoption of the Uniform laws or regulations distinctive to other Code of Military Justice in 1951, the branches of the service. services had several official or semi­ However, with the unification of the official publications in the field of mili­ armed forces under a single Department tary law, such as the ' ' Bulletin of The of Defense and the adoption of many Judge Advocate General of The Army," statutes (including the Uniform Code of the "Digest of The Judge Advocate Gen­ Military Justice) equally applicable to eral of The Air Force,' ' the ' 'Court­ all branches of the service, a single sys­ Martial Orders" (Navy), the "Board of tem of reporting decisions and opinions Review and Judicial Council' ' reports affecting the military, so as to provide a (Army), and the " Court-Martial Re­ readily available and easy-to-use funda· ports of The Judge Advocate General of mental source of case law, became a vir­ the Air Force. ' ' tual necessity. Having this in mind, the Judge Ad­ At that time, the services were oper­ vocates General obtained the services of ating under separate and independent the Lawyers Co-operative Publishing statutes and regulations containing many Company of Rochester, New York. To­ differences with respect to the rights, gether, members of the staffs of the status, and duties of their personnel, the Judge Advocates General and the edi­ administration of discipline, the procure­ torial staff of the publisher made an ment of supplies and services, the proc­ extensive study of the needs of the serv­ essing of claims against the government, ices for a set of reports which would and various other matters. For example, contain all the features of the modern with respect to military justice, the Ar­ law book and would be available for gen­ ticles of War governed the Army and Air eral distribution throughout the services Force, whereas the Articles for the Gov­ and to the general legal profession and ernment of the Navy applied to naval public as well. This led to a series of personnel, and the Disciplinary Laws of publications which will prove to be of the Coast Guard applied to Coast Guard immense value in the field of military personnel, Both the Army and Air law. Force had separate Manuals for Courts­ Martial. The Navy had its "Naval *Editor's Note. The Journal has here­ Courts and Boards'' and the Coast Guard tofore published brief notes on all de­ published the ''Coast Guard Courts and cisions of the Court of Military Appeals. Since these opinions are now published Boards." with head notes and digested in publica­ Obviously, under such circumstances, tions available to the military and civil­ ian bar, this practice is being discon­ many decisions or opinions of a partic­ tinued. Hereafter case notes will be ular Judge Advocate General or the written from time to time on selected members of his staff were limited in eases. The purpose of this article is to coverage and interest to his particular advise the membership of existing publi­ cations on military law in which decisions branch of the service and could not serve of the Court of Military Appeals and &I ease precedent in the application of other matters may be found. Z6 The Judge Advocate Journal 27

The Court-Martial Reports­ Court-Martial Reports of the The Judge Advocates Geaeral Judge Advocate General of of the Armed Forces and the the Air Force United States Court of Mill· tary Appeals These reports, which were published from 1949 to 1951, contain the decisions This publication contains the decisions of the Boards of Review and the Judicial of the newly created United States Court Council in the Office of The Judge Advo­ of Military Appeals and the several cate General of the Air Force, with head­ Boards of Review having the statutory notes and other special aids to research responsibility under the Uniform Code of as noted above. Military Justice of reviewing court-mar­ Volume 4 completes this series of re­ tial convictions. ports, and the decisions of the Boards of These decisions cover all phases of Review in the Office of Tbe Judge Advo­ military justice including questions con­ cate General of the Air Force are now cerning the appointment, competency, published in the general ''Court-Martial and jurisdiction of courts-martial, crim­ Reports.'' inal law, evidence, trial procedure, wit­ nesses, etc. In addition to the full text of the de­ Digest of Opinions-The .Judge cisions, each volume of the Court-Mar­ Advocates General of the tial Reports contains special features Armed Forces and aids to research, such as headnotes of the salient points involved; classifica­ This publication is another great step tion of the headnotes to relevant topics taken by the Judge Advocates General in the "Digest of Opinions-The Judge in making current opinions and decisions Advocates General of the Armed Forces'' affecting the military available to all the (described below) where other cases on armed services and the legal profession the particular point headnoted may be generally. found; helpful references to standard The Digest of Opinions contains digest legal publications like American Juris­ paragraphs of selected decisions and prudence and the American Law Reports opinions of The Judge Advocates General (Annotated); a table of cases reported; of the various services, the United tables of cases, orders, regulations, stat­ States Court of Military Appeals, and utes, etc., cited; and a thorough and the Boards of Review, together with comprehensive index. opinions of other governmental depart­ Volumes 1 to 9 have been published ments and agencies, and decisions of at this date, and it is understood that Federal and State courts, which are of Volume 10 will be published shortly and interest to the military. The digest that there will be approximately 5 to 6 paragraphs contain a summary of the volumes a year. facts to the extent necessary to explain 28 The Judge Advocate Joumal the legal holdings involved; including The Digest is published in quarterly the citations given in support of such pamphlet parts which are cumulated into holdings; and in appropriate cases refer­ an annual bound volume. At the present ences are made to standard legal pub­ time, Volumes 1 and 2 (bound volumes) lications. have been published. The first quarterly The Digest contains many decisions or pamphlet of Volume a will be available opinions covering such matters as pay shortly. and allowances, transportation, hospi· talization and medical treatment, govern­ ment life insurance, veterans' rights, re­ United States Court of Military tirement, disability benefits, Reserve Appeals forces, and many other questions of gen­ eral interest to members or former mem­ The United States Court of Military bers of the services. Appeals, also recognizing the extreme A most important feature of the Digest importance of the wide distribution of is the 'adoption of a new military classifi­ its opinions, not only throughout the cation system which will insure the per­ military system, but to the general legal manency and usefulness of this publica­ profession and public, recently initiated tion over a long period of years. The the publication of a series of reports, en­ classification system uses numerous topics titled the "Decisions of the United or titles, alphabetically arranged, cor­ States Court of Military Appeals." responding generally to those employed Each volume of this series also fea­ in standard legal digests, with the addi­ tures headnotes of the salient points in­ tion of other topics or titles covering volved in the decision, classification of matters distinctive to the military. The the headnotes to relevant topics in the topics or titles are divided, on a logical "Digest of Opinions-The Judge Advo­ or analytical basis, into subdivisions, cates General of the Armed Forces" numbered sections, and decimal-numbered where other cases on a particular point sections. Through the use of such a com­ headnoted may be found, appropriate prehensive scheme of arrangement, it is references to standard legal publications, possible to classify the digest paragraphs a table of cases reported, and a compre­ so that those relating to the same sub­ hensive index. ject matter appear together under the same topic and section number. The In view of the fact that these opinions headnotes in the Court-Martial Reports constitute the highest judicial precedents are given this digest classification, so within the field of military justice, the that a user can proceed automatically Court has also initiated the publication from the headnote to the Digest. of Advance Opinions in pamphlet form, Additional aids to research contained so that its opinions will receive world­ in the Digest, include: word indices; wide distribution within a comparatively tables of cases and opinions digested ; brief time after they are rendered by the tables of cases and opinions cited; and Court. tables of orders, laws and regulations Volume 1, a bound volume of the de­ cited. These are cumulated from issue cisions of the Court covering the October to issue throughout the year. term 1951, has been recently published. The Judge Advocate Journal 29

Volume 2, which includes the decisions of The comprehensive coverage of this the Court during the October 1952 term, one-volume work is in itself evidence of will be available shortly. its great usefulness, both to the mili­ tary services and the legal profession generally. Military Jurlsprudenee

"Military Jurisprudence" is another EDITOR'S NOTE: new publication of great value in the The above publications may be ob­ :field of military la"lf. This publication tained by writing the Lawyers Co-opera­ contains selected cases and material cov­ tive Publishing Company, Rochester 14, ering the entire field of military law, in­ N. Y. The prices are as follows: cluding government liability for acts of Court-Martial Reports (Armed Forces)­ the military (under the Federal Tort Vols. 1-9, $6.00 per vol. Claims Act), military interference with Court-Martial Reports (Air Force)­ Vols. 1-4, $6.00 per vol. private business, jurisdiction of civil au­ Digest of Opinions (Annual bound vol­ thorities over military personnel, civil umes)-Vols. 1-2, $7.50 per vol rights and obligations of military per­ Digest of Opinions, Volume 3, quarterly sonnel (including subjection to civil issues 1-4, $5.00. process and civil relief acts), criminal U. S. Court of Military Appeals-Vole. and civil liability of military personnel 1 & 2, $7.50 per vol. for acts done in the performance of mili­ Advance Opinions (weekly) of U. S. tary duty, status of National Guard and Court of Military Appeals, beginning with Volume 3, $15.00 per volume. Reserve Forces and personnel thereof, Cases published 2 weeks after receipt and the rights and status of officers and thereof from the Court. enlisted men and retired personnel. Military Jurisprudence, $12.50.

WHAT THE JJIEl'JIBERS ARE DOING

ARIZONA CALIFORNIA Recently Henry S. Stevens of Phoenix Robert L. Moon recently announced the (17th Off.) was elevated to the bench removal of his law office to Suite 834, of the Superior Court, Maricopa County, 111 Sutter Street, San Francisco, where Eighth Division. The Superior Court he is associated with the firm of Hoff­ is a court of general and unlimited civil, man, Davis & Martin. criminal, probate and other jurisdiction. H. Walter Steiner of Santa Ana has Don T. Udall of Holbrook (5th Off.) recently established offices for the gen­ is Judge of the Superior Court in Na­ eral practice of law at 807 North Main vajo County, sitting at Holbrook. Street, Santa Ana. Before entering into 30 The Judge Advocate Journal private practice, he had been Deputy ment as Assistant Judge Advocate Gen­ District Att?rney for Orange County. eral of the Army at a reception and sup­ per at the Dodge Hotel on November COLVltlBIA DISTRICT OF 2nd. Col. Thomas H. King, USAFR, Secre­ The following Army JAG reserves tary of the Association, was elected this were recently promoted: John Wolff and summer to the office of National Presi­ Paul S. Davis, Major to Lieutenant dent, Reserve Officers Association, suc­ Colonel, and Dorsey Harryman, Captain e.eeding Capt. Robert G. Burke, USNR, to Major. of New York City. Capt. Burke is a Col. Walter H. E. Jaeger recently com­ member of the Board of Directors of pleted a combination case and text book the Association. Col. King, following on the law of contracts which is being his election.; toured the Army and Air published by Dennis and Company, Force installations in Europe in connec­ Rochester, N. Y., under the name "Law tion with his official duties with ROA. of Contracts". On October 5th at the Dodge Hotel, the local members of the Association re· KENTVCKY 11UJD.ed their practice of monthly dinner Elvis J. Stahr, Jr., returned in Sep­ meetings. Chief Judge Quinn and Judge tember to his position as Dean of the Brosman were among the members University of Kentucky College of Law present. Col. King spoke to the group after serving as Special Assistant to the concerning his recent inspection tour of Secretary of the Army during the sum­ military installatio11.1 in Europe. Maj. mer of 1953. He had previously served Love reported to thoee present on the re­ also in the latter position from June, cent annual meeting of the Association in 1951, to September, 1952. His successor Boston. The ·Washington group meets is Franklin L. Orth, who is also a law­ on the first Monday of each month, Oc­ yer, and a colonel in the Army Reserve. tober through May. George MacCiain (10th Off.), formerly MISSOVRI an attorney with Federal Communica­ Fred G. Mancuso (Claims ETO) of tions Commission, recently announced his Kansas City was recently elected Judge e11.try into the private practice of law as Advocate General of the Veterans of For­ an associate of the law firm of Cohn and eign Wars. Marks with offices in the Cafritz The law firm of Bertram W. Tre­ Building. mayne, Jr., recently announced that Benito Gaguine (3rd 0. C.), until re­ Ralph R. Neuhoff, Jr., has become a cently· Hearing Examiner of the Federal member of the firm under its new name Communications Commission, has an­ Neuhoff, Tremayne & Schaefer with of­ nounced his entry into private practice fices at 220 North Fourth Street, u a member of the firm of Fly, Shue­ St. Louis. bruk, Blume and Gaguine, with offices at 1001 Connecticut Avenue, N. W. NEVADA Association member1 of the Washing­ Richard W. Horton, having recently ton area will honor Brigadier General completed a tour of duty in the United Eugene Caffey on his recent appoint­ States Navy, has resumed the practice The Judge Advocate Journal 31 of law in association with Royal A. trial Personnel Security Board. The Stewart, at 131 West Second Street, Security Board is established under the Reno. new security program of the Defense De­ NEW JERSEY partment to screen and determine final action on all cases in which a military Arthur D. McTighe (13 0. 0.) of department of the government has rec­ Trenton recently removed his office to ommended that the clearance of a con­ Suite 821, Trenton Trust Building, Tren­ tractor or an employee of a contractor ton. be denied or revoked. NEW YORK Raymond A. Waldman of Whitestone, Alexander Pirnie (Claims ETO), past Queens, was recently appointed by the President of the Association, recently Secretaries of the Services as a member announced the change of name of his law of the Appeals Division of the Eastern firm to Evans, Pirnie & Burdick. The Industrial Personnel Security Board. firm will continue the general practice Max Solorsy, New York City, was re­ of law under its new name in the Mayro cently promoted from Lieutenant to Cap­ Building at Utica. tain, JAGC-USAR. Morton H. Zucker recently announced OREGON the opening of offices for the general Col. Benjamin G. Fleischman (3rd practice of law at 175 Main Street, Off.) attended the Military Government White Plains. School at Camp Gordon, Georgia, during Sidney A. Wolff (9th Off.) was re· the spring, and participated in exercises cently re-appointed as Chairman of the at Camp Pickett, Virginia. Special Committee on Military Justice of the New York Oounty Lawyers Asso­ TEXAS ciation. Tom D. Glazner recently established Stanley Kaufman (7th Off.) of New offices for the general practice of law York City in behalf of minority stock­ specializing in negligence and workmen's holders has been litigating the question compensation cases in the Oil and Gas of legality of stock option programs for Building, Wichita Falls. key corporation executives. The defend­ ants named by him in suits in New Jer· VIRGINIA sey state courts and in federal courts Col. Suphakan Nitisiri, Chief of the are Standard Oil of New Jersey, U. S. Prosecution Division of the Royal Thai Steel, May's Department Store, and CIT Army, in the course of a three months' Financial Corp. visit of military installations in the Col. Chester DeF. Silvers of Kentucky United States for the purpose of observ­ was recently appointed First Army ing U. S. Army Military Justice System Judge Advocate, succeeding Col. David and rehabilitation establishments, re­ Hottenstein, who retired July 31, 1953, cently studied preparation of cases for after 35 years of military service. trial and the courts-martial proceedings Charles J. Klyde (8th 0. 0.) of Brook· at the Engineer Center at Fort Belvoir, lyn was recently appointed by the Secre­ Virginia, under the guidance of Lt. Col. taries of the Services as Chairman of the Franklin W. Clarke, Staff Judge Advo­ Appeals Division of the Eastern Indus­ cate of the Engineer Center. SUPPLEMENT TO DffiECTORY OF MEMBERS JULY 1953

NEW MEMBERS

Maj. Edward P. Barrows Lt. Col. Donald B. Johnson 1706 Highland Parkwa1 Office of the Adj. Gen. of Iowa. St. Paul 5, Minnesota State Capitol Maj. Myron L. Birnbaum Des Moines, Iowa Box 555 Maj. Irvin M. Kent Scott Air For~ Base, Illinois 9908 Montauk Ave. 0. P. Easterwood, Jr. Bethesda, Maryland Barr Building Lt. F. Abit Massey Washington 61 D. C. Box 177 Gen. Folsom Everest Moody Air Force Base, Georgia. c/o Highway Commission A.mes, Iowa. Lt. William E. McCarthy Lt. Col. J. Francis Fowles, Jr. Hq. Sq. 36th Fighter Bomber Wing Box 171 APO 132, c/o Postmaster Albrook AFB, Cana.I Zone New York, New York Benito Gaguine Capt. Joseph B. McMullin 1001 Connecticut Ave., N. W. Office of the SJA Washington 6, D. C. Hq. 48th Ftr. Bmr. Wg. William B. Garten APO 119, c/o Postmaster 804 Royal Union Bldg. New York, New York Des Moines, Iowa. Paul P. Pederzani, Jr. Lt. Alan 8. Gaynor 49 Westminster Street P. 0. Box 222 Providence, Rhode Island APO 864, c/o Postmaster New York, New York Geo. Chad Perry, III Lt. Vester T. Hughes, Jr. Paintsville, Kentucky OJAG, Dept. of the Arm1 Charles F. Ryan The Pentagon Rutland, Vermont Washington 25, D. C. Judge Laurance M. Hyde Maj. Philip L. Smith Supreme Court Building JA Section, Hq. Jefferson City, Missouri Camp Pickett, Virginia 32 The Judge Advocate Journal

Lt. James E. Spellman Meyer Weker 0. M. S. 263 19 Milk Street APO 731, e/o Postmaster Boston 9, Massachusetts Seattle, Washington William M. Thomson William Wimer 1163 Northwestern Bldg. 707 Central Natl. Bldg. Minneapolis, Minnesota Des Moines, Iowa

CHANGES OF ADDRESS William A. Bader Col. Kenneth B. Chase 989 Main Street Staff Judge Advocate Bridgeport 3, Connecticut Sheppard Air Force Base, Texas Capt. George W. Bains Leigh M. Clark 43 Church Street 902 First National Bldg. Charleston, South Carolina Birmingham 3, Alabama William S. Begg Charles M. Dickson 114 Liberty Street 137 Park Drive New York 6, New York San Antonio 12, Texas Lt. Col. William G. Belser, Jr. Richard C. Dinkelspiel Hq., Fifth Army San Francisco Bank Bldg. 1660 E. Hyde Park Blvd. 405 Montgomery Street Chicago 15, Illinois San Francisco 4, California J &Illes L. Bennett Maj. Robert N. DuRant 1000 Fleming Bldg. The JAG School Des Moines 9, Iowa Charlottesville, Virginia Col. Alfred C. Bowman Lt. Bernard A. Feuerstein Military Amistice Commission 141-04 Coolidge Avenue United Nations Command, APO 72 Kew Gardens, Queens, N. Y. c/o Postmaster, San Francisco, Cal. Rowland W. Fixel Lt. William C. Bullard 45 Davenport Street Hq., 28th Inf. Div. Detroit 1, Michigan APO 111, c/o Postmaster Capt. Seely P. Forbes New York, New York 1401 National Avenue Col. David C. Byrd Rockford, Illinois 4110 Edgevale Court Chevy Chase, Maryland Lt. Col. Donald V. Gassie 415 Vermont Street Lt. B. R. Carraway Covington, Louisiana Box 13 ComN av Marianas Lt. Tom D. Glazner Fleet Post Office 927 Oil & Gas Bldg. San Francisco, California Wichita, Texas The Judge Advocate Journal

Maj. Ned F. Hand Lt. Bernard E. Kalman JA See., Hq. 47th Inf. DiT. 264-08 82nd Avenue Brookley AFB Floral Park, N. Y. Mobile, Alabama 8. Palmer Keith, Jr. Capt. Edward D. Harbert 424 Brown-Marx Building Casual Officers Branch Birmingham 3, Alabama Camp Kilmer Pers. Center New Brunswick, New Jersey Brig. Gen. Herbert M. Kidner Capt. Robert M. Haynes Hq., USAFE 0. M. S. #233 Office of the SJA APO 731, e/o Postmaster APO 633, c/o Postmaster Seattle, Washington New York, New York Robert M. Hearne Lt. Col. Harley A. Lanning 30 State Street 416 Poplar Drive Boston 9, Massachusetts Falls Church, Virginia Lt. Col. Tom B. Hembree 437 D Painter Street Charles E. Ledwith Norfolk, Virginia 539 Stuart Building Lincoln 8, Nebraska Maj. Dugald W. Hudson The JAG School Henry A. Leslie Charlottesville, Virginia Box 1837 Capt. John H. Hudspeth University, Alabama JA Sec., Hq. 8th U. S. Army Lt. Col. Maurice Levin APO 301, c/o Postmaster Central Office-JCA San Francisco, California APO 230, c/o Postmaster Capt. William H. Huffeut New York, New York 2555 3rd Street, N. Arlington, Virginia Lt. Col. George G. Lewis J-5, Hq. FEC Lt. Col. John J. Hynes APO 500, c/o Postmaster 1925 B. Quincy Street San Francisco, California Arlington, Virginia Lt. Robert T. Jame11 Lt. Col. Laurence W. Lougee 2336 So. Fillmore Army Staff Judge Advocate Denver, Colorado Hq. U. S. Army, Alaska Warren C. Jaycox APO 949, c/o Postmaster 4412 Greenwich Parkway Drive Seattle, Washington Washington, D. 0. Lt. David H. R. Loughrie Lt. Col. Harry Carl Kait Staff Judge Advocate Safety Advisory Group, Japan 3645 Flight Training Wing (Ft) 8065th Army Unit, APO 500, e/o PM Laughlin Air Force Base San Franeiseo, California Del Rio, Texas The Judge Advocate Joumal 35

Maj. Bernard E. MacBride Capt. John A. Smith, Jr. U. S. Army, Europe J A Section, KBS APO 403, c/o Postmaster APO 59, San Francisco, California New York, New York Lt. Col V. M. McElroy Everett E. Smith Student Detachment 17 N. 34th Street The JAG School Colorado Springs, Colorado Charlottesville, Virginia H. Walter Steiner Rufus N. McKnight, Jr. Bank of America Building 505 West Twelfth Street 807 North Main Street Dallas, Texas Santa Ana, California Arthur D. McTighe Lt. Col. John H. Sweberg Suite 821, Trenton Trust Bldg. c/o Sweberg & Kruschke Trenton 8, New Jersey Rhinelander, Wisconsin Lt. Edward R. Parker 5112 Riverside Drive Maj. Herbert C. Swigert Richmond, Virginia Apt. 304, 918 18th Street, N. W. Washington, D. C. Alex Pendleton 1147 Natl. Press Building Bernard E. Vinardi Washington, D. C. 1501 South 52nd Street Capt. John A. Pullins Omaha, Nebraska Asst. SJ.A Alaskan Air Command Lt. Seymour Weil APO 942, c/o Postmaster 149 W. 36th Street Seattle, Washington New York 18, New York

Maj. Robert W. Reynolds Col. Howard Russell Whipple U. S. Army, Europe Post Staft' Judge Advocate APO 403, c/o Postmaster Camp Atterbury, Indiana New York, New York Lt. Col William W. Wipf Lt. William H. Sheehan JA Sec. Hq. 47th Inf. Div. Box 82-WBAH Camp Rucker, Alabama EI Paso, Texas. Orville F. Sherwood Morton H. Zucker Room 500, 409 Griswold 175 :M:ain Street Detroit 26, Michigan White Plains, New York