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The Judge Advocate Journal, Bulletin No. 24, March, 1957

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The Judge Advocate Journal, Bulletin No. 24, March, 1957 JUDGE ADVOCATES ASSOCIATION Officers for 1956-1957 NICHOLAS E. ALLEN, Maryland-···············································-·-····.President Tao, tAS H. KING, Maryland ................... .,- .................. First Vice President FREDERICK BERNAYS WIENER, Maryland ................... .Second Vice President J. FIELDI. ·a JONES, Te.'Cas ..................... _........................................... ..Secretatif EDWARD !<'. GALLAGHER, D. C......................... _................................ Treasurer JOSEPH F. O'CONNELL, JR., Massachusetts .................. Delegata to A. B. A. Directors Louis F. Alyea, Va.; Joseph A. Avery, Va.; Ralph G. Boyd, Mass.; John J. Brandlfo, Calif.; E. M. Brannon, D. C.; Robert G. Burke, N. Y.; Eugene M. Caffey, N. Mex.; John E. Curry, D. C.; Osmer C. Fitts, Vt.; Abe McGregor Goff, Idaho; Reginald C. Harmon, D. C.; Edward F. Huber, N. Y.; William J. Hughes, Jr., D. C.; Stanley W. Jones, Va.; Albert M. Kuhfeld, D. C.; Michael L. Looney, D. C.; Wil­ liam C. Mott, D. C.; Allen W. Rigsby, Nebr.; Gordon Simpson, Tex.; S. B. D. Wuod, Pa.; Clarence L. Yancey, La.; Edward H. Young, D. C. Executive Secretary and Editor RICHARD H. LOVE Washington, D. C. Bulletin No. 24 March, 1957 Publication Notice The views expressed in articles printed herein are not to be regarded as those of the Judge Advocates Association or its officers and directors or of the editor unless expressly so stated. TABLE OF CONTENTS PAGE Presentation of Plaque in Memory of Judge Brosman.................... 1 Comparison of Safe!plards in Civilian and Military Tribunals........ 5 General Cafl'ey Retires............................................................. _............... 21 Incentive Pay for Lawyers in the Armed Forces?.............................. 22 JAA Resolution to Support Legislation for Betterment of Military Career ·····-··········· ........................ ... .......... .. ............ ................................. 23 Teamwork by the Provost Marshal and the Judge Advocate.............. 25 General Harmon Receives D. S. M--··········-·-························-················ 33 Recent Decisions of C. M. A·-····································-··············-·····-······ 35 General Hiclonan Named TJAG-Arrny...... ·-···········-······························· 42 General Jones Named Army Assistant TJAG.•..... ·-··········-······-··········· 43 Annual Meetings, 1957-New York and London.·-·························· 46 Supreme Court Reconsiders Military Jurisdiction Over Civilians........ 47 What the Members are Doing ·································································-· 48 Supplement to Directory of .l\Iembers ....................................... -............. 53 Published by the Judge Advocates Association, an affiliated organ­ ization of the American Bar Association, composed of lawyers of all components of the Army, Navy, and Air Force. Denrike Building, Washington 5, D. C. - STerling 3-5858 Proceedings in the United States Court of Military Appeals ON THE OCCASION OF THE PRESENTATION OF A PLAQUE IN MEl\iORY OF JUDGE PAUL W. BROSMAN 25 FEBRUARY 1957 CHIEF JUDGE QUINN: The ued counsellors and enthusiastic Court will recognize Colonel Nicho­ members. His passing has left a las E. Allen. void in our ranks, but the inspiring COL. ALLEN: Chief Judge Quinn, influence of his presence among us Judge Latimer, Judge Ferguson, remains indelibly impressed upon judges of the Circuit Court of Ap­ our minds and memories. peals for the District of Columbia Our purpose in presenting this Circuit, judges of the United States plaque in honor of Judge Brosman District Court of the District of Co­ is to record for posterity the deep lumbia, other members of the judi­ sentiments we hold for him, but it ciary, officials of the District of Co­ would be impossible also to engrave lumbia, the Government, ladies and here the full record of his many gentlemen, the Judge Advocates As­ great and brilliant accomplishments. sociation is grateful to the United Indeed, the achievements he attained, States Court of Military Appeals for his contributions to the decisions and the privilege which is a~corded us opinions of this Court during its today to present to the Court a formative years, the wisdom and bronze plaque in honor of our de­ ideals he imparted to students of the parted friend and associate Paul W. law while serving as teacher· und Brosman who was also one of the dean of one of our country's great original members of this Court. law. schools, the high professional The presentation of thP. plaque is standing of Judge Advocate services the culmination of a widespread de­ to which he contributed so much in sire on the part of our mrmbership the turbulent years during and fol­ to do honor to Judge Brosman who lowing the second World War, and was at once our dear and intimate last, but not least, the great host of friend and also one of our most devoted friends he left behind him distinguished members. One 0f the and .to all of whom by his contagi­ founders of our association, he also ous enthusiasm and high ideals he served as a director and officer, and left someth1ng of himself-all of he remained one of our most val­ these are now a part of the main­ 1 The Judge Advocate Journal 3 stream of our national life and his­ It is fitting, therefore, that we, tory; they are surely immutable evi­ his fellow members of the Judge dence of the immortality of his noble Advocates Association, should offer soul. this bronze plaque to record in his A student of law in Illinois, his honor and memory, our devotion, native state, teacher of law at Mer­ love and respect for Paul W. Bros­ cer University in Georgia and at man, and our gratitude for the priv­ Yale Law School, and teacher and ilege of having shared with him dean of the Law School at Tulane some of the experiences in his event­ University, it can truly be said that ful and distinguished career. he was dedicated to the law and to I shall now ask the officers and the sublime precepts of our demo­ directors of the Judge Advocates cratic way of life. His skill in the Association to stand with me while law and his talents as an adminis­ Mr. Richard Love, the Executive trator, developed through these many Secretary, and Colonel Thomas H. years of service in the field of legal King, First Vice President of our education, equipped him admirably Association and Chairman of the to play an important role in the Committee on Arrangements for this establishment 0f Judge Advocate occasion, come forward and unveil i:erv1ces in the Army Air Corps and the plaque. l~ter in the Judge Advocate Gen­ (Unveiling) eral's Department of the United States Air Force. His high ideals, CHIEF JUDGE QUINN: Colonel his innate fairness, his genuine in­ Allen and members of the Judge terest in his fellow man, and his Advocates Associat10n, distinguished fine judicial temperament, combined members of the Court of Appeals, with his broad background and ex­ and of the District Court for the perience, qualified him exceptionally District of Columbia, the Municipal well for service on this Court. It and District Government, distin­ was here that his talents flourished gui&hed Generals and other friends in their fullest measure, and that of Judge Paul W. Brosman, the his career reached its greatest Court is very happy to welcome you heights. here at this ceremony and to thank Patriot, teacher of the law, and the Judge Advvcates Association for Judge of our country's highest court its thoughtfulness in pre<;c~r.t:ng thi.~ of military justice-thrne are mea<:­ plaque to our Court. ures of his greatness. But it is as Everyone in this re.om is aware a friend and close associate that we that Judge Paul \V Brosma•.t, one who knew him well are apt to re­ of the original members of our member him best, for he was en­ Court, was a keen, able, legal dowed to a greater degree than most scholar. He was a devoted husband men with those qualities that make and father. He had a host of for true and lasting friendship-his friends, was a fair and impartial warmth, enthusiasm, honesty, humil­ Judge, and he generated affection ity, integrity, and sincerity. among the thousands of men and ' The Judge Advocate Journal women that were privileged to call cates your personal loss in his un­ him friend. timely death. And so we think that this after­ I am sure that you all join with noon, Colonel Allen and members of me in thanking the Judge Advocates the Judge Advocates ·Association. Association for presenting this that it is very fitting that this plaque because, in addition to the plaque should be presented to this words that he has written which are Court to be here in perpetual mem­ found in our reports, it is very nice ory of Judge Brosman where his to have this memorial in the halls of record to a certain extent inscribed this Court. in eternal bronze will be given an CHIEF JUDGE QUINN: Judge appropriate spot in this Court. Ferguson? Judge Latimer? JUDGE FERGUSON: Chief Judge JUDGE LATIMER: Chief Judge Quinn, Judge Latimer, and friends Quinn, ladies, judges of the Court of the former Judge Brosman. I of Appeals and the District Court didn't have the privilege of knowing of the District of Columbia and the Judge while he occupied the po­ members of the Judge Advocates sition on this bench, but as his suc­ Association. I hardly expected to be cessor I have had the opportunity to called on to make a respnnse, but I hear from his many friends the trib­ am certainly pleased to dn so. utes they have paid to him as a I became acquainted with Paul Judge on this Court, and I have had Brosman when we were first ap­ the opportunity and privilege of pointed to this Court. We lived next reading his decisfons as precedents door to each other, he was very close to the decisions that we are render­ to me, and our families were inti­ ing daily here in this Court. mate. In observing his work on the I have the highest regard for his bench, I was impressed with the fact legal opinions and his work on the that he was an indefat!gable work­ Court and I think it is very fitting er, a stylistic writer, and a judge for his friends, those who we;:~ asso­ whose judgm~nt was sound.
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