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The Judge Advocate Journal, Vol. I, No. 2, 15 September 1944

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:Jhe JUDGE AD JOURNAL Published Quarterly by Judge Advocates Association VOL. 1, NO.2 1:") SEPTEMBER I ~)41 Photo by Signal Corp~, U. S. Army HENRY LEWIS STIMSON klan of War and Peace TABLE OF CONTENTS THE GENERAL'S PAGE 3 THE PRESIDENT SAYS 4 MAN OF WAR AND PEACE, Henry L. Stimson 5 MILITARY LAW AND THE ADMINISTRATION OF MILITARY JUSTICE. 7 Brigadier General James E. Morrisette CONTRACT SETTLEMENT ACT OF 1944 11 1st Lieut. Norman Roth, JAGD THE CRIME OF TREASON 17 Captain Joseph S. Robinson, JAGD MILITARY TRIALS OF PRISONERS OF WAR 21 Lieut. Colonel Leon Jaworski, JAGD MANEUVERS WITH A STOCKADE 25 Colonel Robert V. Laughlin JAGD AMG MILITARY COURTS 28 Major William F. Waugh, JAGD \\ AIR FORCE JUSTICE 30 Colonel Thomas H. Goodman, JAGD MARINE ,CLAIMS AT THE NEW YORK PORT OF EMBARKATION 31 Colonel Arthur Levitt, JAGD THE JUDGE ADVOCATE GENERAL'S SCHOOL • 36 Captain George P. Forbes, JT., JAGD THE JAG SCHOOL BANQUET SKIT 40 1st Lieut. Edward F. Huber, JAGD "FIRSTS" IN THE DEPARTMENT 45 EXPERIENCES OF AN AIR TRAVELING GCM REPORTER 46 NOTES 46 THE BRANCH OFFICES 54 WASHINGTON NEWS AND VIEWS 57 HONOR ROLL. 59 OUR MAIL POUCH 61 LIST OF PROMOTIONS 63 THE JUDGE ADVOCATE JOURNAL JUDGE ADVOCATES ASSOCIATION Published quarterl), by Judge Advocates Association 1225 New York Ave., N. W., Washington 5, D. C. OfficeTs Subscription price $4 per annum; $1.00 per number. Major General Myron C. Cramer, The Judge Advocate General EDITORIAL BOARD ........................................... Honorary President Major Clarence L. Yancey, JAGD, Editor Lt. Col. Howard A. Brundage, JAGD...........................President Milton 1. Baldinger, Managing Editor Colonel Herbert M. Kidner, JAGD..................... lst Vice President Major John Lewis Smith, Jr., JAGD ................... 2nd Vice President Correspondents* Colonel Robert M. Springer, JAGD ............................Treasurer Major Alfred Thomas ............................First Service Command Lt. Robert L. Strong............................ Second Service Command Major George W. Tackabury, J AGD ...........................Secretary Lt. Joseph S. Needle ........-....................Third Service Command Milton I. Baldinger..................................Executive Secretary Lt. George W. Smith ...........................Fourth Service Command Lt. Melvin S. Katz .............................. Fifth Service Command Capt. Francis J. Gifford ............ _.............Sixth Service Command Directors Capt. Marvin G. Schmid....................... Seventh Service Command Lt. Colonel Leon Jaworski ....................... Eighth Service Command Brig. Gen. Thomas H. Green Major Edward F. Gallagher, J AGD Lt. Victor D. Lawrence..........................Ninth Service Command Brig. Gen. John M. Weir Maior Willard B. Cowles, JAGD Lt. Col. Harold T. Patterson ................................ Second Army Major Ralph E. Langdell ........... _...................... Fourth Army Colonel William C. Rigby, Retired Maior Charles B. Warren, JAGD Capt. Herbert E. Wenig........... ' .... " .....Western Defense Command Colonel Franklin P. Shaw, JAGD Maior Osmer C. Fitts, JAGD Lt. John B. Coman ............................AAF Materiel Command Colonel Edward H. Yeung, JAGD Maior J. J. O'Connor, JAGD Capt. George P. Forbes, Jr. ..........The Judge Advocate General's School Capt. Robert B. Buckley..................New York Port of Embarkation Colonel Ralph G. Boyd, JAGD Major Henry C. Clausen, JAGD Capt. Thomas G. Jones ........... U. S. Army Forces China, Burma, India Colonel Charles P. Burnett, J AGD Major Paul A. Rose, JAGD Capt. David H. Gill. ..................U. S. Army Forces in the Far East Colonel Abner E. Lipscomb, JAGD Major Garence L. Yancey, JAGD Major Thea. F. Cangelosi .................European Theater of Operations Lt. Col. Fletcher R. Andrews, JAGD Major Samuel F. Beach, JAGD * Eo. NOTE: Other correspondents win be announced in the next issue. Lt. Col. Frederick F~ Greenman, J AGD Captain Littleton Fox, JAGD The Judge Advocate Journal is not an organ of the War tors of the Judge Advocates Association lind the Editors. Department. The views expressed in the Journal are those The Judge Advocate Journal is published quarterly by the of the author of each article primarily. It is the policy of Judge Advocates Association, 1225 New York Avenue, N.W., the Journal to print articles on subjects of interest to officers Washington 5, D. C. Entry as Second Class Matter applied in the Judge Advocate General's Department in order to for at the post office at 'Washington, D. C., under the Act of stimulate thought and promote discussion; this pOlicy will March 3rd, 1879. be carried out even though soine of the opinions advanced may be at variance with those held by the Officers and Direc- Subscription $4.00 a year. THE PAGE b-IE reception given the first issue of the Judge Advocate Journal was gratifying. Each of us must consider it his Journal if it is to fulfill its purpose. The editorial staff is slllall and the work must be done in off-duty hours, so it is up to the members of the Corps to send in their contributions. Articles on legal subjects, organizational functions, or any other topic of general interest and letters from Judge Advocates about their problems. solutions, experiences,. and observations will be welcomed by the magazine. By the time this Issue of the Journal goes to press the department will have over 2,000 members. Four years ago ~):l per cent of these oflicers were lawyers practicing their profession in civil life. The successful transition to military life is a tribute to the personnel selected to be our officers. The ultimate test of the staff officer is the opinion his commander has of him. Efficiency reports and other sources of information coming over my desk go to prove the wisdom of our selec­ tions. By and large, the officers of our Corps have been acquitting themselves admirably and in many cases with distinction. They have made difficult adjustments to strange surroundings and under abnormal conditions. Reports on their soldierly conduct are naturally most satisfying to me. I have the advantage of knowing personally practically every officer of the Department and it is my conviction that no other branch of the service enjoys a more wholesome morale than the one in which we have chosen to serve. Our Journal and our Association can do much toward keeping that spirit at its high level. ;\f YRO:\, C. CRAM ER. Iv[ajo)" Gel/eral, The .fudge /J dllocale Gel/eml. Page} THE SAYS ­ 2. Qualifications lor regular membership now read as lolIows: "Any oflicer who has been commissioned. detailed or as· signed by \OVar Department orders to duty with or ill the Judge Advocate General's Department. including oflicers in the active service, in an inactive status. retired, or hon­ orab!y discharged. also including those ofiicers assigned or detaIled to the department prior to (j May 1943 by a com­ mander having assignment jurisdiction. may, upon ap­ proval of the Board of Directors. become a member of the Association." :3. The next annual meeting of the Illembers for the purpose ol the annual election of officers and directors HE members of our editorial staf!' arc pleased with will be held in December, 194,1. T the lllany leuers of commendation received on the '1. The directors shall be divided into three classes. first issue of the Journal. It is timely that public ac­ eq ual in number; directors of the first class shall be knowledgment of our debt of gratitude be here made to elected for a terlll of three years, directors of the second these men for their zeal and enthusiasm and for the class Jor a term of two ye,;rs, and the directors of the many hours, ouu;ide of duty hours, de\'oted to the work third class for a term of one year; at each annual elec­ or compiling our first issue. It is my guess that no other tion successors to the directors of the classes whose publication of this character ever achin'ed such sudden terms shall expire in that year shall be elected to hold world-wide acclaim. Our authors can now be thrilled office for a term of three years so t.ha t. the term of at the thought that their contributions receive global directors of one class shall expire in each year. No dist riJ)U lion. director shall hold ofiice for more than six consecutive This leads up to a pica for articles, news items, stories, years. photographs, and any other brain-child that might be 5. Provision is made for the appointment of sevell instructive, interesting, or amusing. Our editorial stafl members, none of whom shall be officers or directors, is very selective so if there is a rejection do not be dis­ to constitute a nominating committee. This committee couraged, keep on trying. It is a \\'orthwhile distinction shall submit to the secretary a list of nominees for the to be included in the list of contributors. election of oflicers and directors. It. is also provided t.hat A very large majority of our judge advocates arc nO\\' any mell1ber may be named for any oHice in the Asso­ enrolled as III embel'S of the Associa t ion. I t has not ciation by written nominations of 100 or more members been possible to reach e\'l?rybody and it is belie\ed made individually or otherwise t.o the secretary of the that those who have not yet joined have not been in­ As:ociation and received by him no lat.er than GO days formed of the fact that Judge Ad\'(lCates han? joined prIor to the annual meeting. The Sccretary shall mail together for the laudable purposes set forth in our every member in good standing at least 4:") days prior charter. Please note below the. remarks on the timc to any annual meeting a printed ballot containing- all limitation for obtaining a charter membership. the names of the nominees, alphabetically listed, for Because of the consl<lnt shifting of military personnel each office. The voting shall be by secret ballot.
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