Bulletin No. 23 October, 1956 The Judge Advoeate

Published By JUDGE ADVOCATES ASSOCIATION An affiliated organization 'Of the American Bar Association, composed of lawyers of all components of the Army, Navy, and Air Force

Denrike Building Washington 5, D. C. JUDGE ADVOCATES ASSOCIATION Officers for 1956-19;)7 NICHOLAS E. ALLEN, Maryland...... President THOMAS H. KING, Maryland ...... Fi1·st Vice President FREDERICK BERNAYS WIENER, Maryland...... Second Vice President J. FIELDING JONES, Texas...... _...... Secre.W!ry REGINALD FIELD, Virginia...... T•relUlurer JOSEPH F. O'CONNELL, JR., Massacbusetts...... Delegate to A. B. A. Directors Louis F. Alyea, Phil. Is.; Joseph A. Avery, Va.; Ralph G. Boyd, Mass.; John J. Brandlin, Calif.; E. M. Brannon, D. C.; Robert G. Burke, N. Y.; Eugene M. Caffey, D. C.; 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.; William C. Mott, D. C.; Allen W. Rigsby, Colo.; Gordon Simpson, Tex.; S. B. D. Wood, Pa.; Clarence L. Yancey, La.; Edward H. Young, D. C. Executive Secretary and Editor RICJIARD H. LOVE Washington, D. C.

Bulletin No. 23 October, 1956

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 The Annual Meeting...... 1 TJAG of the Army Reports: The Past Year...... 4 Air Force's TJ AG Reports to the Association...... 8 General Harmon Reappointed as TJAG of Air Force...... 13 Admiral Ward Named TJAG of Navy...... 15 Report of the Committee on the Status of the Lawyer in the A1:med Services ...... 1 7 General Hickman Adds a Second Star...... 24 Recent Decisions of CMA...... 28 General Mickelwait Retires...... 36 General Gardes Retires...... 37 Supreme Court Upholds Article 2 (11) UCMJ...... 38 t~~\eih~e~~1:~!:s E~~B~i~~~--~~-~~--~-~~~~~~-~t~-°-~--=-~--~~~~'.~~~~:::: :g Supplement to Directory...... 44

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 On August 28, 1956, at the El Major General Reginald C. Harmon, Fenix Club, Dallas, Texas, the Asso­ Rear Admiral Chester W. Ward, ciation held its annual social event. Chief Judge and Mrs. Robert E. Abandoning the customary annual Quinn, Associate Judge and Mrs. banquet with its head table, toast­ George W. Latimer, and Associat«! master and post-prandial speeches, Judge Homer Ferguson. Colonel Gordon Simpson and Lieu­ Earlier in the afternoon in the tenant Colonel Hawkins Golden, both Court Room of the United States of Dallas, arranged for an evening District Court for the Northern Dis­ of unadulterated fun. It must be re­ trict of Texas, the Association spon­ ported that they fully accomplished sored a ceremonial session of the their purpose. United States Court of Military Ap­ The Mexican atmosphere of the peals at which more than 150 law­ El Fenix established the style of the yers were admitted to practice before evening. The 200 members of the the high military court. The motions Association and their guests were for admission in behalf of active equipped with large sombreros on duty JAG's were made by The Judge admission and the men who lacked Advocates General of the respective natural upper lip foliage were sup­ Services. Motions of other members plied with attachable black mustach­ of the Association were made by ios. Those who wished to go the Richard H. Love, Executive Secre­ whole course in the Mexican manner tary of the Association. were invited to imbibe in tequila, but The business meeting of the As!lo­ for all the guests there was a never­ ciation was convened at 4 :00 p.m. on closing bar and more solid taste August 29th also in the Court Room teasers followed by the full Mexican of the United States District Court style dinner. Early in the evening for the Northern District of Texas. Captain Robert G. Burke, President The meeting was presided over by of the Association, officiated by con­ Captain Robert G. Burke. General ducting the dissection of a pinata Caffey and General Harmon reported with vigorous blows "disgorging fav­ on the work of their respective of­ ors on the gay crowd. After dinner, fices and the full texts of their re­ many of the members stayed to put marks are reported in this issue of Colonel Simpson's never-closing bar the Journal. to the test and to enj-oy dancing in Rear Admiral Chester W. Ward, the Latin-American manner. the recently appointed Judge Advo­ Absence of a head table by no cate General of the Navy, spoke means indicated a lack of honored briefly concerning his own office. Ad­ guests. Among those present were miral Ward dealt at some length with Major General Eugene M. Caffey, the extremely acute personnel prob­ The Judge Advocate Journal lem of the Office of The Judge Ad­ occasions. He pointed out that this vocate General in the Navy and an­ was a good sign that the Uniform nounced a plan which he is about to Code of Military Justice has estab­ propose for the re-organization and lished an acceptably good judicial re-vitalization of the law specialist system, that it is working and has program with the view of creating earned a good reputation. Judge real career possibilities and profes­ Latimer stated that the Court's pri­ sional recognition for Naval lawyers. mary interest is justice, but that on He proposed, pending legislation, to an equally high level is the Court's implement some of his ideas admin­ interest in the Services' disciplinary istratively, chiefly in the direction of and personnel problems and in those naming deputy and assistant TJAG's connections, he promised the Court's from the legal specialist billets in full support to each of The Judge the Navy so that they might become Advocates General. familiar with the duties of those of­ Captain Burke paid tribute to fices and become qualified for con­ Judge Paul W. Brosman, who had sideration for the highest. legal office died on December 21, 1955. Captain in the Naval Service. Admiral Ward Burke pointed out that Judge Bros­ was high in his praise of the civilian man had long been active in· the bar and particularly the Judge Ad­ work of the Association, and by his vocates Association for its work in outgoing personality, his inquisitive helping military and naval lawyers and scholarly mind and his untiring and especially the improvement of the energy, he had contributed much to Office of The Judge Advocate Gen­ military law and military lawyers. eral of the Navy. He stated that he He said that the Association and all was certain that the primary mission of its members were intensely proud of the Office of The Judge Advocate when Paul Brosman was elevated to General of the Navy has always been the bench of the highest military to provide justice for the men in the tribunal and with the same degree of Service and that most assuredly that intensity, had felt the loss of a great would be the end toward which his friend and sponsor upon his untimely office would continue to aspire. death. A resolution was passed that The Chief Judge and the Associ­ the Association take steps to have ate Judges of the Court of Military prepared a bronze plaque in memory Appeals also attended the business of Judge Brosman and secure its in­ meeting of the Association. Judge stallation in the Court House of the George W. Latimer addressed the an­ United States Court of Military Ap­ nual meeting as the spokesman for peals. the Court. Judge Latimer outlined Colonel Gordon Simpson was the work of the Court during the past awarded the past President certifi­ year and expressed pleasure and cate for his services to the Associa­ pride in the fact that civilian courts tion in the year 1954-1955. had called upon the military court The report of the Association's for judicial opinion upon military committee on the status of the law­ judicial subjects on ever increasing yer in the Armed Forces was sub­ The Judge Advocate Journal 3 mitted to the body and referred to Col. Michael L. Looney, the Board of Directors for consider­ District of Columbia ation and action. The full text of Brig. Gen. Stanley W. Jones, this report is included in this issue of Virginia the Journal. Capt. John J. Brandlin, California At the end of the meeting, the re­ Capt. Edward F. Huber, port of the Board of Tellers was read New York and the following were announced Lt. Col. Clarence L. Yancey, elected and installed in their respec­ Louisiana tive offices. Navy Col. Nicholas E. Allen, USAF-Res., Capt. S. B. D. Wood, Pennsylvania Maryland-President Capt. William C. Mott, Col. Thomas H. King, USAF-Res., District of Columbia Maryland-First Vice President Col. John E. Curry, Col. Frederick Bernays Wiener, District of Columbia USAR, Maryland- Air Force Second Vice President Lt. Col. J. Fielding Jones, USMCR, Maj. Gen. Reginald C. Harmon, Texas-Secretary District of Columbia Lt. Col. Reginald Field, USAR, Col. Allen W. Rigsby, Colorado Virginia-Treasurer Lt. Col. Louis F. Alyea, Lt. Col. Joseph F. O'Connell, Jr., Philippine Islands USAR, Massachusetts­ Maj. Gen. Albert M. Kuhfeld, Delegate to the American Bar District of Columbia Association After a few words of thanks to the members of the Association for Board of Directors honoring him as its President dur­ ing the past year, Captain Burke Army ordered the installation of Colonel Maj. Gen. E. M. Brannon, Nicholas E. Allen as President. Col. District of Columbia Allen expressed his pride in being Col. Edward H. Young, named as President of the Associa­ District of Columbia tion and expressed appreciation for Gen. Ralph G. Boyd, Massachusetts the opportunity of lending greater Col. Joseph A. A very, Virginia service to the legal establishments 'Of Maj. Gen. Eugene M. Caffey, the Armed Forces. District of Columbia Th~ Tenth Annual Meeting of the Col. William J. Hughes, Jr., Judge Advocates Association was ad­ District of Columbia journed in loving memory of the de­ Col. Abe McGregor Goff, Idaho ceased charter member, Judge Paul Col. Osmer C. Fitts, Vermont W. Brosman. TJAG of the Army Reports:

THE PAST YEAR *

Vie have had a good year on the , nize his legal problems so that he Army side in the law business. In would know when he had one. Now addition to advising on the current that general officer reacted like that legal problems we meet daily all because he knew the value of his staff over the world, we are keeping ·on judge advocate in the field. Vlhen with long range planning, with our he requested a lawyer on the ground system of continuing legal education, and I saw how many problems did with the development of our reserve arise that might need quick recogni­ activity. Vie have been making prog­ tion, I agreed to supply him with a ress in working hand in hand with substantial lieutenant colonel, Judge our brothers in the other services­ Advocate General's Corps, after he we look forward to still more of it­ had converted one of his line spaces and it is a point of real satisfaction. to a J AGC space, which he did. I I suppose, if I were to count our mention that because it demonstrates blessings and try to pick out a par­ that once a man has had a good ticular one as the most blessed, I judge advocate, he is going to want would choose the initiative and the a good judge advocate thereafter­ forward looking, constructive attitude not only to solve his problems, but of our officers-both those who are to lessen his problems-to keep prob­ on active duty and those in the ac­ lems from arising. tive reserve who, at a very honest It's worth your time and mine to sacrifice, are doing such a magnificent mention how our ready reservists job of keeping up their training. keep my morale up. I'll just give you There is a response from our one example. During VIorld VIar II, clients that shows the benefit of this one of our officers came to duty and attitude on the part of each man. performed outstandingly during the Just last week a senior officer took whole time. He went back home after over a large organization in the the war and took over the reins in a Pentagon. He has recently been with very busy law firm. But he always a large field command and he told found time to prepare for the night his depnty he wanted to meet his he gives the U. S. Army. Knowing judge advocate. Vlhen he found that how busy he was, he was told that they sent their legal problems to my he was only a year from retirement office, he said it wasn't enough, that and wouldn't be required to do his he wanted a lawyer around to reeog­ two weeks this summer. He wrote

*Report of Major General Eugene M. Caffey; The Judge Advocate General of the Army, delivered at the annual meeting of the Association at Dallas, Texas, on 29 August 1956. 4 The Judge Advocate Journal 5 back and said he didn't quit just be­ a variety of problems of a complex­ cause he could .see the finish line, that ity that would tax the wisdom of a he was going to sprint down the modern-day Solomon. Hundreds of stretch. He had a lot of ideas on opinions have been rendered in the career inducement which he thought past year concerning the obligations, would help us in one of our problem rights, duties and privileges, of mem­ areas-getting the right kind of bers of the Army, which have been young lawyers to make the regular ·occasioned by the enactment of laws Army a career. He came to active such as the Reserve Officer Personnel duty in June, wo~·ked like a Trojan, Act of 1954, together with its amend­ and made a sterling contribution to ments, the Reserve Forces Act of the study on career inducement which 1955, and the various amendments we will be submitting to the Deputy to the Selective Service acts, among Chief of Staff for Personnel in the others. The Judge Advocate Gen­ very near future. eral is required personally to deter­ Speaking of recruiting brings us mine for the Secretary of the Army around to numbers. \Ve have over the validity of marriages and di­ a thousand judge advocates on duty vorces in connection with dependency -over half are reserve officers. The benefits. My office now also advises quality of our officers from top to on each case of pecuniary liability bottom has never been better. Our acted on by the Secretary of the big problem is, as I have mentioned, Army. We are now engaged in draft­ getting the right quality of young ing, as well as advising on, the legis­ lawyers to come in and stay in. lation for the Army. We've also With our three-year active-duty pro­ just been assigned duties in connec­ gram for first lieutenants, we have tion with security cases, which duties kept the spaces for' younger officers require that my office send out an filled, but because they don't stay attorney-advisor to the Field Boards with us, we now have what amounts of Inquiry hearing each case. Accord­ to almost five years' worth of empty ingly, we are sending out senior spaces for young officers, lieutenants grade officers to all parts of the world and captains. We have, as I said, on a few days' notice. been making a study which we hope In the field of military justice, to forward through channels next we've been concerned with studying month. I'm not going into the con­ and recommending changes to the clusions and recommendations be­ Uniform Code of Military Justice, to cause no Department of the Army be enacted, we hope, by the coming position has been determined yet. Cong~ess. These changes include Any ideas that any of you have, how­ waiver of trial by a multi-officer court ever, we would appreciate. Just send by an accused pleading guilty before them in to my office. a general court-martial. At the same Shifting now to the general nature time, we've been struggling to hold of legal problems, and to new ones what we have against an onslaught that have come up, during the past of attacks concerning the jurisdic­ year, my office has been busy with tion of military tribunals. In this 6 The Judge Advocate Journal connection, the Supreme Court in the be there to make the dedicatory ad­ Toth case removed jurisdiction by dress. the services over former members. But the important thing about the In the Covert and Smith cases, on school is not the individual lock mail­ the other hand, the Supreme Court boxes nor the innerspring mattresses upheld the right of the military to for the students. The important thing try dependents accompanying them is the fact that men of intelligence overseas. In addition, a number of gather there to exchange ideas in special projects in military justice -military law and to listen to real have been undertaken because of the experts in the various subjects who Prisoner of War aftermath to the bring them up to date. Last year, Korean conflict. the school was again rated by the In the field of international af­ representatives of the American Bar fairs, Congress has recently passed Association as one of the most out­ a law authorizing the Secretaries of standing postgraduate law schools in the Armed Forces to employ counsel, the country. and to pay other expenses incident The Navy participates now in our to the representation of our soldiers program. Their first five officers ~efore judicial tribunals and admin­ graduated from the advanced course istrative agencies of any foreign na­ this Spring. The Navy chooses their tion. Substantially identical regula­ students just as carefully as we do tions of the three services in imple­ -and the instructors and students mentation of this authority are cur­ who worked and lived with the law rently undergoing publication. I be­ specialists last year have a genuine lieve that these regulations are a respect and admiration for their significant achievement in "Our con­ counterparts in the blue uniform. tinuing efforts to promote the wel­ They were, without exception, out­ fare of the American serviceman sta­ standing. Some of the theses pre­ tioned overseas. I want to state that pared by the Navy advanced stu­ the status of forces agreement has dents are already in use in the Penta­ generally worked very well, and that gon. our people who have to answer for We look forward to Navy partici­ offenses before foreign courts are pation in the basic course in the near being fairly treated. future-and the staff and faculty, in At the Judge AdV"Ocate General's particular, are looking forward to School, we are still going ahead. On the arrival of the new Navy instruc­ the 26th of September, we will dedi­ tor, who will teach Navy adminis­ cate the new school building. It has trative law and, in addition, counsel been built to our specifications by the research and planning division the State of Virginia with no in­ on the Navy and Joint Command as­ crease in the rate of rent. Secretary pects of their projects. I just hope Brucker, who helped us to get the he will be a man of stamina and en­ building when he_ was General Coun­ durance, because they are all look­ sel to the Secretary of Defense, will ing forward to his help. The Judge Advocate Journal 7

When I get to the subject of the back to their commands to continue school and Virginia, there's a danger as Jaw officers. Through what I ex­ that I talk too much-for every last pect to be model records of trial, we thing about it is wonderful-even will be able to show our appreciation the scenery. So I'll leave the school to Judges Quinn, Latimer, and Fer­ by stating that there is no phase of guson for the fine support they have the work there that is more import­ given to us. ant than the work of the non-resi­ In addition to the work at the dent schools division who not only School and that performed at my now provide a nine-year program of office, I now turn to the proof of the instruction for our officers not on ac­ pudding. At the local level, through­ tive duty, but who regard the indi­ out the world, officers of the Corps vidual problems of each officer as and civilian attorneys under their their own, and who don't hesitate to supervision have been performing enlist my personal aid in solving their assigned duties with great dis­ such problems-and I am always tinction. I know, because I have pleased to give it. It makes no dif­ traveled to these commands and have ference whether a judge advocate seen and heard from their field com­ lives in New York City where he can manders concerning their work. I train weekly with well over a hun­ cannot tell you how proud I am dred others or whether he lives in when I am told that they are indis­ Oskaloosa, Kansas, where he must pensable to a well-run command and train alone. At the end of nine years, when I read the letters and citations he can have the equivalent, in com­ concerning their work. pletely parallel training, of gradua­ There will always be a lot to be tion from both the basic and advanced done-both in bettering our every courses. day legal advice and our legal plan­ I must go back on my word and ning for the future. But we are do­ mention one other matter at the ing it, we are drawing closer to the School because it is so very im­ uniformed lawyers in the other serv­ portant. Next summer, at the latest, ices, and even though many tough we will start in with our course for problems lie ahead, we will find the law officers. The students will be answers as we have in the past, and senior officers who have been acting we can look forward to a good year as law officers and who will go right ahead.

The back pages of this issue contain a supplement to the Directory of Members, December, 1955. Air Force's TJAG Reports To The Association*

With the exception of last year association of the most wholesome when I was in Europe when your character. meeting was held in Philadelphia, During the Fiscal Year 1956, over this is the eighth consecutive annual 3700 Board of Review cases have come meeting which I have attended. Al­ through my office. The accused in ready this is four more than any per­ each and every one of those cases son should be permitted to attend in had a right to petition the Court of this capacity. Military Appeals. About 400 did pe­ I shall not burden you with many tition the Court and the Board of statistics. However, in 'Order that Review was reversed in 4 cases. you may get some idea as to how During the first five years which we military justice is being administered have been operating under the Uni­ in the Air Force and the relations of form Code of Military Justice, over the Judge Advocate General's De­ 19,000 Board of Review cases came partment of the Air Force with the through my office. Over 1500 peti­ Court of Military Appeals, it will be tioned the Court and 19 were re­ necessary for me to cite a few. I versed. From these figures, you will should like to say parenthetically at observe that the accused in about this point that our relations with the 10% of all cases petitioned the Court, C'Ourt of Military Appeals are of the and about 1% resulted in reversals very best as they have always been. by the Court. In other words, the We do not agree on all things but reversals amount to about 1 out of neither do the members of my de­ 100 of the cases in which petitions partment always agree with each were filed or 1 out of a thousand of other. In fact, my relations with the all cases handled by Boards of Re­ closest friends I have in this world view in the Air Force. are always subject to my right to During the Fiscal Year 1956, I disagree with those friends and they certified 6 cases to the Court because with me when we feel like it. There­ I disagreed with the Board of Re­ fore, any disagreements we might view. The Court affirmed 2, affirmed have should never be taken as an in­ 1 in part, reversed 2 and 1 is still dication of bad relations but on the pending. During the first five years contrary should be interpreted as an which we have been operating under

*Report of Major General Reginald C. Harmon, The Judge Advocate Gen­ eral of the Air Force, delivered at the annual meeting of the Association at Dallas, Texas, on 29 August 1956. 8 The Judge Advocate Journal 9 the Uniform Code, I certified 21 an honorable separation rather than cases to the Court. Seven were af­ a dishonorable one with the accom­ firmed, 1 was affirmed in part, 9 panying stigma and disgrace which were reversed, 1 reversed in part, may make them burdens on society and 3 are still pending. Now, .from rather than useful citizens in future these figures you can observe that years. the cases which have been certified I have also felt that The Judge involved questions which are close Advocate General not only had clem­ indeed, because the Court has de­ ency powers but a very serious clem­ cided with the Boards of Review in ency responsibility, and in order to be about half of the cases and with in a position to properly discharge me in about half, so neither they that responsibility, we established nor I have much room for boasting. several years ago that very import­ During the five year period as well ant part of our procedure in the ad­ as during the Fiscal Year 1956, con­ ministration of justice known as the vening authorities have reduced con­ post-trial investigation. In each case finement in between 13 and 14% of the staff judge advocate conducts a the cases and have suspended the thorough investigation after the trial, execution of punitive discharges in including a conference with the ac­ between 23 and 24% of the cases. cused, his commanding officer, the Further clemency has been extended chaplain of his faith, the prison of­ by Boards of Review by modifica­ ficer, the psychiatrist and any others tions for legal reasons and reduction who may possess relevant informa­ in sentences for appropriateness as tion on the questions of why did the well as reductions in confinement accused commit the offense and does and suspension of discharges by The he possess the qualities which will Judge Advocate General and the rec­ make him a suitable candidate for ommendations to the Secretary for clemency or rehabilitation. the substitution of administrative In addition to all of the other types discharges in lieu of punitive dis­ of clemency and efforts at rehabili­ charges. As you know, since the be­ tation, which are exercised within the ginning we in the Air Force have various units of the Air Force itself, felt very strongly that our responsi­ in 1952 we established the Retrain­ bility did not end with the conviction ing Group at Amarillo in a further and punishment of offenders but ex­ effort in making good airmen and tended to and included every effort e;ood citizens out of bad ones. Ap­ within our power to reform and re­ proximately 3100 prisoners have habilitate those offenders wherever been processed through that Retrain­ possible. In addition to the conser­ ing Group. Of that number, 65% vation of manpower, we have always have been returned to the Air Force felt that society would be best and further military service. Of this served by making good airmen out 65%, approximately 71% are pres­ of bad ones in order that they may ently either on a productive duty return to their respective homes at status or have earned a subsequent the conclusion of their service with honorable separation from the Air 10 The Judge Advocate Journal

Force on the expiration of the term tion of the criminal law, both in the of their enlistment. This means that service and out of it, in addition to 3100 people who were too bad to re­ seeing that all of the rights of the habilitate within the units themselves accused are completely protected, the but still had enough good in them guilty must be punished in order to give some hope of rehabilitation, that the law abiding citizens of 'OUr have been retrained at Amarillo and land may be protected from the law­ nearly half of them are good citi­ less. zens today either in the Air Force. There is another matter totally un­ or out of it. I submit that the effort related to the discussion this far has been worth while. which I would like to mention to you Since the war, much consideration at this time. The military service is has been given in protecting the finding it increasingly difficult to com­ rights of the accused before the trial, pete with civilian opportunities in at the trial and during the appellate the retention of young lawyers on process. Certainly, every member of active duty. We have about 1200 our profession will always enthus­ lawyers on active military duty in iastically approve every effort to see the Air Force. Approximately half that every accused is clothed with of them are lieutenants. About half all of the safeguards of protection of those lieutenants are separated afforded by our Constitution and Jong from the service each year which recognized and cherished by our means that we have an annual turn­ people. However, in affording that over of about one-fourth of our law­ protection, I think we always have yers. I am sure that every lawyer to remember that there is another present here today realizes that this party to the proceedings, to wit, the is not a good situation. In the first people. We should never become so p1ac:E., it means that the people who blinded by our diligence to protect Hre rEsponsible for about half of our the rights of the man charged with work are inexperienced and unable crime that we do not recognize the to do half of it which makes an ad­ harm to society resulting from his d1.tiona.l burden on the experienced. violations. In an address before the Furthermore, the supervisory bur­ Law School of Yale University, June dens are far greater than they 26, 1905, on the subject of the ad­ should be in order to make sure that ministration of criminal law, a dis­ a good legal product is turned out. tinguished lawyer from Cincinnati, In the second place, the long range Ohio, then I believe Secretary of results of this tremendous turnover War and later destined to be both at the bottom are even more alarm­ President and Chief Justice of the ing. While we have adequate people United States, William Howard Taft in the top grades and adequate in issued a stern warning in this con­ the lowest commissioned grades, we nection to future generations. I do are extremely short in the middle in not join in all of his apprehension the grades of captain and major. but with one thing we must agree The lieutenants are simply not stay­ and that is that in the administra­ ing long enough to grow up to be The Judge Advocate Journal 11 captains and maJors. In future years elsewhere. Three almost unanimous as the men who are now colonels and recommendations from Judge Advo­ lieutenant colonels retire with an in­ cates in the field to solve the reten­ adequate number of captains and tion problem were: First, to increase majors growing up to take their the monetary benefits of the officers place, it simply means that the per­ concerned; second, to increase their centage of lieutenants and inexper­ promotion; and third, to increase ienced people is going to increase un­ their professional prestige. I sum­ less we can contrive some success­ marize briefly these problems and ful program to retain them in the express the hope that your organiza­ service. Furthermore, as so'On as the tion may render such assistance as influence of the draft is relaxed or your officers deem appropriate in released, our problem will not be helping the military services solve limited to retention, it will be ex­ this problem. panded to include a procurement In closing, I should like to thank problem as well. you for the unqualified supp'Ort which My concern with this problem has you have given me through the years. extended back several years and in As you no doubt recall, we started an effort to find out the real causes, from nothing eight years ago with three or four months ago I sent out the problem of building a new legal a letter to my Judge Advocates in department. Your kind cooperation the field asking why the young fel­ and indulgence as well as those of lows do not want to stay in the the Bar generally have been very service. The answer we received comforting and encouraging during brought out generally that the young these years. This has meant even fellows enjoy their service, they more to me because of the fact that think they receive fine experience we were building a new department. from it, and generally their morale If there is anything I can do or the is high, but they are not staying in members of my department can do to the service for the reason that they reciprocate, please feel free to call think they can make m'Ore money upon me.

The Judge Advocates Association is a national legal society and an affili­ ated organization of the American Bar Association. Members of the legal profession who are serving, or, who have honorably served in any component of the Armed Forces are eligible for membership. Annual dues are $6.00 per year, payable January 1st, and prorated quarterly for new applicants. Ap­ plications for membership may be directed to the Association at its national headquarters, Denrike Building, Washington 5, D. C. 12 The Judge Advocate Journal

Official U.S. Air Force Photo

Maj. Gen. Reginald C. Harmon The Judge Advocate Journal 13

General Hannon Reappointed As TJAG Of Air Force

Major General Reginald C. Har­ As the chief legal officer of the mon, The Judge Advocate General of Air Force, General Harmon heads a the United States Air Force, was legal organization which is one of reappointed for a third term on 5 the largest law firms in the world September 1956. He was appointed under one centralized control. He the first Judge Advocate General of has approximately 1300 military and the Air Force on September 8, 1948, civilian lawyers under his supervi­ shortly after it became a separate sion. military department and has served For many years before World War continuously in that capacity since II, he was actively engaged in the that time having been reappointed practice of law in Urbana, Illinois, for a second four-year term on Sep­ where he was twice Mayor of that tember 8, 1952. His new term will City. He was commissioned as a Re­ continue until the date of his manda­ serve officer in June 1926, and called tory retirement from the military to active military duty in the fall of service March 31, 1960. 1940. After serving twenty years as General Harmon's long tenure a Reserve officer, he was commis­ as The Judge Advocate General of sioned in the Regular Army in July one of the military services estab­ 1946 and transferred to the Regular lishes a record which has not been Air Force the following year. He equaled in modern times when mili­ holds the permanent grade of Major tary legal departments have been General in the Regular Air Force. anything like their present size, and General Harmon is a member of the which has been equaled on but very Judge Advocates Association and is few occasions in the entire history of currently a member of that Associa­ the United States. tion's governing body.

~-

The Journal is your magazine. If you have any suggestions for its im­ provement or for future articles, please bring them to the attention of the Editor. We invite the members of the Association to make contributions of articles for publication in the Journal. Publishability of any article submitted will be determined by the Editor with the advice of a committee of the Board of Directors. 14 The Judge Advocate Journal

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Rear Admiral Chester Ward The Judge Advocate Journal 15 Admiral Ward Named TJAG Of The Nauy

Rear Admiral Chester Ward has versity, he received his LL.B. and been appointed to a four-year term his LL.M. from The George Wash­ as The Judge Advocate General of ington University Law School. He the Navy. Immediately prior to the is a member of the legal honor so­ assumption of his new post, Admiral ciety, Order of the Coif, and is a Ward served as Staff Legal Officer on past president of the Washington, the staff of Admiral Felix B. Stump, D. C., chapter of that society. He Commander In Chief, Pacific, and has been admitted to the practice of Commander in Chief, United States law in the District of Columbia since Pacific Fleet. 1935 and is a member of the bar of Admiral Ward brings to his as­ the United States Supreme Court. signment as the Navy's chief law He is a member of the American Bar officer a happy blend of Navy and Association. In 1940 he was made legal experience. Prior to World an Associate Professor of Law at War II, he had over thirteen years' The George Washington University experience in the Naval Reserve. He Law School, having taught there became a naval aviation cadet in from the time of his graduation in 1927 and was initially commissioned 1935. He has in addition been Sen­ as an ensign and designated a naval ior Legal Editor and Assistant Edi­ aviator in 1928. His early active tor of The United State·s Law Week, duty assignments covered more than Co-Editor of Administrative Inter­ three years, and included tours at pretations, Legal Editor of Labor Re­ NAS Pensacola; with Torpedo and lations Reporter and Labor Relations Bombing Squadron 9; and with Reference Manual, and Faculty Edi­ Scouting Squadron 6 and as Junior tor of The George Washington Law Aviator, USS DETROIT. There fol­ Review. He has written leading ar­ lowed over ten years of active par­ ticles for the Harvard, Yale, Vander­ ticipation in Reserve aviation train­ bilt, and George Washington Univer­ ing. Admiral Ward returned to ac­ sity law reviews. His civilian law tive duty in June, 1941, and has been practice included work as a consult­ on duty continuously since that time. ant in contract law and labor rela­ He was promoted to the rank of cap­ ti'ons, as well as his many years as tain in the Naval Reserve in 1945, professor of law. was commissioned in the regular For the past fifteen years, Ad­ Navy in that rank in 1946, and be­ miral Ward has been performing came a law specialist at the incep­ N.avy legal duties in a variety of tion of the law specialist program in responsible assignments. Prior to his 1947. most recent tour of duty as Staff Admiral Ward has had extensive Legal Officer of the Navy's largest legal training and experience, both area and fleet command, first under civilian and military. After receiv­ Admiral Radford and then under ing his B.S. from Georgetown Uni­ Admiral Stump, he was District Le­ 16 The Judge Advocate Journal gal Officer of the Twelfth Naval Dis­ than ten thousand claims which arose trict. He reported to that assignment from the explosions at the Ammu­ just before the outbreak of the Ko­ nition Depot at Port Chicago, Cali­ rean hostilities and served there for fornia, in 1944; and he handled three years when legal activity at many other imp-ortant special proj­ the San Francisco port of embarka­ ects for the Judge Advocate Gen­ tion was at its Korean War height. eral. For these and other assign­ He came to San Francisco from the ments, Admiral Ward holds a Secre­ Office of the Judge Advocate Gen­ tarial commendation and ribbon for eral where he had served as Director '· outstanding performance of duty in of the Administrative Law Division. the Office of the Judge Advocate He had previously been Director of General. the General Law Division, Office of Admiral Ward now has nearly JAG, when that division handled all twenty-five years of intensive and admiralty, taxation, international varied experience in numerous fields law, legal assistance, and claims mat­ of law, both civilian and military. ters for the Navy. While in the Of­ For nearly thirty years-ever since fice of JAG, Admiral Ward drafted his enrollment as a Naval Aviation the charter party which was used in Cadet at the age of 19-he has been the lend-lease of naval vessels to dedicated to the Navy. He is a naval scores of nations. He was the au­ officer with a professional specialty. thor of the "Agency Clause" which He believes in putting that specialty saved the Navy scores of millions of to work for the greatest possible dollars in state and local taxes under benefit of the Navy, and to promote Navy contracts and purchase orders the effectiveness of the sea power of and which was upheld by the Su­ the United States. Navy lawyers, he preme Court of the United States as feels, are most fortunate. In no other a valid method of conserving naval way can two careers, each offering appropriations. He was instrumen­ so much in professional satisfaction tal in prescribing the procedure for and personal happiness, be combined settlement and payment of the more in one lifetime.

JAA Award To Midshipman Elpers The Association's Award for scholarly attainments in the study of military law was presented to Midshipman William Wendell Elpers, First Class, United States Naval Academy, at a ceremony held at the Academy on May 31, 1956. Captain 0. Bowie Duckett (11th Off.), a charter member of the Association, now engaged in the private law practice at Annapolis, made the presentation as the representative of the Association. The Judge Advocate Journal 17

Report of the Committee on the Status of the Lawyer in the Armed Services*

At the June, 1956 meeting of the been gathered to warrant a prelimi­ Board of Directors of the Judge Ad­ nary report. The short period of vocates Association reports were sub­ time given the committee within which mitted which indicated that the serv­ to act precludes preparation of a ice attorney was not enjoying the lengthy and detailed report. This professional prestige to which his report is interim in nature, and a educational attainment and compar­ final report will be submitted to the able standing in the civilian commu­ Judge Advocates Association prior to nity entitle him. This alleged lack its convention in 1957. of professional prestige, with certain other factors, has created difficulty The Facts for the services in procuring and re­ The implementation of the Uni­ taining qualified lawyers. On the form Code of Military Justice in basis of that report, this committee 1951 substantially increased the re­ was appointed to investigate the quirements for qualified lawyers in status of the lawyer in the service the armed services. In addition to and to make recommendations as to this increase there is a continuing ways and means to improve his requirement for work in civil law status. matters such as contracts, procure­ Procedure ment, tax matters, patents, claims, In order to obtain the necessary international law, and the ever information upon which to base its broadening field of military affairs.' rep'Ort, the committee has discussed The field 'Of the military lawyer is the subject at length with officers in even broader in scope than that of the legal departments of each serv­ the average government attorney, ice. Finally, a meeting was held since the former deals with both civil with the Judge Advocates General and criminal law. or their representatives. It is con­ Concerning the scope of activity of sidered that sufficient material has the military attorney, it is interest­

* This report does not represent the official view of the Association at this time but it is illustrative of matters receiving current consideration by the Association and does very clearly point up a matter of great concern to the military services in general and military lawyers in particular. The Commit­ tee making this excellent report was composed of Major General E. M. Bran­ non, USA-Ret., Chairman and Commander J. Kenton Chapman, USNR and Captain William C. Hamilton, Jr., USAF, members. 'See: Pamphlet "Legal Career Opportunities in the Judge Advocate Gen­ eral's Corps Regular Army-; "The Lawyer in the Air Force" by Maj. Gen. Reginald C. Harmon, The Judge Advocate Journal, May, 1956. 18 'fhe Judge Advocate Journal ing to note that the Hoover Commis­ However, beginning this year the De­ sion in its report on Legal Services partment can no longer depend on and Procedure has made certain rec­ the ROTC officer-lawyer since all stu­ ommendations which would limit the dents, with rare exceptions, now en­ field of judge advocates and legal tering the advanced class are re­ specialist to military justice and mili­ quired to sign for flight training. tary affairs matters. (See A Report No further input can be expected to Congress, Commission on Organi­ from this source. zation of the Executive Branch of The retention rate of this group the Government, Legal Services and is practically zero, leaving no input Procedure; Recommendations 10 and into the grades of captain and major. 20.) The American Bar Association At this time the Air Force legal de­ has recently gone on record as fa­ partment consists of 51 % lieutenants voring these recommendations. This as against an 8% authorization, few committee believes that such action of whom under existing conditions was taken without full knowledge of will remain beyond their obligated the facts. tours of two and three years. The Since the status of the attorney in situation is getting progressively the military service is directly re­ worse each year. Older lawyers are lated to the problem of retention of being retired and there are not suf­ qualified attorneys by the legal de­ ficient experienced officers available partments of the Services, it is con­ to replace them. The total effect of sidered pertinent to this report to this trend has been to drastically re­ outline the staffing problems existing duce the experience level of the in each and the efforts being made Judge Advocate General's Depart­ to correct them. ment, USAF, which trend continues even in the face of expanded re­ The Air Force. An analysis of quirements. the personnel situation in the Air This year, the Department has Force shows a manning of 24% and been forced to again enter the direct 34% less than the overall Air Force commissioning field as a source of manning strength in the grades of input with a quota of approximately captain and major, respectively. On 175 lawyers needed. The small re­ the other hand there is a large over­ call and direct commission quotas age in the grade of lieutenant. Input have been barely filled in the past. of officer-lawyers into the Judge Ad­ The ability to meet minimum re­ vocate General's Department of the quirements has been primarily due Air Force has been for the past three to the existence of selective service years from the ranks of ROTC grad­ and the lawyers vulnerability there­ uates who have been granted a three­ to. Even so, selective service will year delay in their call to active duty continue to drive into JAG commis­ in order to complete law school and sioned ranks new law school gradu­ qualify for the practice of law. Some ates who choose commissions as the few direct commissions . have been alternative to being drafted as an granted in the lieutenant grade. enlisted man for two years. How­ The Judge Advocate Journal 19 ever, these young officers can be ex­ from the service in FY 1957. Here pected to remain only for their ob­ it is also evident that the necessary ligated tours of active duty. build-up of experience legal person­ Recent legislation authorized in nel is not being achieved. lieu of draft, six months enlistment for active duty and seven and one­ The Navy. From the information half years obligated reserve service. received it would appear that the Initial experience indicates that un­ Navy's problem of retention is com­ der this program the difficulty in ob­ parable to that of the Army and Air taining candidates for direct com­ Force. The Navy has attempted, missions is greatly increased. without much success, to obtain for legal specialist duties service law­ The Judge Advocate General, US yers with line experience. AF, has solicited opinions and rec­ ommendations from judge advocates The American Bar Association in the field as to ways and means of should be vitally concerned with the combatting the problem of retention. proper and effective administration The replies received have been made of military justice and should ap­ available to this committee and will preciate the fact that experienced at­ be discussed infra. torneys are required in order that the Uniform Code of Military Jus­ The Army. The Army is experi­ tice be successfully administered. encing an identical problem in reten­ Such is no longer the sole responsi­ tion of experienced personnel. Re­ bility of the Military Service, but serve appointments entailing three with the advent of the Code, it is also years active duty have been granted the responsibility of the legal pro­ to 1,000 individuals as first lieuten­ fession. ants, Judge Advocate General's An examination of comments re­ Corps, since 1951. Of that number, cei ved by The Judge Advocate Gen­ only nine have elected to remain on eral, USAF, in response to his in­ active duty after completing their re­ quiry aforementioned, and the addi­ quired period of service, two of these tional material presented to this extended their active duty tours in committee, indicates that most serv­ order to accompany their units to ice attorneys are dissatisfied with Europe, six to try for regular Army commissions, and one to remain on their position and feel that their pro­ active duty in reserve status. Since fession is considere·d second-rate, not 1954, nineteen regular officers, mostly only by the services, but by their in the grade of captain, have re­ professional associations. An analy­ signed their commissions. sis of the material obtained, repre­ At this time, the Judge Advocate senting the opinions of many hun­ General's Corps is composed of ap­ dreds of judge advocates serving in proximately 43% lieutenants in a all levels of command, warrants our ratio of 496 to a total strength of placing the reasons for this dissatis­ 1,156 officers. Two hundred and four faction within three general cate­ of these lieutenants will be separated gories: 'rhe Judge Advocate Journal

Pay. Officer-lawyers of all serv­ private practice or to accept lucra­ ices feel strongly that their profes­ tive positions with civilian enter­ sion is the object of discrimination prise. in the matter of pay. While the re­ quired educational attainment of an Promotion. Studies of the promo­ attorney is equal to that of other tion system show that lawyers in the professional groups and considerably service have fared well generally in more than that required of 'Officers promotion to higher grades. The in­ skilled in the military profession clusion of judge advocates and legal alone, reimbursement is not pro­ specialists on general promotion lists vided for on an equitable basis. This is producing favorable results, pri­ inequity can be illustrated by refer­ marily because of extra considera­ ence to a table prepared by the Air tion given the educational level of Defense Command, United States Air the lawyer as compared to the edu­ Force, showing the salary dispari­ cational attainment of the line of­ ties between certain officer categories ficer. On the other hand, there was by age. The fact must be borne in complete agreement among the Judge mind that officers of the professional Advocates General or their represen­ groups such as doctors and lawyers tatives that the initial grade of first must begin their military career no lieutenant or equivalent, if adequate, less than three years later than those was adequate recognition only for officers considered non-professional. the recent law school graduate, and Four types of officers were consid­ that either civilian or military ex­ ered: (a) Pilot, (b) Non-rated perience of one year's duration should ROTC officer, (c) Doctor, and (d) entitle him to advancement to the Lawyer. This chart indicates that next higher grade. It should be noted at age thirty, the normal yearly here as a point of comparison that service income of the pilot is $10,­ prior to World War I the initial 334.00, the non-rated ROTC officer­ grade for the judge advocate was $6,860.00, the Doctor-$8,660.00, and major, prior to World War II, cap­ the Lawyer-$6,229.00. At age forty­ tain, and presently, first lieutenant. five the disparity is greater: Pilot­ In the meantime, professional re­ $14,142.00, non-rated ROTC officer­ quirements of education and admis­ $11,202.00, Doctor-$14,202.00, and sion to the Bar have increased tre­ Lawyer-$10,827.00. mendously under constant pressure A second factor of great import­ from the American Bar Association. ance involves the present income pro­ ducing opportunities of the attorney Prestige. It is recognized that in civilian life. Many officers have this category overlaps the preceding accepted legal p·ositions with the Fed­ two. That increased pay and ad­ eral Government at substantially vanced promotion will go far to en­ larger salaries than they were re­ hance the prestige of the attorney ceiving in the military service. In among his service contemporaries addition, many officers have been cannot be doubted, yet there are other leaving the military service to enter factors requiring change in order The Judge Advocate Journal 21

that the military lawyer may attain ·and technical, comparable to the first-rate professional status. field of civilian criminal law; the The standing of the military at­ :same legal principles apply; the same torney cannot be improved until pro• general procedure prevails. A court­ vision is made to equate his rank martial is now a criminal action in with that of the other members of the strictest sense of the word. The the ~ommander's staff upon which he fact that judge advocates and legal serves. An organization commander specialists devote at least 50% of cannot be expected to repose com­ '.their time to civil law matters as plete faith and trust in a young law menti'Oned previously is a factor of school graduate holding the grade of no little consequence, particularly in second or first lieutenant when all view of the fact that many legal other officers on his staff are in the problems with which they deal are higher grades of major, lieutenant of greater importance and conse­ colonel, and colonel. This is the situ­ quence than those which many of ation facing all services to a de­ their civilian contemporaries will gree, yet predominently existent in ever handle. The service attorney the Air Force where many base com­ strongly desires that military prac­ manders have as their assigned staff tice be recognized as the practice of judge advocates officers in the grade law. of second or first lieutenant. A Defense Advisory Committee on This situation cannot be corrected Professional and Technical Compen­ until inducements are provided which sation (Cordiner Committee) has re­ will procure and retain qualified of­ cently been appointed, charged with ficers. One of these inducements the responsibility of recommending must be acknowledgement of his pro­ an adequate solution to the problem fessional status by the military, the of personnel retention. It has been civilian community, and his profes­ recommended to that committee that . sional associations. it include within its study the spe­ The popular belief, held even by cific problem of retaining qualified some attorneys, that the field of the officer-lawyers on active duty in the service attorney is limited in scope to Air Force. the administration of military jus­ Recommendations tice, is completely erroneous and should be corrected. Further, the It is therefore recommended by this rather widely held belief that mili­ Committee that: tary justice does not require the serv­ 1. This Association go on record ices of a lawyer but can be handled as supporting additional pay for the equally well by a line officer, is a service attorney. holdover from the old Articles of The professional status of the at­ War and the experience of officer­ torney must be recognized even lawyers during World War IC though he is in uniform and special­ The field of military justice under izing in a field little known to other the Uniform Code of Military Jus­ members of his profession. Addition­ tice has become highly complicated al pay as provided other professional 22 The Judge Advocate Journal groups would assist in obtaining this a civil nature. In addition, the broad recognition from the Bar and the military legal experience received by civilian community. Such recognition the service lawyer from his handling would acknowledge the value of legal of both civil and criminal matters services to the military, greatly as­ benefits the legal profession gener­ sist in solving the problem of reten­ ally. The degree of present dissatis­ tion of qualified lawyers in the mili­ faction would be tremendously in­ tary service, and would tend to elim­ creased by acceptance of recommen­ inate the salary disparity mentioned dations that would restrict the mili­ above. tary legal field narrowly and un­ necessarily. It is unfortunate that 2. This Association go on record the American Bar Association has as supporting the proposal that grad­ gone on record as favoring these re­ uate lawyers who have been duly strictive Hoover Commission recom­ admitted to practice and initially mendations. This action has had an commissioned in the grade of first adverse effect on morale since it ap­ lieutenant or its equivalent be auto­ pears to be a serious reflection on matically promoted after one year's the capabilities of the service law­ service. yer. Such a policy would tend to equate the officer-lawyer with other officers 4. Appropriate representation be of his age group, recognize his edu­ made to the Cordiner Committee by cational achievement, and increase representatives of The Judge Advo­ the experience level of the legal de­ cates Association a,nd The American partments by inducing him to remain Bar Association supporting addition­ on active duty for an extended period. al pay for service lawyers. Other professions have benefited 3. This Association go on record greatly through the backing of their as being strongly ·opposed to the professional associations. The Amer­ floover Commission recommendations ican Medical Association has not that would have the effect of limit­ limited its activities to the support ing the field of the military lawyer of the civilian physician, but con­ to military justice and military af­ tinues to consider the military doc­ fairs. tor as a member of the medical pro­ Such a limitation would seriously fession. The two pay increases and damage the professional prestige of other special benefits received by the military lawyer. For years the medical officers were strongly sup­ services have recruited and obtained ported by that association. the services of law school graduates who have finished in the upper half 5. The Judge Advoootes Associa­ of their law school classes. The legal tion recommend to the American departments of which they are or Bar Association the establishment have been a part are well qualified within its organization of a section from organizational, professional, of military law. and geographical points of view to The American Bar Association as handle all military legal matters of a whole must recognize the fact that The Judge Advocate Journal 23 military law is a legal specialty and in the armed forces as an adjunct to that its practice constitutes the prac­ the proposed section of military law. tice of law on a par with civilian This committee provides a vehicle and governmental practice. Fully for the support of the service attor­ 50% of the military lawyers are now ney and advancement of his interests members of that organization, the as the need may appear. It also pro­ Army leading· with almost 100%. vides for an effective liaison between This percentage is greatly in excess the service lawyer and the American of the percentage of civilian attor­ Bar Association. neys belonging. These officer-lawyers The present dissatisfaction of at­ have shown their interest in their torneys in the service and the in­ professional association. It is now ability of the military service to re­ time for the association to show its tain experienced lawyers are but interest in them and to acknowledge cause and effect. It is incumbent their legal specialty. Such acknowl­ upon the American Bar to take the edgement was made by the Section lead in effecting a solution. of Legal Education and Admission to The aforegoing report was made the Bar in its report on the visit to at the Annual Meeting of the Judge the Judge Advocate General's School Advocates Association at Dallas. It in Charlottesville, Virginia. was referred to the Board of Direc­ 6. The Association recommend to tors with Appendices containing sup­ The American Bar Association the porting data for consideration an·d continuance as a standing committee action. The committee will continue of the special committee on lawyers its study and make further reports.

Regional Meeting In Baltimore Members of the Association in the Mid-Atlantic States will have a luncheon meeting on October 12, 1956, at the Lord Baltimore Hotel, Baltimore, Mary­ land. This event is scheduled during the American Bar Association Regional Meeting to be held in Baltimore, October 10-12. As guest speaker at the JAA luncheon will be Rear Admiral Chester W. Ward, recently appointed Judge Advocate General of the Navy. Douglas N. Sharretts and Howard H. Con­ away of the Baltimore bar are the committee on arrangements. There is also scheduled a Legal Assistance Conference under the auspices of the A.B.A. Committee on Legal Assistance for Servicemen to be held beginning at 2 :00 p.m., October 12th. Among those conducting the conference are Col. Charles M. Munnecke, JAGC, and Cdr. Anthony J. Caliendo, USCG, both members of our Association. 24 The Judge Advocate Journal

General Hickman Adds A Second Star

Major General George W. Hick­ Judge Advocate of the 98th Infantry man, Jr., a native of Kentucky, re­ Division, then Staff Judge Advocate, ceived the stars of his new rank from of the XIII Corps; thereafter he was Lieutenant General Walter L. Weible, assigned to the War Department. In Deputy Chief of Staff for Personnel, 1946, he was made Executive Officer at the Pentagon Building, Washing~ of the Judge Advocate Office, Far ton, D. C., on August 1, 1956. At the East Command. In 1948 he was as­ same time, General Hickman took the signed to the Office of The Judge oath of office as The Assistant Judge Advocate General, Department of the Advocate General of the Army. Army, ·washington, D. C., and served General Hickman was nominated as Chief of Claims and Litigation for his present position by the Pres­ Division from July 1948 until J anu­ ident on July 20, 1956, and the nomi­ ary 1949. nation was confirmed by the Senate In February 1949, he returned to on July 27, 1956. Japan as Staff Judge Advocate of The son of a lawyer, he was born the Far East Command. During the in Calhoun, Kentucky, February 3, first trying years of the Korean con­ 1904. He entered the Army from flict, he also served as the Staff Judge Madisonville, Kentucky. He was com­ Advocate, United Nations Command. missioned a second lieutenant, Regu­ From 9 July 1951 to 8 May 1952, he lar Army, on June 12, 1926. He is served as senior legal adviser with the fourth Kentuckian to enjoy high the United Nations Command Dele­ rank as a Judge Advocate in the gation during the cease-fire and arm­ Army, following Judge Advocate Holt istice negotiations. He returned to in the Sixties, Judge Advocate Gen­ the United States in July 1952 and eral Gullion in the Thirties, and was assigned as chairman 'Of a Board Major General Shaw, who retired in of Review in the Office of The Judge 1954. Advocate General, Department of the General and Mrs. Hickman live at Army. 1529 44th Street, N. W., Washing­ In October 1952, he became the ton, D. C., with their three daughters, Executive Officer in the Office of The Margaret, Patricia and Mary Lee. Judge Advocate General. He was A graduate of Harvard Law School, appointed Assistant Judge Advocate with additional postgraduate train­ General for Civil Law Matters in ing at Columbia University and the May of 1954 and served in that ca­ Harvard University Graduate School pacity until appointed The Assistant of Business Administration, General Judge Advocate General on August Hickman has had wide legal experi­ 1, 1956. ence throughout all levels of the His decorations include the Legion Army. With the outbreak 'Of World of Merit, with two Oak Leaf Clust­ War II, he was soon made the Staff ers, and the Bronze Star Medal. The U . S. Army Photograph

Major General G. W. Hickman, Jr., Assistant Judge Advocate General of the Army, holding the two star General flag which was presented to him by Lt. General W. L. Weible, Deputy Chief of Staff for Per­ sonnel. Looking on are the General's three daughters, (L. to R.) Margaret, Patricia and Mary Lee and Mrs. Hickman. Ceremony held in the Pentagon, Washington, D. C. 26 The Judge Advocate Journal decorations of which he is the proud­ avocations and extracurricular pur­ est, however, are the three young suits are his fondness for a night ladies shown in the picture--and the around the piano singing with his credit for these he must share with friends, for a good game of bridge, Mrs. Hickman. Among his varied and for a good cigar.

lfu :!lrmnriutn

The members of the Judge Advo­ Arbor in August 1943 and served as cates Association profoundly regret a judge advocate officer with the 42nd the passing of the following members Infantry Division in the ETO until whose deaths are here ·reported and his separation from the service in extend to their surviving families 1945. He was a prominent lawyer and relatives deepest sympathy: and active civic leader in his com­ Judge Wesley T. Crozier of Wash­ munity and his death at age 43 came ington, D. C., died on 20 July 1956. as a shock and extreme loss to his Judge Crozier served as Chief Ex­ many friends both in civilian and aminer, Military Justice Division, military law circles. He was a char­ JAGO, in the Department of the ter member of this Association. Army"for fourteen years. The many Captain Clarence M. Lawyer, Jr., members of the Corps who received of York, Pennsylvania, a charter help from him in the field of military member of this Association, died 17 justice over the years are saddened May 1956 at the age of 43 years. by the loss of a true friend whose Captain Lawyer was an active and devotion to duty and continuing ef­ able lawyer, well known and affec­ forts to improve the administration tionately regarded by the residents. of military justice served as a real of his community, the bench and bar inspiration to all who knew him. of his home state and his many Captain John N. Embler of Walden, friends in the Judge Advocates As­ New York, died in his sleep on 26 sociation. July 1956 of a heart attack. Cap­ Colon.el James Archibald Myatt of tain Embler, who enlisted in Novem­ IIigh Point, North Carolina, died of ber 1942, was commissioned at Ann a heart attack on 27 June 1956. The Judge Advocate Journal 27

Colonel Myatt at his death was 54 Sixth Officers Class at Ann Arbor years old and had practiced law for and served in the Military Justice thirty years. He was commissioned Division of The Judge Advocate Gen­ as a reserve officer of the Judge Ad­ eral's Office. He was a charter mem­ vocate General's Department in 1936 ber of the Association. and during World War II served as Lieutenant Colonel Reginald Field a judge advocate officer at Head­ of Falls Church, Virginia, died after quarters USAFFE. Shortly before a short illness on September 28, 1956. his death, he had been reelected Colonel Field, who was 63 years old, Judge of the Municipal Court of High was at his death a member of the Point. Armed Services Board of Contract Colonel Clarence 0. Tormoen of Appeals. He had been a member of Duluth, Minnesota, died 28 May 1956 the bar of the State of New York of a heart attack. Colonel Tormoen, more than thirty-five years. After an active reservist, had just com­ graduation from Yale in 1916, he pleted a two weeks training tour of enlisted in the National Guard and duty in JAGO at the time of his saw active service overseas as a field death. He was 53 years old. Since artillery officer in World War I. Fol­ April 1954, he had served as As­ lowing graduation from the Law sistant to the Secretary of the School of Columbia University, he Treasury and as Personnel Security engaged in private practice in New Officer of the Treasury. During York City until his call to duty as World War II, he served as Assist­ a Major in World War II. He was ant Theater Judge Advocate in the affectionately known among JAG's ETO. In 1950 he was recalled to ac­ as "The Dean of Lebanon" for his tive military duty and served two organization and conduct of the years as legal officer in Washington Foreign Claims School at Lebanon, for the Army operation of railroads. Tennessee, during the later years of World War II. Colonel Field, a char­ Maj. Louis A. Whitener of Hick­ ter member of the Association, served ory, North Carolina, died of a heart as a member of JAA's board of di­ attack on 16 July 1956. Only 54 rectors for many years and was dur­ years of age at his death, Major ing August of this year elected Treas­ Whitener practiced law for thirty­ urer of the Association. His keen five years. During World War II, he intellect, warm personality and ready enlisted in the Canadian Army, serv­ wit endeared him to all of the many ing overseas with those forces until persons who knew him, and his death November, 1941 when he was dis­ is a great shock and loss. He is sur­ charged to enter the U. S. Army. vived by his widow, daughter and Major Whitener graduated from the two sons. of the Court of Military Appeals

The Right to a Speedy Trial Right to a Public Trial U. S. v. Hounshell (AF) 20 April 56, U. S. v. Brown (A) 17 August 56, 7 USCMA 3 7 USCMA 251 In this case the accused was con­ The accused was tried on a charge fined on 20 February 1954, but not of communicating obscene language brought to trial until 8 December over the telephone. Prior to the 1954. The SJA reported that the de­ trial, the convening authority di­ lay of trial was caused by difficulties rected that the trial be closed to the encountered in interviewing witness­ public although defense counsel was advised that the accused could have es, obtaining depositions and docu­ anyone present that he wished. At mentary evidence. The accused was the trial, defense counsel objected to represented by civilian counsel, both the convening authority's order on at the pre-trial investigation and at the basis that the accused was en­ the trial, but no objection was made titled to be tried in the presence of at the trial concerning the delay in the public at large. The objection was prosecution although the defense overruled by the law officer who held counsel urged the pre-trial confine­ that the convening authority had ment of the accused as a mitigating good cause for closing the court room factor at the sentencing. On petition to spectators because of the nature of the convicted accused, it was urged of the testimony. Following convic­ that he had been deprived of his tion, on petition of the accused, CMA right to a speedy trial. CMA held held that the ·order of the convening the right to a speedy trial a sub­ authority was too broad and denied stantial Constitutional right, but a the accused his right to a public personal right which may be waived. trial under Article VI of the Con­ The accused could have applied for stitution. The Court said: "For rea­ a speedy trial by appropriate mo­ sons of military necessity, the trial tion any time after his confinement of certain cases in the Armed Serv­ began, and the matter would have ices may require the exclusion of the either been expedited or the charges public"; however, when the offense in­ dismissed. Neither this, nor objection volves no more than vile and obscene at the time of trial was made with language, "there is no necessity for regard to the delay, and the right departing from the rule applicable must be taken to have been waived. to civilian offenses". 28 The Judge Advocate Journal 29

Right of Confrontation merely sending some attorney to a hearing without the knowledge of, U. S. v. Miller (A) 27 April 56, 7 USCMA 23 acceptance by, or consultation with the accused. Further, the Govern­ The accused was convicted of at­ ment had not shown the unavailabil­ tempted sodomy. The defense was ity of the co-actor as a witness at based on alibi supported by the test­ the trial, but merely that they did imony of the accused and corrobora­ not know his whereabouts at the tive testimony. The prosecution's case time of trial and had made several depended on the testimony of a guard unsuccessful telephone calls to try to who had discovered the accused and locate him. his co-actor in ~ compromising posi­ tion. The testimony of the guard Privilege Against Self-incrimination with regard to the acts and identity of the parties was corroborated by U. S. v. Murphy (A) 27 April 56, the deposition of the co-actor. The 7 USCMA 32 defense objected to the admissibility Four soldiers and a civilian al­ of the deposition because of the cir­ legedly conspired to wrongfully dis­ cumstances surrounding the taking pose vf Government property. At the of the deposition. It developed that trial of the accused, three of the when the accused was on authorized soldiers successfully asserted the leave, it was learned that the co-actor privilege against self-incrimination, was about to be discharged from the but the civilian, a Korean National Service and without notice to the residing in Japan, was directed to accused, his deposition was taken. testify even though he claimed a The military authorities had not similar privilege on the ground that known that the accused had retained ll. prosecution was pending against civilian counsel and, therefore, the him in a Japanese court. Upon con­ only attorney present at the deposi­ viction, the accused petitioned for tion was the regularly appointed de­ review and CMA held that there was fense counsel who made no objection no error in the law officer's requiring to the taking of the depvsition and the civilian to testify. The Court requested no continuance so that the held that the privilege against self­ accused could be present. The ap­ incrimination under Article 31, like pointed defense counsel cross-exam­ that created by the Fifth Amend­ ined the deponent on the details of ment, extends only to a reasonable the offense but had not communi­ fear of prosecution under the laws of cated with the accused and was not the United States. In a concurring familiar with his defense of alibi. Ob­ opinion, Judge Quinn reserved judg­ jections to the admission of the de­ ment on this question, but concurred pvsition were overruled. On petition in the result on the ground that the of the accused, CMA held the depo­ privilege against self-incrimination is sition was erroneously admitted. The persvnal to the witness and the ac­ accused's right to confrontation, the cused cannot complain if the witness Court said, cannot be satisfied by was improperly deprived of the right. 30 The Judge Advocate Journal

Admissibility of Confession before whom the deposition was U. S. v. Leal (AF) 20 April 56, taken, there was no indication 7 USCMA 15 whether an oath had been adminis­ The accused was convicted of lar­ tered, whether the reporter had been .ceny of certain communications equip­ sworn, or the time or place of the ment. In a pre-trial statement he hearing; nor were the dep'Ositions had admitted each theft alleged. The signed by the witnesses or any ex­ evidence revealed that some of the planation made of the failure to sign. missing equipment was found in the Likewise, there was no certification accused's possession and that there by the reporter. Without objection were unaccountable shortages of some on the part of the defense counsel, of the types of missing material from the depositions were introduced in the place where the accused worked. evidence. The board of review re­ On appeal to CMA, the defense con­ versed the conviction of the accused tended that this evidence was insuffi­ on the ground that the depositions cient to corroborate the accused's were inadmissible. On certification, confession. CMA held the pre-trial CMA affirmed the board of review statement was admissible since the by saying that the right to take and proof of substantial unexplained use the deposition of a witness is shortages of the types of things al­ statutory; and, the procedure pre­ leged to have been taken and the scribed for its taking must be sub­ proof that some of these types of stantially followed in order to make items were found in the accused's the depositi"On competent and admis­ possession was sufficient circumstan­ sible. The Court held that there were tial evidence to satisfy the require­ too many deficiencies in the matter ment of corroboration. of these depositions based on the re­ quirements of Article 49, UCMJ, and Use of Depositions Paragraphs 114, 117e and 117g of the Manual. The failure to object U. S. v. Valli (N) 11 May 56, could not be raised to the level of a 7 USCMA 60 stipulation or a waiver of such de­ Some months after a reported ficiencies. theft, the item was found in a pawn shop and the pawn ticket revealed Jurisdiction of Special Courts-Martial the name of the accused. The ac­ U. S. v. Sanders (AF) 20 April 56 cused upon interrogation admitted 7 USCMA 21 ' the theft. Before trial, the trial The accused was convicted by a counsel and defense counsel took special court-martial in Japan of oral depositions of the detective, who sleeping on post. The date of the located the stolen article, and the offense was 4 June 1955. The record pawn broker. The depositions re­ did not show that competent author­ duced to typewritten copy were iden­ ity had directed the case be treated tified only by the name "Of the witness as non-capital. On petition of the at the top of the first page. There accused, it was argued that the of­ was no identification of the officer fense was committed in time of war '!'he Judge Advocate Journal 31 and, therefore, a special court-mar­ the evidence adduced at the trial and tial lacked jurisdiction. CMA did not does not go beyond the bounds of agree with this contention. Although fair argument. a special court-martial is without jurisdiction to try capital cases and Re-Opening the Trial After the sleeping on post is a capital offense Court Has Closed if committed in time of war, the U. S. v. Parker (N) 22 June 56 Court said the offense here was not 7 USCMA 182 ' capital since a time of war did not exist on the date of the offense. The After the court had closed in this Coll'I't recognized that time 'Of war case, it re-opened and the president can result in the fact that our Armed offered the trial and defense counsel Forces are actually engaged in com­ further time to prepare their cases bat against an organized armed en­ on the ground that the court was un­ emy even without a formal declara­ able to decide a questio~ of intent tion of war by Congress, but the involved in the charges and sug­ cease fire order of 27 July 1953, when gc::;ted that additional evidence be considered with all the other facts obtained. Defense counsel then indicating that the consequences of moved for a finding of not guilty; actual hostilities were no longer but, his motion was denied, and sev­ present; resulted in the inescapable eral witnesses were recalled by the conclusion that a time of war con­ prosecution. The defense refused to dition had ended. call further witnesses and renewed its motion for a finding of not guilty. Trial Counsel May Argue Quantum The board of review reversed the of Sentence conviction of the accused on the U. S. v. Olson (N) 10 August 56, ground that he was prejudiced by 7 USCMA 242 the introduction of evidence after On a plea of guilty, the accused the court had retired to deliberate on was convicted of the charges against the findings. On certification, CMA him. There were no previous convic­ held the accused was not prejudiced tions and he and other witnesses by the admission of additional testi­ testified in mitigation. Defense coun­ mony. Citing paragraph 54b of the sel made a statement to the court Manual, the Court said: "The court on the subject of appropriate sen­ may, when the evidence introduced tence. Over defense objection, the by the parties appears to be insuf­ trial counsel was permitted to argue ficient for a proper determination of on the subject of the sentence that should be adjudged. The board of the matters before it, require the review held that this was improper; trial counsel to recall or summons and, on certification, CMA reversed witnesses." CMA said it was of the the board, saying that counsel for opinion that the court may order either side can make a separate argu­ further evidence to be introduced ment for an appropriate sentence so even after it has retired to deliber­ long as the argument is based on ate on its findings. 32 The Judge Advocate Journal

Prejudicial Disclosures on Challenge conduct presented psychiatric over­ tones, and that he had taken a lie U. S. v. Richard, (A) 4 May 56, 7 USCMA 46 detector test in connection with the present case. Since the excused mem­ Upon a trial for rape, members ber believed these facts constituted of the court were requested to dis­ ground uf challenge against him, the close facts which might form the remaining members could certainly basis of a challenge. One 'Of the infer that the results of the lie de­ members then proceeded to state that tector test were adverse to the ac­ he was a member of the court which cused. It would be impossible to wipe had tried the accused for a similar out the harm done the accused. offense, that he had been interviewed Therefore, the motion for a mis-trial, by the CID in connection with an­ which is designed to cure errors other similar offense against the ac­ which are manifestly prejudicial, and cused, that he had consulted with a the effect of which cannot be obliter­ psychiatrist who had interviewed the ated by cautionary instructions, was accused, and that he knew of the re­ a proper motion and should have sults of certain polygraph tests given been granted. the accused. The law officer unsuc­ cessfully tried to stop the member Pre-Trial Determination of from making the disclosures; and, Admissibility did excuse the member and he did U. S. v. Mullican (N) 13 July 56, withdraw. No further challenges 7 USCMA 208 were made. The defense counsel, out Several days before trial, a pre­ of the hearing of the other members trial hearing was held with the law of the court, presented to the law officer, trial and defense counsel, ac­ officer a motion for mis-trial on the cused and reporter present for the ground that the disclosures of the purpose of determining the admis­ retiring member were inherently sibility of prosecution exhibits. The prejudicial. The motion was denied pre-trial proceeding was made a part then and at the conclusion of the of the record in the case and the trial and the law officer did not ad­ defense counsel expressly approved monish members of the court to dis­ of the procedure. At tJ:ie trial, the regard the assertions of the excused documents were read into the evi­ member. From a conviction of an dence. A board of review held that assault with intent to commit rape, this procedure deprived the accused the accused petitioned CMA for re­ of military due process and the case view. CMA held that the law officer was certified to CMA. The Court abused his discretion in denying the held that although the procedure in motion for a mis-trial. Here, the this case was not specifically permit­ other members of the court were in­ ted by either the Code or the Manual, formed through the excused member it did not result in a deprivation of of an earlier trial of the accused on military due process. The Court similar charges, investigations of found the procedure unorthodox and similar charges, the fact that his without any precedent in Federal The Judge Advocate Journal 33 criminal procedure. Nevertheless, no Mistake of Fact as a Defense prejudice resulted and the result U. S. v. Holder (N) 3 August 56, would have been the same as if the 7 USCMA 213 admissibility of the documents had The accused Marine was convicted been determined at the trial. In any of desertion from 24 March 1953 to event, the defense counsel waived any 6 April 1955. In February 1953 the objection he might have to the pro­ accused had been restored to duty cedure. with a suspended BCD at which time Self-defense he was told by his commanding of­ U. S. v. Clansey (A) 10 August 56, ficer that if he didn't behave himself, 7 USCMA 230 the discharge would be executed. The accused was convicted of as­ Shortly thereafter, the accused sault with a 'dangerous weapon (a again went AWOL and while AWOL knife) upon a German civilian. The was convicted and sentenced for accused testified that he was violently petty larceny by civil authorities. attacked without provocation by per­ The military knew of the accused's sons who, unknown to him, turned whereabouts but put no "hold order" out to be policemen. He denied that on him with the civilian authorities he struck them, that he had a knife and although military representa­ or that he stabbed anyone. The de­ tives were present when he was re­ fense counsel in discussing instruc­ leased from civilian custody in May tions with the law officer stated that 1953, he was not taken into custody. he did not want instructions on the The accused then obtained civilian lesser included offense of assault and employment. At the trial, the ac­ battery and simple assault and that cused testified that he believed that there was no need for instruction on the suspended BCD must have been self-defense. The closing argument executed and that some time or other of the defense suggested that the he would receive his discharge in the victim was stabbed by somebody else. mail. In 1954, the accused's wife On petition of the accused, it was notified the FBI of her husband's urged that the law officer erred in whereabouts and was advised that not instructing on the right to re­ her husband was not wanted. The sist an illegal apprehension. The law officer gave no instructions, al­ Court said that a person has a right though they were requested by the to defend himself against illegal ar­ defense counsel, with regard to mis­ rest but may not use force that ex­ take of fact. The board of review ceeds that reasonably necessary to felt that the issue of mistake of repel the force used by the arrestors. fact with regard to the discharge Here the accused's defense was not was raised and that question was based on self-defense but a disclaimer certified to CMA. The Court held of all responsibilities for the injury that since desertion involves a spe­ and, therefore, the position on ap­ cific intent, an honest mistake of fact peal is inconsistent with his conten­ is a defense. Since a reasonable per­ tion at the time of trial. The con­ son could find that the accused hon­ viction was affirmed. estly, even though negligently, be­ 34 The Judge Advocate Journal lieved that he had been discharged by telling them to get drunk and from the Service, an issue of mis­ have a good time. At the party take was raised as to the desertion the officer acted as bartender work­ and the instruction should have been ing stripped to the waist, serving given by the law officer. However, beer as fast as he could. The accused since absence without leave requires was mixing his beer with a little only a general intent, the mistake whiskey and became threatening and or ignorance of fact must be both aggressive. While two other Airmen honest and reasonable in order to were escorting the accused to his bar­ constitute a defense to that offense. racks, the officer suggested that they The accused's mistake as to that let him have a couple of more drinks, status was not reasonable and the whereupon the accused invited his defense of mistake of fact was not commissioned benefactor to a physi­ raised as an issue as to that offense. cal encounter on the green which the officer apparently ignored. Neverthe­ U. S. v. Connell (A) 10 August 56, less, the accused Airman was con­ 7 USCMA 224 victed of disrespect toward a super­ The accused was convicted of dis­ ior officer and his conviction was af­ honorably failing to 'deposit funds firmed by ·a board of review. On in the bank to cover payment of petition, CMA held that the accused's checks drawn by him. The accused's actions did not, as a matter of law, defense was based on the fact that detract from the authority and per­ he did not keep an accurate record son of the officer within the meaning of checks and believed that he had of Article 89. sufficient funds to cover them. The law officer instructed that the ac­ Legality of Sentence cused's mistake to be a defense must be both honest and reasonable and U. S. v. Hounshell (AF) 20 April 56, 7 USCMA 3 not the result of carelessness. On petition to CMA, the instruction was In this case the accused upon con­ held to be prejudicial error. The viction received a sentence of dis­ Court held that a negligent failure honorable discharge, total forfeitures, to maintain sufficient funds to cover confinement at hard labor for twelve outstanding checks does not consti­ years, and a fine of $1,500. On ac­ tute an offense; thereby, making an cused's petition, it was contended honest mistake of fact, whether rea­ that the sentence was illegal in that sonable or not, a defense to this of­ it included both a fine and total for­ fense. feitures. CMA held that the portion of the sentence dealing with the for­ Disrespect to a Superior Officer feitures was illegal; although a fine U. S. v. Noriega (AF) 29 June 56, may be adjudged in lieu of forfeit­ 7 USCMA 196 ures, a fine and forfeitures cannot be Prior to an enlisted men's party, adjudged against an enlisted man in the officer in question briefed the men the same sentence. The Judge Advocate Journal 35

U. S. v. Jefferson (A) 29 June 56, the power to ameliorate the sentence 7 USCMA 193 without changing the findings of Upon conviction of premeditated guilty. The punishment prescribed murder, the accused was sentenced by Article 118 for premeditated mur­ to dishonorable discharge, total for­ der is a minimum for the court­ feitures and confinement at hard la­ martial but not for the reviewing authorities. The record was returned bor for life. The conviction and sen­ to the board of review for determina­ tence were approved by the conven­ tion of an appropriate sentence. As ing authority and affirmed by a board to this decision, see U.S. v. Brascher, of review. The board of review, how­ 2 USCMA 50, where this Court held ever, in its decision stated that the that a board of review may affirm sentence was mandatory and that it only a sentence which could lawfully was without power to change it. On be imposed by the court-martial. petition of the accused, the Court The present decision seems to be in held that the board of review erred the direction of Judge Latimer's dis­ in its determination that it lacked sent in the Brascher case.

Your professional success, important cases, new appointments, political successes, office removals, and new partnerships are all matters of interest to the other members of the Association who want to know "What The Members Are Doing." Use the Journal to make your announcements and disseminate news concerning yourself. Send to the Editor any such information that you wish to have published.

A strong Association can serve you better. Pay your annual dues. If you are uncertain as to your dues status, write to the offices of the Associa­ tion for a statement. Stay active. Recommend new members. Remember the Judge Advocates Association represents the lawyers of all components of all the Armed Forces. 36 The Judge Advocate Journal

General Mickelwait Retires

On July 31st a military review at as Judge Advocate of the Atlantic Fort Myer, Virginia, honored Major Base Sector in Casablanca and as General Claude Bayles Mickelwait, Judge Advocate of the Fifth Army The Assistant Judge Advocate Gen­ with which he served in North Africa eral of the Army, on his retirement. and Italy. In June 1944 he became General Mickelwait, who was the sec­ Judge Advocate of the First United ond ranking officer in the legal States Army Group in England and branch of the Army, has completed the following month was designated more than 38 years service as an as Judge Advocate of the Twelfth Army officer, 21 years of which were United States Army Group in France. spent as an officer-lawyer. After In May 1945 he became Theater General Mickelwait reviewed The Judge Advocate of the United States Third Infantry Regiment, a recep­ Forces in the European Theater. He tion was held in his honor in Patton returned to the United States in Hall, Fort Myer. April 1947 and became an Assistant General Mickelwait has had a dis­ Judge Advocate General, with the tinguished career in the military rank of Brigadier General on 27 Jan­ service. Born in Iowa in 1894, he was uary 1950. On 7 May 1954 he was commissioned a 1st Lieutenant dur­ promoted to the grade of Major Gen­ ing the First World War after grad­ eral and served as The Assistant uating from the University of Idaho. Judge Advocate General until his In 1920 he received an appointment retirement. in the Regular Army and thereafter General Mickelwait has been served in the Infantry for 16 years. awarded the Distinguished Service In 1932 he entered the University of Medal, Legion of Merit with one Oak California, School of Jurisprudence, Leaf Cluster, and the Bronze Star graduating with the degree of Bach­ Medal. His foreign decorations in­ elor of Laws in 1935. In the follow­ clude the Luxembourg Curronne de ing year, he transferred to The Chene and Croix de Guerre, the Or­ Judge Advocate General's Depart­ der of the British Empire, the French ment, serving in this Department and Legion of Honor and Croix de Guerre its successor, The Judge Advocate with Palm, the Czechoslovakian Or­ General's Corps, from that time un­ der of the White Lion, the Belgium til his retirement. Order of Leopold, and the Italian In 1940 he graduated from the Military Valor Cross. Army Industrial College (now the Industrial College of the Armed He is a member of the American Forces) , serving thereafter in the Bar Association, Federal Bar Asso­ Office of The Judge Advocate Gen­ ciation, American Society of Interna­ eral in Washington, D. C., as Chief tional Law, Judge Advocates Asso­ of the Military Affairs Division. Dur­ ciation, and American Judicature So­ ing World War II he served overseas ciety. Recently he was elected presi­ The Judge Advocate Journal 37 dent of the newly chartered Pentagon Chevy Chase, Maryland. He has Chapter of the Federal Bar Associa­ three sons, Major Kenneth B. Mickel­ tion. wait, USAR, Major Malcolm P. Mick­ General Mickelwait and his wife, elwait, USAF, and Mr. Aubrey B. Marian, live at 4500 Cortland Road, Mickelwait, Ph.D.

General Gardes Retires Brigadier General George W. General Gardes' decorations include Gardes was honored July 31 at a the Legion of Merit and the Bronze ceremony at Fort Myer, Virginia on Star Medal. his retirement after twenty-eight Upon being appointed to the Regu­ years service as an Army officer. lar Army in 1946, he transferred to General Gardes was born in Nor­ the Judge Advocate General's De­ folk, Virginia. He was commissioned partment, serving in the Office of a 2nd Lieutenant in the Engineers the Judge Advocate General until in 1928 upon graduation from the 1951. During this period his main Catholic University of America with assignments were as Chief of the a Bachelor of Science degree in civil Patents and of the Procurement Di­ engineering. In 1933 he received an visions. He became Judge Advocate LLB degree from Georgetown Uni­ of the 6th Army on 26 October 1951 versity. From 1929 to 1937 he was and served in that capacity until 14 employed as a Patent Examiner in June 1953. He served as the Assist­ the United States Patent Office and ant Judge Advocate General, United from 1937 to 1940 was employed as States Army Europe, from 8 August a patent attorney by the United 1953 until he was promoted to Briga­ Shoe Machinery Corporation of Bos­ dier General, with date of rank from ton, Massachusetts. 27 May 1954. From that date until In November 1940 he entered on 30 June 1956, he served as Judge active duty as Captain in the Engi­ Advocate, United States Army Eu­ neer Reserves. During World War rope. General Gardes has been a II, General Gardes served twenty-six member of the Bar of the District of months overseas, participating in Columbia since 1932 and of the Bar eight campaigns. As the command­ of the Commonwealth of Massachu­ ing officer of the 36th Combat Engi­ setts since 1940. neer Regiment, he served in Africa, He and his wife, Mrs. Loretta F. Sicily, Italy, and southern France,· Gardes have two sons, George H., taking part in five invasion landings. who graduated from West Point in Thereafter, he served with the 7th 1951 and now commands A Company, Army Headquarters as As~istant 325th Airborne Infantry Regiment, Army Engineer and accompanied that Fort Bragg, North Carolina, and Army in its push to the Rhine. He John P., presently serving as Pri­ was promoted to Colonel in the Army vate First Class with the Third Cav­ of the United States in October 1944. alry in Nuremberg, Germany. Supreme Court Upholds Article 2 (II) UCMJ

The United States Supreme Court by an American citizen and that Con­ in two recent decisions upheld the gress may establish legislative courts right of the military to court-martial for that purpose". The Court did civilian dependents of Servicemen on not examine the power of Congress overseas duty. These decisions are "to make rules for the government Kinsella v. Krueger and Reid v. Co­ and regulation of the land and naval vert, both decided 11 June 1956.1 In forces" under Article 1 of the Con­ the Krueger case, the Supreme Court stitution; but, having determined that held that Article 2 (11) UCMJ which persons in the position of Mrs. Krue­ purports to confer court-martial jur­ ger could be tried by a legislative isdiction over persons "serving with, court established by Congress, found employed by or accompanying the it reasonable for the Congress to em­ Armed Forces without the continen­ ploy the existing system of courts­ tal limit of the United States" does martial for that purpose. not violate the Federal Constitution. Based on the Krueger decision, the As courts-martial are not required Court found in the Covert case that to provide all the protections of Con­ Mrs. Covert was subject to military stitutional courts, it is a violation of jurisdiction under Article 2 (11) and the Constitution to try by court-mar­ that military jurisdiction having once tial civilians entitled to trial by an validly attached continued until the Article III court (see Toth v. Quarles, final disposition of the case. The 350 U.S. 11). The Court pointed Court stated that it would be un­ out that the jury provisions of Ar­ reasonable to hold that the Services ticle III and the Sixth and Seventh retained jurisdiction of military pris­ Amendments do not apply to legisla­ oners while they are kept in a for­ tive courts established by Congress eign country but lose their jurisdic­ in the territories or to consular courts tion when they are transferred to established by Congress to try Amer­ ican citizens in foreign countries; penal institutions in the Zone of In­ and, therefore, held "these cases es­ terior. It was found that the mere tablish beyond question that the Con­ fact that Mrs. Covert's conviction stitution does not require trial be­ had been reversed and remanded for fore an Article III court in a foreign rehearing did not defeat jurisdiction country for offenses committed there since the rehearing amounted to

1 See report of lower court decision in Reid v. Covert, 21 JAJ 18 and fur­ ther with regard to these cases 22 J AJ 36. 38 The Judge Advocate Journal 39 nothing more than a continuation of ren and Mr. Justice Black and Doug­ the original proceedings. The Court las dissented in both cases, deferring distinguished the Toth case on the written opinions, and Mr. Justice basis that the Air Force, with Toth's Frankfurter reserved his opinion as honorable discharge, had relinquished to both cases. all jurisdiction over him prior to the The petitioners in both cases have filing of charges, whereas in the filed petitions for rehearing which Covert case, jurisdiction had never will probably be determined early in been relinquished. Chief Justice War­ the October term.

RETIRED RESERVISTS EXEMPT FROM DUAL COMPENSATION PROHIBITION

The United States Supreme Court addition to any pay and allowances recently denied certiorari in the case to which he may be entitled under of Tanner v. U.S., 129 Ct.Cls. 792. the laws relating to the Officers' Re­ The Court of Claims in the Tanner serve Corps and Enlisted Reserve case had held that members of the Gorps." Therefore, in the Tanner reserve components placed on the re­ case, and two others related to it, tired lists under authority contained the Court of Claims held that the in Title III of the Act of 29 June plaintiffs were entitled to retired pay 1948 were exempt from the dual com­ even though they were employed by pensation provisions of Section 212 of the Government as civilians at sal­ the Economy Act of 30 June 1932 aries in excess of $3,000 per year. by Section 1 (b) of the Act of 1 July 1947 which provides that "no Section 2 of the Act of 1 July 1947 existing law shall be construed to provides substantially the same ex­ prevent any member of the Officers' emption for members of the Na­ Reserve Corps or the Enlisted Re­ tional Guard and Section 804 ·of the serve Corps from accepting employ­ Armed Forces Reserve Act of 1952 ment in any civil branch of the pub­ extends the exemption to all mem­ lic service nor from receiving the bers of the reserve components of pay incident to such employment in the Armed Forces. Alabama on August 15th at Great Lakes on Frank J. Mizell, Jr. (11th Off.) re­ the work of the Court. More than cently announced the removal of his 400 reserve officers of the three Serv­ offices for the general practice of law ices attended and several hundred to Suite 612, First National Bank were admitted to practice before the Building, Montgomery. Mr. Mizell Court. was also recently elected State Pres­ Indiana ident of the Alabama Department of the Reserve Officers Association. James W. Draper (24th Off.) re­ California cently moved his office for the gen­ Ned Good of Los Angeles recently eral practice of law to 110 East announced the formation of a law Washington Street, Muncie. partnership under the firm name of New Hampshire Oliver & Good with offices in the Robert A. Shaines recently an­ Roosevelt Building, Los Angeles. nounced the removal of his law of­ fices to 5 Market Square, Ports­ District of Columbia mouth. John Lewis Smith, Jr. (2nd Off.) New York was recently appointed by President Edmund J. Kane has become asso­ Eisenhower as a member of the Dis­ ciated with James A. McKaigney for trict of Columbia Public Utilities the general practice of law with of­ Commission. fices at 42 Third A venue, Mineola. Edward B. Beale (6th Off.) and Milton F. Rosenthal (6th 0.C.), George R. Jones (17th Off.), mem­ President of Hugo Stinnes Corpora­ bers of the firm of Beale and Jones, tion, recently announced the removal recently removed their offices to the of his corporation's offices to 415 Pennsylvania Building, 425 Thir­ Madison Avenue, New York City. teenth Street, N. W. Stanley L. Kaufman (7th 0.C.) Clifford A. Sheldon, formerly Col­ recently announced the formation of onel, USAF, announces the resump­ the firm of Kaufman, Imberman, ti-on of law practice in association Taylor & Kimmel with offices at 41 with Richard L. Merrick, Thomas H. East 42nd Street, New York City. King and Franz 0. Willenbucher, Edward Ross Aranow (3rd 0.C.), with offices at 1624 Eye Street, N. W. is the co-author of an article which appears in the May issue of the New Illinois York University Law Review entitled Chief Judge Robert E. Quinn of "Corporate Proxy Contests: Enforce­ the United States Court of Military ment of SEC Proxy Rules by the Appeals spoke to reserve legal officers Commission and Private Parties". 40 Richmond USAR School in action, showing the class in International Law (left to right): Colonel H. Merrill Pasco, Lt. Col. David G. Tyler (visiting), Col. Edward M. Hudgins, Lt. Col. John W. Knowles, Col. Charles J. Blair, Lt. Col. B. Wanvick Davenport, Col. Catlin E. Tyler, Lt. Col. Lewis W. Martin, Capt. Walter W. Regirer (Assistant Instructor, standing), Lt. Col. W. Griffith Purcell (Director of the Department), 1st Lt. Julian H. Otten, Col. Edgar Allen, III, Maj. William H. Sager, 1st Lt. William Morton, Maj. Plato D. Muse, Jr., Lt. Col. Roswell P. Snead, and Maj. Earl M. Edwards. Persons Attending Legal Assistance Conference Left to Right (Sitting) Maj. Ekillis M. Chandler, Maj. Alfred L. O'Connor, Jr., Comdr. Earl Bennett, Col. Charles M. Munnecke, Col. Earl M. Bradley, Lt. Col. Griffith Purcell, Comdr. Linwood B. Tabb, Capt. Elvin R. Coon, Jr. Left to Right (Standing) Capt. Blair H. Dewey, Lt. Robert I. Worth, Lt. Murray B. Stewart, Lt. Charles Adams, Lt. Steven A. Winkelman, Capt. Walter Regirer, Capt. Thomas Y. Awalt, Capt. Stephen Gelband, Lt. Jean "B" Green, Lt. Robert E. Lyle, Maj. Sumner A. Brown, Lt. Cohen, CWO Zigmund Waclawski. The Judge Advocate Journal 43

Leroy E. Rodman (7th O.C.) is Virginia the author of an article recently pub­ There was a Legal Assistance Con­ lished in Dun & Bradstreet's Inter­ ference held at Fort Lee, Virginia, national Markets entitled "Role of on August 17, 1956. Among those Foreign Corporations in Capital For­ attending were Lt. Col. Lewis W. mation". Martin, Col. Joe T. Mizell, Jr., Lt. William Morton, Maj. Plato D. Muse, North Carolina Jr., Lt. Col. William G. Purcell, and Lt. Col. David G. Tyler. Instructors Nelson Woodson (6th Off.) of were Col. Charles M. Munnecke, Salisbury, a member of the North Chief of the Legal Assistance Divi­ Carolina State Senate, was recently sion, and his assistant, Lt. Lawrence elected President of the North Caro­ W. Kaplan. (See cut-a group of lina Bar Association. those attending this conference.) Texas The Richmond USAR School, JAG Captain George Red (7th 0.C.) of Branch, is an extremely active group Houston arranged for· a breakfast headed by Lt. Col. W. Griffith Pur­ meeting of Texas J A G's coincident cell assisted by Capt. Walter W. with the Texas State Bar Associa­ Regirer. (See cut-this USAR tion meeting at Houston on July 7th. School group in action.) Judge Meade F. Griffin was Chair­ John Alvin Croghan recently an­ man of the meeting and Col. Durham nounced the establishment of a firm E. Allen, Staff Judge Advocate of for the general practice of law under the 14th Air Force, was the guest the style Croghan and Carter with speaker. Thirty-four members of the offices at 102 North Washington Association attended the meeting. Street, Alexandria.

Lieutenant Colonel Edward F. Gallagher of Washington, D. C., has been appointed by the Board of Directors of the Association to serve as Treas­ urer for the balance of the unexpired term of Reginald Field, recently deceased. .

. U.se the Directory of Members when you wish local counsel in other juris­ dictions. The use of the Directory in this way helps the Association perform one _of its functions to its membership and will help you. You can be sure of gettmg reputable and capable counsel when you use the Directory of Members. SUPPLEMENT TO DIRECTORY OF MEMBERS, 1955*

CHANGES OF ADDRESS LT. PENROSE L. ALBRIGHT MAJ. W. M. BURCH, II 5224 Ferndale Street 2000 Gallows Road Springfield, Virginia Falls Church, Virginia LT. COL. V. D. BAUGHMAN LT. COL. THOMAS J. CAMERON 333 South Glebe Road Office Staff Judge Advocate Arlington, Virginia Hq. Seventh Army JOHN C. BAUMANN APO 46, New York, New York 417 No. Washington THEODORE F. CANGELOSI Warrensburg, Maryland 612 North Boulevard EDWARD B. BEALE Baton Rouge, Louisiana 1312 Pennsylvania Building LT. COL. RICHARD D. CASE 425 Thirteenth Street, N. W. Headquarters, Eastern Air Washington 4, D. C. Defense Group HAROLD D. BEATTY Office of the Staff Judge Advocate 7 Lexington Avenue Stewart AFB New York 10, New York Newburgh, New York COL. FRANK P. CORBIN, JR. COL. WILLIAM G. BELSER, JR. APO 925, Hq., FEAF 1632 Yorktown Drive San Francisco, California Charlottesville, Virginia COL. CHARLES L. DECKER MAJ. ENGELBERT J. BERGER Office of The Judge Advocate BOJAG, 8586 DU General Fort Holabird Department of the Army Baltimore 19, Maryland Washington 25, D. C. LT. COL. MYRON L. BIRNBAUM ROBERT E. DELANY 1918 Yancey Street 420 Lexington Avenue Montgomery 7, Alabama New York, New York LT. COL. JAMES F. BISHOP LT. ROBERT L. DERRICK Office of the Staff Judge Advocate 2584th Air Res. Flying Center Army E.P.G. Municipal Airport Fort Huachuca, Arizona Memphis, Tennessee CHARLES M. DICKSON WILLIAM M. BLACKWELL P. 0. Box 7202, Ocean Beach Sta. 1304 State Planters Building 2104 Bacon Street Richmond 19, Virginia San Diego, California LT. LEROY C. BROWN CHARLES DONAHUE 1349 Belmont Avenue 3005 Albemarle Street, N. W. South Bend 15, Indiana Washington 8, D. C.

* See 22 J AJ 48-53 for changes and additions heretofore made. 44 'rhe Judge Advocate Journal 45

GEORGE R. DOUGLAS, JR. KENNETH B. HAMILTON 2714 Bradley Circle 5600 Lamar Road Falls Church, Virginia Springfield, Maryland Washington 16, D. C. JAMES W. DRAPER 110 East Washington Street FRANK D. HALL Muncie, Indiana 310 Hall Building 150 S. E. 2nd Street MARTIN K. ELLIOTT Miami, Florida 1100 Bowen Building KENNETH T. HAYES Washington 5, D. C. 600 McKay Tower CHARLES W. ELLIS Grand Rapids 2, Michigan P. 0. Box 297 CAPT. NORMAN K. HOGUE Greer, South Carolina 1416 \Voodbine Street Alexandria, Virginia FRANK P. ERESCH 751 East Creekside Drive MAJ. DUGALD W. HUDSON Houston, Texas 902 Wildwood Drive Valdosta, Georgia MOSES M. FALK 18421 A VON ROAD COL. ALBERT w. JOHNSON Jamaica 32, New York R.F.D. #1 Midlothian, Virginia RILEY EUGENE FLETCHER BRIG. GEN. BERT E. JOHNSON 3804 Ridgelea Drive Staff Judge Advocate Austin, Texas Air Training Command Scott AFB, Illinois LT. COL. J. FRANCIS FOWLES, JR. Hq. Sacramento Air Mat. Com. GEORGE R. JONES McClellan AF Base, California 1312 Pennsylvania Building 425 Thirteenth Street, N. W. BENJAMIN D. FRANTZ Washington 4, D. C. 3399 Barberry Lane Sacramento 25, California MARSHALL G. KAPLAN 50 Court Street COL. MILTON GOLDINGER Brooklyn, New York Staff Judge Advocate Hq. Continental Division MATS STANLEY L. KAUFMAN Kelly Air Force Base, Texas 41 East 42nd Street New York 17, New York NED GooD MAJ. WILLIAM R. KENNEY Suite 1035 Roosevelt Building Staff Judge Advocate's Office 727 West Seventh Street Scott AFB, Illinois Los Angeles 17, California JOSEPH KIRKWOOD COL. THOMAS H. GOODMAN 904 Buder Building Federal Civil Defense Adm. St. Louis 1, Missouri Region 3, P. 0. Box 108 Thomasville, Georgia COL. HARLEY A. LANNING SJA LT. CHARLES P. GRAHL Ft. Riley, Kansas Hq., Squadron Section (SJA) COL. HERBERT J. LINDSTRUM 18th Fighter Bomber Wing Staff Judge Advocate APO 239, San Francisco, Cali­ Hq. 8th Air Force fornia Westover AFB, Massachusetts 46 The Judge Advocate Journal

COL. KRIT G. LOGSDON GEORGE A. PAVLIK 1220 Milan Avenue c/o Foreign Service Mail Coral Gables, Florida Department of State JOHN P. LOMENZO Washington 25, D. C. 214 Times Square Bldg. LT. COL. ROBERT R. RENFRO Rochester, New York 3450 TT Wing LT. COL. SIGMON A. LUNCEFORD Francis G. Warren A.F.B. 3035 Porter Street, N. W. Cheyenne, Wyoming Washington, D. C. LT. COL. ROBERT W. REYNOLDS JAMES E. MARSH Hq. The Armored Center 806 G Daniel Baldwin Building Office of SJA Erie, Pennsylvania Ft. Knox, Kentucky V. M. MCELROY MILTON F. ROSENTHAL 605 Westcott Street 415 Madison Avenue Falls Church, Virginia New York 17, New York CAPT. JOSEPH B. MCMULLIN COL. JEAN F. RYDSTROM Office of The Staff Judge Staff Judge Advocate Advocate 3310th TTW, Scott AFB, Illinois Hqs. 4th Air Furce ROBERT A. SHAINES Hamilton Air Force Base, 5 Market Square California Portsmouth, New Hampshire MAJ. D. S. MEREDITH, JR. ORVILLE F. SHERWOOD 2300 Enfield Road 2119 Penobscot Building Austin, Texas Detroit 26, Michigan CAPT. RALPH H. MOBERLY, JR. Office of the Staff Judge Advocate WILLIAM W. SHINN Headquarters, 39th Air Division 3909 E. 52nd Terrace N. APO 919, San Francisco, Kansas City 16, Missouri California JAMES P. SPEER LT. COL. JAMES J. MORAN Comanche, Oklahoma 36A Davis Road, Duncan Knoll CAPT. ALBERT E. STEENSLAND Westover AFB, Massachusetts Hq. 5th AF, Box 550 CAPT. WILLIAM C. MOTT, USN APO 710, San Francisco, Office of Chairman California Joint Chiefs of Staff The Pentagon JEROME STEIN Washington 25, D. C. 744 Broad Street Newark 2, New Jersey LT. JAMES F. OGLETREE, JR. Detachment 20, TUSLOG SAMUEL J. STEINER APO 224, New York, New York 1126 Vance Building Seattle 1, Washington BRIG. GEN. PHILIP C. PACK Spring Hollow HARRY S. STEPHENS P. 0. Box 267 1004 Beck Building Beaverton, Michigan Shreveport, Louisiana LT. CHARLES L. PARKER COL. CLIO E. STRAIGHT 17 South Highland Avenue 2601 Fort Scott Drive Akron, Ohio Arlington 2, Virginia The Judge Advocate Journal 47

LT. COL. JAMES M. STUBBS LT. COL. JANNA TUCKER Office of The Staff Judge P. O:Box 628 Advocate Scotts AFB, Illinois 1090th USAF Special Reporting Wing GILBERT WALERSTEIN Sandia Base, Albuquerque, 1220 Avenue P New Mexico Brooklyn, New York COL. E. S. SUMMERFIELD LT. COL. EDWARD M. WALL Staff Judge Advocate Hq., Alaskan Air Command 3909 AB Group, APO 167 APO 942, Seattle, Washington New York, New York LT. COL. JOHN E. TAYLOR COL. TRUMAN R. YOUNG SJA Office 4220 Columbia Pike, Apt. 21 Fort Leonard Wood, Missouri Arlington 4, Virginia

NEW MEMBERS

GEORGE P. AGNOST WALLACE N. CLARK Room 206, City Hall 2014 West 4th San Francisco, California Spokane, Washington MAJ. ALFRED J. ASHTON, JR. ADELBERT G. CLOSTERMANN Office of SJA 322 Lumbermans Building Hqs., 3rd AF Portland, Oregon APO 125, New York, New York S. ROBERT CONKLING JOSEPH B. BERGEN 150 West Evergreen Avenue P. 0. Box 979 Philadelphia 18, Pennsylvania Savannah, Georgia FRANCIS ROBERT CRABLE FREDERICK A. BLANCHE, JR. 142 West Second Street 137 St. Ferdinand Street Chico, California Baton Rouge, Louisiana THOMAS P. DICKINSON LT. DONALD B. CAFFRAY Box 267 Ball, Hunt and Hart Fort Monroe, Virginia 120 Linden Avenue Long Beach 2, California JOHN N. DINSMORE RICHARD E. CALLAHAN 4001 East West Highway 3222 E. 94th Chevy Chase, Maryland Seattle, Washington HON. HOMER FERGUSON MARTIN EMILIUS CARLSON U. S. Court of Military Appeals 618 North Lotus Avenue Washington 25, D. C. Chicago 44, Illinois WILLIAM G. FOWLER LT. ROBERT C. CARTER 628 Judge Building Hq. TTAF Salt Lake City, Utah Gulfport, Mississippi ALBERT S. FRIEDLANDER LT. JOHN J. CASSIDY 527 No. La Cienega Blvd. Staff Judge Advocate Section Los Angeles 48, California Hq., III Corps, Ft. Hood, Texas CAPT. WM. C. HAMILTON, JR. CALVIN H. CHILDRESS OJAG, USAF 1620 Eye Street, N. W. The Pentagon _ Washington, D. C. Washington 25, D. C. 48 The Judge Advocate Journal

WILLIAM W. HENTZ PLATO DURHAM MUSE, JR. 214 Hales Building 311 L'Yric Building Oklahoma City 2, Oklahoma Richmond 19, Virginia LT. COL. ROBERT S. HERMANN LT. COL. ALBERT T. NICE Office of Special Investigations, Apt. 433, Bldg. 2149 R.V. USAF Randolph AFB, Texas 111 E. 16th Street New York 3, New York LAIRD B. PETERSON 8621 Fauntleroy Avenue J. LEONARD HORNSTEIN Seattle 16, Washington 921 Bergen Avenue Jersey City 6, New Jersey HARRY S. POLLARD Suite 420 Littlefield Building HON. EVERETT HUTCHINSON Austin 15, Texas Suite 5211 I.C.C. Bldg. Washington 25, D. C. THOMAS B. SAWYER 1008 S. Pacific A venue LT. EUGENE A. LALONDE San Pedro, California SJA Office, MAAMA Olmsted Air Force Base WILLIAM E. SEIDENSTICKER Middletown, Pennsylvania 6756 So. Cornell Avenue Chicago 49, Illinois HON. GEORGE W. LATIMER U. S. Court of Military Appeals DOUGLAS N. SHARRETTS Washington 25, D. C. 717 Title Building Baltimore, Maryland MAJ. JAMES W. LOGAN Hq. 21st Fighter Bomber Wing JOSEPH L. VENTRESS APO 247, New York, New York 1230 West 2nd St. Los Angeles 26, California ERNEST E. MARLATT 5309 Windswept Lane HARRY VINE, III Houston 19, Texas P. 0. Box 852 Austin, Texas WILLIAM M. MARUTANI 1000 Provident Trust Building Philadelphia 3, Pennsylvania DAVID K. WATKISS 119:;3 So. 19th East MAJ. JOHN J. McCARTHY, JR. Salt Lake City, Utah 2D Cunningham St. Duncan Knoll BLAKE B. WOODSON ·westover AFB, Massachusetts 242 Court Square Charlottesville, Virginia COL. GEORGE E. MICKEL The Judge Advocate General's JASPER K. "WRIGHT, JR. School 305 E. Park Avenue Charlottesville, Virginia Houma, Louisiana