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