Bulletin No. 16 March, 1954 The Judge Advocate

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

312 Denrike Building Washington 5, D. C. JUDGE ADVOCATES ASSOCIATION Officers for 1953-1954 JOSEPH F. O'CONNELL, Massachusetts ______President GORDON SillIPSON, Texas __ 1st Vice President ROBERT E. QUINN, Rhode Island ______.2nd Vice President TnOllIAS H. KING, District of Columbia ______·---- ___ Secretary EowARD B. BEALE, Maryland . __ T1·easurer JOHN RITCHIE, III, Wisconsin Delegate to A. B. A. DirC'etors Nicholas E. Allen, Md.; Louis F. Alyea, Ill.; Joseph A. Avery, Va.; George W. Bains, Ala.; Oliver P. Bennett, Iowa; Ralph G. Boyd, Mass.; Eugene M. Caffey, D. C.; Paul W. Brosman, La.; Robert G. Burke, N. Y.; Charles L. Decker, Va.; Reginald Field, Va.; Osmer C. Fitts, Vt.; Edward F. Gallagher, D. C.; George H. Hafer, Pa.; Reginald C. Harmon, D. C.; Edward F. Huber, N. Y.; William J. Hughes, D. C.; Arthur Levitt, N. Y.; Ira H. Nunn, D. C.; Alexander Pirnie, N. Y.; Allen W. Rigsby, Nebr.; Fred Wade, Tenn.; Frederick Bernays Wiener, D. C.; S. B. D. Wood, Hawaii; Milton Zacharias, Kans. Exe..utive Sec1•etary and Editor RICHARD H. LOVE Washington, D. C.

Bulletin No. 16 March, 1954

Puhli"ation Nniiee 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 Army's New Judge Advocate General 1 A Classic Misconception: The Presumption of Sanity as Evidence _ 8 The French Code of Military Justice 15 Announcement of 1954 Annual Meeting 18 General Brannon Completes Tour as TJAG-Army _ 19 Jurisdiction Over Servicemen Abroad 20 The American Bar Association 22 COMA Held Not To Be Administrative Agency 25 The Assistant JAG of the Army Retires 26 J AA Luncheon at A. B. A. Regional Meeting 27 Book Announcements 28 What the Members Are Doing 30 Supplement to Director y of Members, July, 1953 33

Published by the Judge Advocates Association, an affiliated organiza­ tion of the American Bar Association, composed of lawyers of all com­ ponents of the Army, Navy, and Air Force. 312 Denrike Building, Washington 5, D. C. STerling 3-5858 THE ARlUY'S NE\V JUDGE ADVOCATE GENERAL By Colonel Frederick Bernays \Viener, JAGC, l:SAR Little did I realize, when Captain lowed along, and there are distin­ E. M. Caffey, JAGD, walked into my guished officers now living. who still office in the Interior Department in relate how young Gene learned to . the Fall of 1934 to discuss a matter shoot with bows and arrows at the relating to Puerto Rico, that I was goats that were tethered in the vicin­ seeing for the first time the officer ity of what, in those benighted days, who was to become the 21st Judge was known as Suds Row. The dif­ Advocate General of the U. S. ficult phase of this operation, so the Army.1 And little did he realize, young lad is quoted as having re­ a year and a half later, when he ad­ marked contemporaneously, was pull­ ministered to me the oath of office ing the arrowheads out of the tar­ in connection with my first commis­ gets. At any rate, while accom­ sion as Captain JAG-Res., that he panying the 15th Foot, in the Philip­ was fixing the longevity-pay datum pines and in China, the prospective point for a future biographer. successor to Holt and Lieber and Eugene Mead Caffey was "Qorn on Crowder, so far as evidence now 21 December 1895, in Georgia, in a available indicates, did not have a modest but· Southern home. Orie of legal thought in his head. his grandfathers was a Confederate But he grew up, all in due course, veteran, the other had fought for and in July 1915 went to West Point, the Union. His father, Lochlin W. to become a member of the Class of Caffey, volunteered for service in a 1919 at the famous educational in­ Georgia regiment during the Spanish­ stitutional there located, the V. M. I. American War, served further in the of the North, sometimes also known ranks and as a lieutenant in the 40t~ as Hudson Tech. Because of the ac­ U. S. Volunteer Infantry, and then celerated courses consequent upon .was commissioned in the Regular the first 'Vorld War, he graduated on Army in 1901, being transferred to 12 June 1918, and on that day was the 15th Infantry in 1902.2 When commissioned Second Lieutenant, that historic body of foot went on First Lieutenant, and Captain (tem­ foreign service, the dependents fol- porary) in the Corps of Engineers. When the Armistice was signed he I See Fratcher, Notes on the His­ was in command of a company of tory of the JAGD, 1775-1941, 1 JAJ the 213th Engineers of the 13th Divi­ (15 June 1D44) 5, for the listing up to 1941. Thtee Judge Advocates General, sion, in training at Camp Lewis, Colonels Tudor, Lawrance, and Ed­ ·washington. wards, served in the Revolutionary Thereafter, while on foreign serv­ Army. ice, he had his first real taste of law: 2 Lochlin W. Caffey, 1868-1942. he was the demon TJA of the Panama Colonel, Infantry, temporary, 1918; Colonel, Infantry, pe1manent, 1927; Canal Department, and in that ca­ retired 1932. pacity contributed to sending numer­ 2 The Judge .Advocate Journal ous miscreants to stockades, guard­ was not for long, however. · The re­ houses, penitentiaries, and enrollment duction of 1922 made him a lieuten­ in that special Leavenworth course, ant again, and it was not until 1 July the one for ex-officers at the U. S. 1933 that, for the third and last time, D.B. he was promoted to Captain. (Judge Then followed service in Chile, in advocates unhappy about their pro­ connection· with the Tacna-Arica motion prospects will therefore be Plebiscite Commission headed by well advised to seek consolation from General Pershing; and in Nicaragua, persons other than their present where he assisted in exploring the al­ chief.) ternative canal route. When he re­ Then, after a tour·of duty with the turned, he applied for detail with the 1st Cavalry Division at Fort Bliss, J. A. G. D.; enough of engineering. Captain Caffey was ordered to The He was accepted, and was sent to the Judge Advocate General's Office for University of Virginia Law School. duty with the Insular Affairs Sec­ While there, he was elected to mem­ tion. In this capacity he represented bership on the Board of the Virginia the Government of Philippines in the Law Review, and in his third year courts, the last of a long line of such was the Virginia Section Editor of representatives, among whom had that periodica\. been Magoon (of Magoon's Reports) The contributions in volumes 18 and and Mr. (now Mr. Justice) Frank­ 19 Va. L. Rev. signed "E. M. C." re­ furter. flect a critical outlook, a sensible ap­ While in JAGO, Captain Caffey proach, and a mature style; 3 any argued one Philippine case in the lawyer would be proud to have writ­ Supreme Court,4 an unusual· experi­ ten them while still a student. ence for a junior officer, though in But, although he had been admit­ this instance a somewhat disconcert­ ted to the Virginia bar in September ing one,· because although the judg­ 1932, and on graduation in June 1933 ment below was in his favor, he lost became an LL.B., the subject of this the case to a Philippine lawyer who sketch could show little by way of never left Manila! 5 While there also, tangible military advancement. His Captain Caffey participated in the wartime captaincy had lapsed in Feb­ litigation involving the secured de­ ruary 1920; back he went to one bar. posits made by the Philippine Gov­ With the effective date of the Na­ ernment in national banks that later tional Defense Act of 1920, he be­ became insolvent, in issues which came a Captain the second time.· It were finally resolved, favorably to the Government's contentions, in the com­ 3 Equity-Effect of Declaratory panion cases of Inland lVaterways Judgment Statutes on Jurisdiction, 18 Va. L. Rev. 338; Payee of Nego­ 4 Ben_qzon v. Secretary of Justice, tiable Instrument as Holder in Due 299 u. s. 410. Course, 18 Va. L. Rev. 660; Principal 5 "Argued by Mr. Eugene M. Caffey and Surety-No Limit on Hired Sure­ for the respondent, and case submit­ ty's Liability, 18 Va. L. Rev. 690; ted by Mr. Pedro Y. Ylagen for the Mechanics' Lien - Applicntion to petitioner." J. Sup. Ct., Oct. T. 1936, Church Property, 19 Va. L. Rev. 306. p. 98. T he J udge Advocate Journal 3

U. S. Army Photn1

Corp. v. Young 6 and Woodring v. culated, substantially more unsink­ Wardell.1 able.) In 1938, Captain Caffey was as­ By June 1941, in the quaint jargon sign'.!d as judge advocate at the In­ of the Trinidad newspapers, I was fantry School, where, in the Spring of "Judge Advocate of the American 1940, he was finally promoted to Forces'', and we were all looking for­ Major. His had. been the first class ward to being reinforced. Advance since the Spanish· War whose mem­ parties were on the way. Soon we bers had served more than twenty learned that the 20th Engineers was years in the company grades. Later coming, and then that its representa­ in the same year, when the 4th Divi­ tive would be-yes, Lieutenant Colo­ sion was activated at Fort Benning, nel Caffey, C. E. Well, they cut or­ he was transferred there as Division ders announcing Lt. Col. Caffey, Judge Advocate. JAGD, as Sector Engineer. "Oh, no," By early 1941, however, it became I rushed to tell our Adjutant, "Colo­ obvious that war was probable. War nel Caffey has gone back to the CE. service at the judge advocate's desk, He wrote me so!" But in the 1941 however, did not conform to Major Army Register he was listed as Caffey's notions of where his duty lay. "JAGD", and how could a Reserve Inter arma silent leges affects indi­ · Major be right and the Army. Regis­ viduals as well as institutions. So, ter wrong? Not until the new Engi­ after learning that the lads with the neer arrived in persor)., duly wearing Essayons buttons were prepared to castles, was the staff of the Trinidad welcome him back to the fold, he ap­ Base Command convinced. plied for and was granted a retrans­ fer to the C. E., effective February I shall always be grateful for the 1941, with station still at Benning assistance, moral and otherwise, that and assignment to the 20th Engineers. Lt. Col. Caffey gave me during his At this point I must obtrude an­ too short stay in Trinidad. He was other personal note. The Base Lease president and law member· of the Agreement had been signed, and the GCM, and president of the SCM. first Atlantic bases were about to be Thanks to his wise counsel, the mem­ garrisoned. When, therefore, early in bern early learned that "I had three April 1941, General Gullion, TJAG, drinks, sir, and after that I don't re­ had asked me whether I would be member a thing until I woke up in interested in assignment there, and if the guardhouse," was not necessarily so, at which base, I replied (after a a conclusively exculpatory · circum­ night of anguished cogitation) that stance. Thanks to the sentences his· I was interested-on the theory that courts adjudged, also, crime became it would be my last chance for adven­ definitely less popular. _And thanks ture-and that I would prefer Trini­ to. the Dig. Op. JAG citations to dad. (lt was considerably larger which he referred me, I was able on than Bermuda and hence, or so I cal- · appropriate occasion to point out ii-_ legal features in proposed circulars­ G309 U.S. 517. to no avail, of course. (This was .the '309 u. s. 527. jurisdiction where the 9G rearranged The Judge Advocate Journal 5 the volumes of my law library ac­ His courage and his presence in the cording to size-all the tall books very front of the attack, coupled with his calm disregard of hostile fire, in­ to the left of the shelf.) spired the troops to heights of enthu­ In September 1941, Lt. Col. Caffey siasm and self-sacrifice. Under his was recalled on emergency leave; he experienced and unfaltering leader­ never returned to Trinidad, and the ship, the initial error in landing off­ 20th Engineers never went there. In­ course was promptly overcome, con­ fusion was prevented, and the forces stead, he-by then a Colonel-and necessary to a victorious assault were they sailed for North Africa, and in successfully and expeditiously landed early 1943 participated in the Tunis­ and cleared from the beaches with a ian campaign, winding up in Bizerte. mm1mum of casualties. He thus contributed, in a marked degree, to In the process, Colonel Caffey was the seizing of the beachhead in awarded two decorations, a Silver France. Star for gallantry, and a Purple After conditions became more sta­ Heart for his jeep-driver's mistake. bilized, Utah and Omaha Beaches (The poor lad drove right over a Ger­ were combined as Beach District, man mine.) Colonel Caffey commanding.9 Later, Thereafter, Colonel Caffey was as­ he commanded other Districts and signed to command of the 1st Special Base Sections in Europe, and I can Engineer Brigade, and was with that testify from personal observation dur­ unit in the Sicilian invasion and on ing the Okinawa campaign, where the Utah Beach at D-Day in Normandy. 1st Special Engineer Brigade had On the latter occasion, he was been shifted in early 1945, to partic­ awarded the Distinguished Service ipate in the initial landing, how the Cross; here is the citation:~ officers of that unit spoke nostal­ For extraordinary heroism in con­ gically of the days when they had nection with military operations still been Gene Caffey's lads. (Com­ against an armed enemy on 6 June 1944, in France. Colonel Caffey parisons, however invidious they may landed with the first wave of the be, are none the less inevitable.) forces assaulting the enemy-held The war over, Colonel Caffey was beaches. Finding that the landing had been made on other than the sent to the National War College, planned beaches, he selected appro­ serving on a committee that under­ priate landing beaches, redistributed took to standardize amphibious doc­ the area assigned to shore parties of trine, and, on graduation, was ordered the 1st Engineer Special Brigade, and to engineer duties on the West Coast. set them to work to establish routes inland through the sea wall and mine­ But peace time engineer duty had as fields to reinsure the rapid landing little charm as war time judge advo­ and passage inshore of the following cate duty, and in 1947 Colonel Caffey waves. He frequently went on the came back into the other fold, re­ beaches under heavy shell fire to force incoming troops to disperse and move joining the JAGD. promptly off the shore and away from the waterside to places of conceal­ n For Colonel Caffey's activities as ment and greater safety further back. an officer exercising GCM jurisdiction in this period, see Buck and Ford, s G. 0. 161, Hq. Theater Service Military Justice in Normandy, 2 J AJ Forces, ETO, 1945. (Summer 1945) 50. 6 The Judge Advocate Journal

The Army and Na.vy Journal, in a suppose that he represents the tradi­ recent article, referred to the Caffey tional military "ironpants" attitude oscillations between law and engineer­ that has invited so many assaults on ing as the mark of a split personality. the law military. I prefer to regard them as a mani­ festation of the eternal struggle be­ They could not be more wrong. tween things and thinking, between The present Judge Advocate General materialism and matters of the spirit, is a man who detests injustice. It with, in this instance, virtue finally may suffice to note that he had no hesitation in authorizing Government triumphant. After all, as I have re­ marked many times to the target of appellate counsel to confess error in the present paper, "The only person the CMA-the first such confession in dumber than a dumb lawyer is a the history of that tribunal-and that, smart engineer." finding while serving on a screening board that an officer's record was ad­ Beginning in 1947, Colonel Caffey versely affected by an Article 69 case, was Administrative Officer (and de he took steps to insure that case be­ facto Exec.) in JAGO, primarily oc­ ing further reviewed. Moreover, he cupied with matters of personnel. In insists that Boards of Review conduct August 1948, he was transferred to themselves as independent judicial Third Army as Army Judge Advo­ tribunals, standing on their own feet, cate, where he remained until the carrying their own responsibilities, summer of 1953, when he was pro­ and not simply submitting draft opin­ moted to Brigadier General and as­ ions for approval. signed to JAGO as Assistant Judge Advocate General in charge of Civil General Caffey, furthermore, de­ Matters. spises asininity. Discussion of de­ tailed examples is unnecessary; suf­ On 22 January 1954, the President fice to say, however, that he has no nominated him to be Major General, patience with the comma-chasing ex­ The Judge Advocate General. While cresences that have attached them­ the nomination was pending, he was selves, barnacle-like, to so many on 27 January, by direction of the aspects of JA work. He is an ex­ President, designated Acting The .ponent of the principle that the only Judge Advocate General, and on 5 sure road to failure is to try to please February 1954, his nomination was everyone-and he has not consciously confirmed and his promotion and per­ followed that road, nor has he ever manent office took effect. suffered fools gladly, anywhere, or at General Caffey will serve until 31 any time. December 1957, just a month or so Affirmatively, General Caffey is a short of a full four year term. Those practising exponent of the traditional meeting him for the first time may be military virtues-moral courage, a taken aback by his apparent outward precise sense of honor, respect for the sternness, and, seeing his combat rib­ uniform and for the individual whom bons, knowing of the many years he it clothes, and an abiding devotion to spent in engineering pursuits, may the notion that a military career is a The Judge Advocate Journal 7 profession and not merely a salaried are married; and No. 3 girl, No. 4 job with a promise of rapid advance­ boy, No. 4 girl, and No. 5 boy are at­ ment. tending schools and colleges. The The present Judge Advocate Gen-· last reported score on grandchildren era! left the ranks of bachelordom on was five. or shortly after his graduation from Well, this is a biographical sketch the Military Academy, and he and that differs somewhat from the usual Mrs. Caffey have nine children, con­ PIO handout. Perhaps it is a bit too stituting a family that is remarkable personalized. But if it reads like an in numbers-and in quality. The No. advocate's paper, that fact is a con­ 1 boy is a doctor in Richmond, Va.; sequence of the many opportunities No. 2 boy is a Captain, CE (RA), in I have had, over so many years, to Korea; No. 3 boy is a civil engineer judge what manner of judge advocate in Los Angeles. Girls Nos. 1 and 2 Gene Caffey is.

STATElUENT OF POLICY

The Judge Advocates Association, an affiliated organization of the Ameri­ can Bar Association, is composed of lawyers of all components of the Army, Navy, and Air Force. Membership is not restricted to those who are or have been serving as judge advocates or law specialists. The Judge Advocates Association is neither a spokesman for the services nor for particular groups or proposals. It does not advocate any specific dogma or point of view. It is a group which seeks to explain to the organized bar the disciplinary needs of the armed forces, recalling, as the Supreme Court has said, that "An Army is not a deliberative body," and at the same time seeks to explain to the non-lawyers in the armed forces that the American tradition requires, for the citizen in uniform not less than for the citizen out of uniform, at least those minimal guarantees of fairness which go to make up the attainable ideal of "Equal justice under law." If you are now a lawyer, if you have had service in the Army, Navy or Air Force or are now connected with them in. any capacity, active, inactive, or retired, and if you are interested in the aims herein set forth, the Judge Advocates Association solicits your membership. 8 The Judge Advocate Journal A CLASSIC lUISCONCEPTION: THE PRESU~IPTION OF SANITY AS EVIDENCE By Robert C. Taylor * (Prepared for the Institute of Military Law) Although volumes have been writ­ ture of a presumption. Without at­ ten on the subject of mental responsi­ tempting a detailed definition of the bility for criminal acts, few authors term "presumption", the better rea­ have concerned themselves with the soned authorities maintain that pre­ evidentiary problems that inevitably sumptions are rules of law laid down arise whenever sanity becomes an is­ by the judge as distinguished from sue in a criminal case. For this inferences from facts, which are con­ reason appellate courts are prone to sidered by the jury.2 At all times, apply rules of criminal evidence· to one must keep in mind that the pecu­ the issue of insanity without regard liar effect of a presumption is to in­ to the purposes for which those rules voke the rule of law, thus compelling were formulated. Nowhere in our the jury to reach the conclusion in the system of criminal jurisprudence' is absence of evidence to the contrary; 3 there a more striking example of a but if sufficient evidence to the con­ blind application of a legal conclusion trary is offered, the presumption dis­ than in the courts-martial structure appears as a rule of law, and the case of our Armed Forces, for in every goes to the jury free from any such court-martial in which the issue of the rule.4 Accordingly, the great weight accused's sanity reasonably is raised, of authority in the United States the triers of fact are instructed that holds that a presumption (the rule of they may consider all the evidence, including that supplied by the pre­ ~ Wigmore, Evidence, Sec. 2490, .~nmption of scinity.1 It is this obvious 2491; Greenleaf, Evidence, Sec. 44; Thayer, Preliminary Treatise on Evi­ misconception of the purpose of the dence, Appendix B; Wharton, Crim­ presumption of sanity that furnishes inal Evidence, (11th ed.), Sec. 69 et the subject matter of this article. seq.; Am. Jur., Evidence, Sec. -166; Before analyzing the presumption Lincoln v. French, 105 U. S. 614 ( 1881) ; Mobile, etc. v. Turnipseed, of sanity in particular, it first is 21D U. S. 35 (1910); Ariasi v. Orient necessary to consider the general na­ Ins. Co., 50 F. 2d 548 (9th Cir., 1931) ; Price v. United States, 218 Fed. 149 (8th Cir., 1914); Chamblis.~ *First Lieutenant, JAGC-USAR, Y. United States, 218 Fed. 155 (8th presently on duty as appellate defense Cir., l!Jl4); Morgan, "Some Observa­ counsel in the Office of The Judge tions Concerning Presumptions," 4.1 Advocate General of the Army. The Harv. L. Rev. 906 (1930-31); Fiske, views expressed herein are those of "Presumptions," 11 Cornell L. Q. 20 the author and do not necessarily re­ (1925); Model Code of Evidence, flect the views of the Department of the Army or The Judge Advocate Rule 704 (2). General. 3 \Vigmore, supra, sec. 2491. 1 Manual for Courts-Martial, United 4 Ibid.; Lincoln v. French, supra., States, 1951, par. 122a, page 202. at 617. The Judge Advocate Journal 9 law) is not evidence to be weighed by guishing between "presumptions of the triers of fact.° Fortunately, the law" and "presumptions of fact" old, poorly reasoned decin:ons distin­ have been discarded in the United States G and even in England.7 Although the majority of American ·' \Vigmore, supra., sec. 2490 et seq.; Thayer, supra., Appendix B; jurisdictions now are following the Bo/lenbach v. United. States, 326 (U. better rule, there exists even today S. 607 (1946)); Guaranty Trust Co. within the decisions of the Supreme v. Minn., etc., 36 F. 2d 747 (8th Cir., Court of the United States a prec­ 1929); Mullins v. Ritchie Grocer Co., 183 Ark. 218, 35 S. W. 2d 1010 edent to the effect that the presump­ (1931); Jones v. Phillips Petroleum tion of innocence is evidence to be Co., 186 S. W. 2d 868 (1945); Vincent weighed by the jury. To illustrate v. Mutual Reserve, 77 Conn. 281, 58 the nature of this startling rule, a A. 963 (1904); Wright v. Boston, etc., 74 N. II. 128, 65 A. 687 (1907); brief summary of events is necess~ry. Grier v. Penn. Coal Co., 128 Pa. 79, In 1894, the Supreme Court decided 18 A. 480 (1889); Colangelo v. Colan­ the case of Coffin v. United States/" gelo, 46 R I. 138, 125 A. 285 (1!l24); which was to become a landmark in Peters v. Lohr, 24 S. D. 605, 124 judicial confusion.9 At the trial level, N. W. 853 (1910). See 95 ALR 880 for similar hold­ the judge gave complete instructions ings in the following states: Dela­ on reasonable doubt, but no specific ware, Indiana, Iowa, Nebraska, New instruction was given as to the pre­ Jersey, Oklahoma, Texas, Utah, sumption of innocence. The Supreme \Vashington, and Wisconsin. In N. Y. Life Ins. Co. v. Gamer, Court thus was directly confronted 303 U. S. 161, decided in 1938, the with the issue of whether this failure Supreme Court held that the pre­ to instruct was prejudicial error. In sumption that death was due to acci­ the course of the opinion the Supreme dent rather than suicide is a rule of law; it is not evidence and may not Court placed in print a statement that be given the weight of evidence. In has caused repercussions from the commenting on this, the editors of the moment of its presentation until the American Law Reports in 114 ALR present time: 1226 stated that the Gamer case brings the Supreme Court into accord "This legal presumption of inno­ with what is now the conventional cence is to be regarded by' the jury, view, namely, that a presumption is in every case, as matter of evidence, ·not evidence to be weighed by the to the benefit of which the party is triers of fact. entitled." in The law on this point had for many years in Connecticut been determined To support this astounding conclu­ by the case of Barber's Appeal, G3 clusion, the court cited 1 Greenleaf, Conn. 393, 27 A. 973 (1893), wherein it was decided that the presumption of a testator's sanity was evidence to be 6 Wigmore, supra., sec. 2491; weighed but the Connecticut Supreme Thayer, supra., Chaps. 8 and 9 ;·Whar­ Court adopted the majority view that ton, supra; Morgan, supra. presumptions are not evidence and ex­ 7 Denning, "Presumptions and Bur­ pressly overruled Barber's Appeal. dens," 61 L. Q. Rev. 379 (1945). The rule of the Vincent case is now settled law in Connecticut, cf. O'Dea 8 Hi6 u. s. 432. v. Amodeo, 118 Conn. 58, 170 A. 486 9 \Vigmore, supra., sec. 2511. (1934). 10 United States v. Coffin, p. 459. 10 The Judge Advocate Journal

Evidence, Sec. 34, a text offering no on Evidence.14 Thayer points out authority whatever for the rule an­ that the presumption of innocence is nounced.11 Having concluded that independent of evidence, being the the presumption of innocence was same in all cases; and in all cases evidence in favor of the accused, the operating indiscriminately, in the Court held that failure to instruct same way, and with equal force.13 thereon was prejudicial error. He then concludes that the presump­ tion itself, the legal rule, conclusion, Condemnation of the Coffin case or position, cannot be evidence.16 was almost immediate.12 The most Thayer turns also to Greenleaf's sen­ notable blast leveled at the faulty rea­ tence, pointing out that Wigmore con­ soning in that opinion was delivered demned it; Taylor on Evidence, the by Professor James Bradley Thayer English handbook, omitted it; Cham­ (who has been referred to as the mas­ berlayne, the editor of Best and Tay­ ter in the law of Evidence13 ) in a lor on Evidence, denied it; and it famous lecture, later reprinted as an does not even appear in Volume III appendix to his Preliminary Treatise of Greenleaf's own work dealing specifically with criminal cases.17 So effective was Thayer's attack on the 11 The following cases were cited by Coffin case that the decision was re­ Greenleaf to support the proposition: Edwards v. State, 21 Ark. 512 (1860), jected in at least one state court lS which held only that a person charged in an indictment is a white person, in the absence of a showing to the con­ 14 The lecture was delivered at Yale trary. Case v. Case, 17 Cal. 598 University in 1896, one year after the (1861), discusses only the inference Coffin case was published. His final of marriage drawn from cohabitation words on the subject are worthy of as a defense in a prosecution for note: "It is easy to say that legal pre­ bigamy. sumptions are evidence. But as one Goggans v. Monroe, 31 Ga. 331 who has long and attentively studied (1860), held that it was error to fail the subject of presumptions, I can to charge that the plaintiff's character only say that I know of nothing to is presumed good until proved bad. support it in any s.ense which t~n~s t~ McEwen v. Portland, 1 Ore. 300 sustain the reasonmg of the opm10n. (1860), contains a discussion of the Thayer, Evidence, Appendix B. hearsay rule. . Professor Wigmore, who edited the 15 Id. last edition of Greenleaf's work, 16 Id. pointed out at the time the text was 17 Id. published that there was no authority is The Supreme Court of Vermont whatever to support the cited propo­ overruled all prior precedents to the sition. In his own work, published contrary in favor of Thayer's reaso_n­ in 1940, Wigmore dissects the errone­ ing. Speaking in Tyrell v. Prudential ous theory expounded by Greenleaf Ins. Co. of America, 109 Vt. 6, 192 A. and gives a detailed analysis of the 184 (1937), that court noted .the harmful effect it produced upon our change from the Coffin ca~e, !!raised jurisprudence. See Wigmore, Evi­ Professor Thayer, and said: Upon dence, sec. 2511. a careful reconsideration of the ~h?le 12 Wigmore, supra. subject, and with a keen ~ppr~c1at1on of the wide spread effect 1t will.have 1a Id. upon our jurisprudence, but with a The Judge Advocate Journal 11 and finally in the Court of its origin.19 States Supreme Court on the issue of It now is the federal rule that the pre­ insanity.21 In United States v. sumption of innocence is not evidence Davis,22 the Court announced the to be weighed by the triers of fact.20 federal rule as to burden of proof in The dangerous reasoning of the all cases wherein the sanity of ari Coffin case nevertheless found its way accused is raised; an accused is en~ into the leading decision of the United titled to an acquittal of the specific crime charged if, upon all the evi­ is Continued. dence, there is reasonable doubt firm conviction that a false doctrine whether he was capable in law of has dominated the subject and per­ committing crime.23 In the course sisted in our law too long already, we of the opinion,. however, the court have now reached the following con­ clusion: A presumption, of itself cites the Coffin case for the proposi­ alone, contributes no evidence, and tion that the presumption of inno­ has no probative quality." cence is evidence in favor of the ac­ in Coffin v. United States, 162 U. S. cused; then, as if to balance the 664 (1896) (second appeal); Agnew scales, the opinion states the phrase v. United States, 165 U. S. 36 (1897); which today corrupts one of our mili­ United States v. Holt, 218 U. S. 245 tary rules of criminal evidence: (1910); Wilson v. United States, 232 U. S. 563 (1914); Casey v. United "If the whole evidence, including States, 276 U. S. 413 (1928). Al­ that supplied by the presumption of though Coffin has been cited many sanity, does not exclude beyond rea­ times, no later Supreme Court case sonable doubt the hypothesis of in­ has cited it for the rule under attack. sanity; of which some proof is ad­ In Agnew and Holt, the defendant ex­ duced, the accused is entitled to an pressly requested an instruction that acquittal of the specific offense the presumption of innocence was charged." 24 (Emphasis supplied). evidence in his favor; held, denial of such instruction was not error. Those eight words italicized are not 2o In United States v. Nimeiick, a correct statement of the law! The 118 F. 2d 464 (1941), the Court of Ap­ presumption of sanity is a rule of peals, Second Circuit, said: "The pre­ law founded on the fact that men in sumption of innocence is not evidence. general are sane.25 It serves a specific Later Supreme Court cases have mod~ ified, and perhaps even nullified, the purpose-it relieves the prosecution views about the presumption of inno­ of the useless burden of proving san­ cence expressed in Coffin v. United States." 21 Thayer, supra. And in United States v. Schneider­22160 u. s. 469 (1895). man, 102 F. Supp. 52 (1951), it was 23 Leland v. Oregon, 343 U. S. 790 stated in effect that: The presumption (1952); Matheson v. United States, of innocence is but the reverse side 227 U. S. 540 (1913); Hotema v. of the talisman which lays upon the United States, 186 U. S. 413 (1902); prosecutor the burden of proof of Holloway v. United States, 148 F. 2d guilt beyond a reasonable doubt be­ 665 (App. D. C. 1945); Tatum v. fore conviction. To ascribe greater United States, 190 F. 2d 612 (App. weight or wider scope to the presump­ D. C. 1951) ; United States v. Gundel­ tion of innocence would be to fall into finger, 102 F. Supp. 177 (D. C., Pa. the error of Coffin v. United States, 1952). which was corrected in Agnew v. 24 Supra., note 22. United States. 2:; Thayer, supra. 12 The Judge Advocate Journal ity in every case, and thus supplies sequent to Davis has suggested that in the first instance the required proof the presumption of sanity is evi­ of capacity to commit crime.26 BUT dence.31 THE RULE ITSELF IS NOT EVI­ Insofar as the Armed Forces are DENCE AND CANNOT BE EV~ concerned, the United States Court of DENCE! Military Appeals has held that the Numerous state courts have recog­ rule of the Davis case requires the nized the distinction and have placed government, when insanity is placed the presumption of sanity in its in issue, to prove sanity beyond a rea­ proper setting.27 Nowhere is the rule better stated than in the case of State one side of the scale and the evidence v. Green,28 decided by the Supreme tending to show insanity on the other side of the scale and thus determine Court of Utah in 1931. In disposing the relative weight of the presump­ of an instruction which allowed the tion of sanity as compared with the jury to consider the presumption of evidence of insanity. If by this proc­ sanity as evidence, that Court said: ess of comparison the jury should de­ termine that the presumption of san­ "The presumption of sanity is not ity was equal to or outweighed the evidence and may not be so consid­ evidence of insanity, then they must ered by the jury where there is evi­ find the defendant sane. If, however, dence before the jury tending to show the evidence tending to show that the that the accused was insane at the defendant was insane at the time of time charged." 2!l the alleged crime outweighed the pre­ sumpt'on of sanity, then and not until To hold otherwise is to allow the then. was the jury at liberty to weigh triers of fact to weigh a rule of law the evidence bearing on the question on the one hand against facts in evi­ of insanity. * * * It [the weighing of evidence agai.nst a presumption] re­ dence on the other.30 The difficulties quires the jury to compare and de­ arising from such a situation are so termine the relative weight of evi­ obvious that not one federal case sub­ dence on the one hand with the pre­ sumption on the other hand. Such a ~G Supra., note 22. task is fraught with so many difficul­ ties as to render it well nigh impos­ ~•State v. Gargano, 99 Conn. 103, 121 A. 657 (1923); Allman v. llials­ sible of intelligent solution, and is bury, 224 Ind. 177, 61 N. E. 2d 189 calculated to mislead and confuse the (194G); State v. Jones, 64 Iowa, 349, jury, especially in the absence of some 17 N. W. 911 (1883), followed in rule of Jaw whereby the weight of the State v. Thiele, 119 Io. 6G9, 94 N. W. presumption may be determined. 256 (1903); People v. Cochran, 313 :n Even the one or two state cases Ill. 508, 145 N. E. 207 (1924) ; Whar­ decided since Davis and favoring the ton's Criminal Evidence, Sec. 78. view that the presumption of sanity is evidence are careful to use qualifying 2s 78 Utah 580, 6 P. 2d 177 (1931), cited with approval in; State v. Pret­ language. Cf. Clifford v. Taylor, 204 191 P. 2d 142 (1948). Mass. 358, 90 N. E. 862 (1910), ex­ tyman, plained in Commonwealth v. Clark, w State v. Green, supra., at 182. 198 N. E. 641 (Mass., 1935). And in 30 Id. at 183; after quoting the in­ California presumptions are treated struction given, the Utah court went as evidence by statute (Code of Civ. on to say: "The clear meaning of the Proc., Sec. 1957) which explains the language just quoted is that it became language in decisions such as People the duty of the jury at the outset to v. Chamberlain, 7 Cal. 2d 257, 60 P. place the presumption of sanity on 2d 299 ( 1!)36). The Judge Advocate Journal 13 sonable doubt as well as the elements consider the presumption of sanity as of the crime charged.32 Thus, the evidence in favor of the government ratio decidendi of the Davis decision merely because this identical phrase has been correctly made a part of was unfortunatly uttered in the Davis military criminal law. case,:i4 instructions to a court-martial Cases now pending before the Court on the issue of insanity inevitably in­ of Military Appeals have squarely clude the phrase under attack.3~ raised the issue under discussion.33 Consequently, a decision by the Court Since the Manual for Courts-Martial of Military Appeals striking down as specifically allows a court-martial to error such an instruction would re­ move an anomaly which has existed in :i~ United States v. Bnrns (No. 847), military jurisprudence too long al­ 2 USCMA 400, 9 CMR 30. ready. a:i After the final draft of this ar­ It seems that such a clearly errone­ ticle was prepared, the United States Court of Military Appeals handed ous proposition can be justified only down its opinions in the three cases by arguing that this Manual provi­ involving the questioned instruction. sion does not conflict with any pro­ In United States v. Biesak (No. 2676), vision of the Uniform Code of Mili­ decided 12 February 1954, although tary Justice.36 True, the President is affirming the conviction, the Court discussed at length the argument pre­ empowered by Congress to prescribe sented on behalf of the defense. modes of proof in cases before courts­ Judge Brosman, for the Gourt, then martial 37 and he has done so by pro­ discussed in detail the problem in­ volved. Although conceding that the mulgating the Manual for Courts­ "words of the Manual might properly Martial. In the absence of a con­ be clarified," in the absence of a re­ flicting Code provision, the argument quest for elaboration the opinion finds runs, the Manual provision must pre­ no prejudicial error in the instruc­ tion. It is the Court's view that the law officer in his use of the term "pre­ rebuttable, an accused may escape sumption of sanity" referred to a per­ conviction yet may avoid medical missive, rather than a mandatory, h­ commitment because of the unavail­ ference, thus informing the court­ ability of evidence sufficient for an martial that, apart.from the existence adjudication of insanity. See also of the presumption of sanity, they are United States v. Johnson (No. 2588) free to consider through the lens of and United States v. Walters (No. general human experience the "ra­ 3449), decided by the Court of tional probability" that most men are Military Appeals on the same day, sane. Further, the opinion holds that and reaching the same conclusion on the instruction would be sustainable the instructional question, as the even if the word "presumption" had Biesak case. been used to connote a rule of law. 34 Legal and Legislative Basis, Adopting a pragmatic approach, the Manual for Courts-Martial, 1951, page Court reasons that the presumption 168. of sanity would not vanish as a man­ 35 For example, the instructional datory inference until the accused guide published by the Department presented evidence that the triers of of the Army (DA Pamphlet 27-9) fact believed because (1) evidence repeats the Manual provision verbatim bearing on sanity is peculiarly within in the sample instruction on sanity. the control of the accused, (2) in­ 3n 50 U. S. C. Secs. 551-736. sanity is easily feigned, and (3) if 37 Article 3G(a), Uniform Code of the presumption of sanity is easily Military Justice. 14 The Judge Advocate Journal vail. Careful analysis, however, dis­ doubt as to sanity. Until the provi­ closes two possible conflicts between sion here condemned is erased from the Manual statement that the pre­ the Manual, the purpose of Article sumption of sanity may be considered 5l(c) (1) will have been completely as evidence and the Uniform Code of disregarded. Military Justice. The steps here urged will have no (1) Article 36(a) of the Uniform drastic effect upon the outcome of Code of Military Justice provides that trials by courts-martial. Removal of the President, in prescribing modes the offending phrase from the Manual of proof, shall apply the principles of will merely place upon trial counsel law and rules of evidence generally the burden that the government should recognized in the trial of criminal have had in all cases wherein the cases in the United States District issue of insanity reasonably was Courts. (Emphasis supplied). It is raised, i.e., proving the sanity of the submitted that the Manual provision accused beyond reasonable doubt by under consideration is not the law legal and competent EVIDENCE! today and never was the law in the More psychiatric examinations, more federnl courts! Eight words, taken testimony from friends and associates out of context from dictum in the of the accused, more evidence of past Davis case, have been molded into a medical history, will be required of i·ule of criminal evidence in spite of the government in building its case the fact that no federal case has ex­ for sanity.' But is not this the duty pressly held that the presumption of of the govP-rnment in every case and sanity is evidence and in the face of on every issue, to destroy reasonable recent federal decisions that the pre­ doubt by overwhelming evidence from sumption of innocence is not evidence. which the jury may infer guilt? Ob­ (2) Article 51 (c) (1) of the Uni­ viously, the government should not form Code of Military Justice pro­ be allowed the benefit of a rule of vides that the accused must be pre­ law such as the presumption of sanity sumed to be innocent until his guilt when at the same time the accused is is established by legal and competent denied an instruction that the pre­ evidence beyond reasonable doubt. sumption of innocence is evidence But if the members of the court-mar­ weighing in his favor. By placing tial may weigh the presumption of the presumption of sanity in its sanity with the evidence introduced on proper setting, the administrators of that issue, then this rule of law, of military justice will leave every its.elf, may be sufficient to tip the court-martial free to weigh fact scales of doubt against the accused. against fact, testimony against testi­ In every case where the presumption mony, unencumbered by a rule of law is weighed as evidence, there is the which has no place in the jury room. danger that the triers of fact will be When this is done, the instruction of convinced that the accused is sane, sanity now given in our court-martial whereas if that rule of law were re­ system will completely protect rather moved from consideration, the fact than prejudice the substantial rights finders would entertain a reasonable of every accused. The Judge Advocate Journal 15 THE FRENCH CODE OF lUILITARY JUSTICE Dy Lt. Col. James K. Gaynor, JAGC-USA * (Condensed from tlae George l\'aslaington Law Redew, Vol. 22, No. 3, Pl•· 318-336, January 1954) Napoleon in 1806 instituted many The French soldier who commits a changes in the administration of mili­ purely military offense, such as in­ tary justice in France, designed to subordination or desertion, will be strengthen discipline. After his tried by the military tribunal, whether death, seven different legislative com­ the offense is committed in time of missions functioned between 1814 and war or peace. But if he is charged 1829 to revise the then-existing code with an offense which is not purely of military law, but it was not until military in character, such as murder 1857 that a comprehensive military or robbery, the prohibitory statute is code was enacted. The present Code found in the civil code rather than in de justice militaire pour l'armee de the military code, and if the offense is terre-Code of Military Justice for the committed in time of peace in France Land Army-was enacted March 9, or in overseas French territory where 1928, was revised in 1932, and was local French courts are available, the further revised following ·world War accused will be tried by a civilian II, although the latter was in minor tribunal. respects. The French code describes a num­ There is but one type of court-mar­ ber of strictly military offenses of tial under the French system, the which counterparts are found in our tribunaux militaire. Military person­ Uniform Code of Military Justice, nel may be tried by such military such as insubordination, desertion, tribunal for offenses committed in the mutiny, sleeping on post by a sentry, service, or on a military establish­ and running away from the enemy. ment, or involving the external secu­ Other offenses are described in the rity of the state. In time of war, French code which, although punish­ the military court may try any per­ able under our law, are not speci­ son, military or civilian, in an active fically spelled out in the Uniform theater of operations, except that a Code of Military Justice. Among person under eighteen years of age these are voluntary mutilation, in­ cannot be tried by the military court sulting an inferior without provoca­ unless he is in the military service, tion, and abuse of authority. and residents of enemy or occupied Desertion from the service, as a territory cannot be tried by the mili­ graver offense than unauthorized ab­ tary tribunal unless they are prison­ sence, is determined under French ers of war, or are involved in cri]llinal military law from the length of the offenses in conjunction with French absence. The French soldier who is soldiers. absent more than six days, or who overstays his leave more than fifteen * Executive Secretary, Institute of Military Law. days, may be charged with desertion, 16 The Judge Advocate Journal except that the soldier with less than is given considerably more power than three months of service will not be that possessed by his American classed as a deserter until he has been counterpart. The French commander absent a month or more. may impose confinement of fifteen The French code provides that pun­ days, at company level, and higher ishment for crime, in general, shall commanders may impose longer per­ be as provided by the Code Penal. iods of confinement, so that a divi­ The military code sets maximum, and sion commander may impose a maxi­ in most cases minimum, sentences for mum of sixty days of confinement specified military offenses, and it is without resort to trial by a judicial provided that loss of grade may be body. adjudged as an accessory to punish­ The French court-martial trial is ment specified by the Code Pencil. preceded by a pre-trial investigation, However, loss of grade does not auto­ and this results in the beginning of matically become a part of the sen­ the dossier or file which finally is tence; this must be specified by the presented to the trial court; the court, if it is to be applicable. Fur­ members of the court-martial read thermore, loss of grade may or may and consider the entire file. French not mean loss of right to pension or military law follows th~ civil law retirement pay. The code uses desti­ system; i·ules of evidence, as we know tution as an all-inclusive term which them, are not found, and the court rnsults in loss of both grade and pen­ may consider anything which it be­ sion or retirement pay. lieves is of probative value, and such An example of a period of confine­ weight may be given as the circum­ ment specified by the French code is stances indicate is merited. that provided for a conviction of de­ Le tribunal militaire permanent, sertion. For peace-time desertion the trial court, consists of a civil within France, the punishment is not magistrate as president, and six mili­ less than three months nor more than tary judges. The presiding officer is six years of confinement; but if the a civilian judge, but not necessarily accused absents himself with military the chief judge, of the regional court equipment, or if he is a second of­ of that geographical area. France is fender, the minimum sentence is a divided into military regions, and a year of confinement. permanent military court sits for A conviction by French court-mar­ each region. The soldier accused of a tial results in a judgment for the military offense, in time of peace, costs of the action, to be assessed will be tried by the regional court against the accused; a requirement rather than by a court appointed by a that things wrongfully taken by the military commander. accused,• in committing the offense, The composition of the French mili­ shall be seized; and a right of resti­ tary •court is provided, in detail, in tution to the state or to the owners of the code. For the trial of enlisted property taken by the convicted. personnel, the military judges shall In the administering of non-judicial be a colonel or lieutenant-colonel, a punishment, the French commander battalion commander or major, a cap­ The Judge Adrncate Journal 17 tain, a lieutenant, a second lieutenant, a verbatim transcript. of the testi­ and a non-commissioned officer above mony, but records only that which he the grade of corporal. For the trial is told to record by the presiding of officers, the composition of the officer of the court. court is modified according to the The first witness who appears is grade of the accused, so that two the accused. He is questioned by the members of the court are of the same court concerning the alleged offense, grade as the accused, and other mem­ and he is not clothed with a guaran­ bers are of higher grade. tee that he may not be required to The French prosecutor, le commis­ . present incriminating evidence. He saire du goveurnement, is charged may remain silent, and this may re­ with the conduct of the trial. At sult in an inference against him. He least three days prior to trial, he must first is asked whether he is guilty or serve the accused with the charge, the not, whether there were aggravating text of the applicable law, and a list circumstances, and whether there of the witnesses who are to appear were excusable circumstances. After for the prosecution. He must inform the questioning of the accused, he the accused, under penalty of the en­ and his counsel "are heard." The tire proceedings being nullified, that prosecutor does not reply unless the counsel will be provided if the accused president of the court considers such has not already obtained an attorney. to be appropriate, but in every case the accused and his defender have the The accused must inform the prose­ right to be heard last. cutor of the names of, the witnesses whom he desires, and the prosecutor Deliberations of the French court, must subpoena them; either military as to the findings, are in secret, and personnel or the local police may be after the court retires to deliberate, used for such process serving. The it must not be separated until judg­ defense may even request the calling ment is rendered. After the deliber­ of additional witnesses during the ations, there is an immediate an­ trial. nouncement if there is an acquittal, and the accused may present matters The actual conduct of the trial is in mitigation if there is a conviction. by the inquisitorial method, which is The French code provides two ap­ used by most civil law jurisdictions, pellate stages after a military convic­ rather than by the accusatorial tion. The intermediate appellate method with which we are familiar. court is the tribunal militai~e de cas­ The president of the French court has sation, which is composed partly of discretion to control arguments of military and partly of civilian judges. counsel and to discover the truth; he Appeal to this court is not automatic; may call witness or request the pro­ an accused must express his intention duction of documents,_ or take any to appeal to this court within three oth~r steps he considers necessary in days after he is notified of the find­ discovering the truth. ings of the trial court. A further ap­ Present at the French trial is the peal ·to the Gour de cassation, the greffier or recorder; he does not make civilian tribunal comparable to the 18 The Judge Advocate Journal

Supreme Court of the United States, twenty-four hours after expiration of also is authorized in court-martial the three-day appeal period. If a cases. conviction is sustained upon appeal, The sentence of a French court­ the sentence is ordered into execution martial cannot be ordered into execu­ within twenty-four hours· after infor­ tion until completion of action upon mation of the decision of the appel­ any appeal which is taken, but if late court is received. A longer period there is no appeal, the sentence must is provided, however, in the case of a be ordered into execution within death sentence.

ANNOUNCE~IENT OF 1954 ANNUAL JUEETING The Judge Advocates Association will hold its Eighth Annual Meeting at Chicago, Illinois, August 17-18, 1954, coincident with the American Bar Asso­ ciation convention. Col. Howard Brundage of the Chicago bar, Chairman of the Annual Meeting Committee, is planning the finest assembly of JAG's in the Association's history. The annual banquet will be held at the University Club on Tuesday eve­ ning, August 17th, with a reception and cocktails beginning at 6:00 p. m. Facilities provided for this affair will be excellent and ample. The planned menu is a gastronomical delight well founded on a prime quality sirloin steak. Although Col. Brundage is not prepared at this time to announce the name of the principal speaker, he assures the Association that he will present an interesting and prominent person. The annual business meeting will be held on Wednesday, August 18th, beginning at 4 :00 p. m. The Association is endeavoring to make special arrangements with the Court of Military Appeals for an extraordinary session of that Court at Chicago on either August 17th or 18th for the purpose of entertaining motions for admissions to the bar of the Court. The Judges of the Court have already indicated that they would be willing to call a special ceremonial session in Chicago, and plans are being made for an appropriate court room and for the necessary coordination between the Association and the Clerk of the Court. Applications for admissions must be presented to the Clerk of the Court in advance and full details of these arrangements will be announced in the next issue of the Journal as well as in direct communications with the members of the Association. In the planning of this ceremony, it will be helpful if mem­ bers of the Association will advise the headquarters with regard to their in­ terest in this ceremonial session of the United States Court of Military Appeals and their tentative plans to be admitted to the bar of that Court at Chicago in August. The tickets for the annual banquet will be $10 each. Advance reservations or information can be obtained by letter to either Col. Howard Brundage, 111 West Washington Street, Chicago 2, Illinois, or the national offices of the Association in Washington. The Judge Advocate Journal

GENERAL BRANNON COiUPLETES TOUR AS TJAG-ARlUY

~Iajor General Ernest M. Brannon ago, he has been a lawyer's· lawyer. has completed his four-year term of Being a soldier, he knew every writ­ office as The Judge Advocate General ten code and, most important, those of the Army and is now serving on unwritten of the Army. He could the Review Board Council, Office of safely pilot you through any channel. the Secretary of the Army. At any Being a lawyer, Mike also knew when time within the next year he may a particular channel might not be retire. When General Brannon as­ the shortest course to the desired re­ sumed the office of The Judge Aclvo­ sult. In that event, he "walked the cate General in January 1950, the papers over". issue of the Judge Advocate Journal Mike is precise as an officer. Mike of that date contained a quite de­ is objecive as a lawyer. But, Mike tailed biography of General Brannon. never let a precise mind cut too fine In summary, that biography was that the fact that the officers and men of he was born in Ocoee, Florida, on 21 the Army were individual personal­ December 1895 and sworn as The ities, each with his strength and Judge Advocate General and pro­ weakness. Neither did Mike let ob­ moted to the rank of Major General jectivity cast into concealing shade on 27 January 1950. That will do circumstances that altered cases. The for history, this is about the man. traits of character that did not permit The members of the Association now an appreciation of precision and ob­ in civilian life extend an anticipatory jectivity to exclude extenuating fac­ welcome to General Brannon and we tors in his dealings with men and advise him now that when he joins matters have enhanced his stature our ranks, that will be the end of with all who know him. There is a "General" Brannon. He is going to kindliness in the man; a promise of be known to us as "Mike", Brannon. congeniality in his manner that you All generals can be called General, hope to have realized by closer asso­ but few generals can be called "Mike". ciation with him; you have a desire to When you feel that you can call him be considered as a personal friend of Mike, you have the sensation of hav­ his. In addition to knowing that he is ing been promoted. Anything that. an outstanding soldier-lawyer, you makes you feel good will make Mike recognize that he is a man's man, feel good too. That's the sort of a precise _but not complex, objective man he is. but kind, learned but a good com­ From his rank of shave-tail to that panion. of a two-star General, Mike has al­ There will be a ready welcome for ways been a soldier's soldier. From yoi.1, Mike, when you join the ranks his detail to the Judge Advocate Gen­ of the civilian lawyers. eral's Department in 1930 to the end of his term as The JAG a short time Thomas G. Carney. 20 The Judge Advocate Journal JURISDICTION OVER SERVICElUEN ABROAD

The Board of Directors of the Judge The fullest reply received, and Advocates Association at its winter typical of the tone of the others, is meeting considered the effect of the letter of the Assistant Secretary Status of Forces Treaties in denying of the Army, Hugh M. Milton, II, American servicemen abroad the pro­ which states: tections afforded by the Uniform "It is very encouraging to know Code of Military Justice in criminal that your association has given ear­ cases where other than strictly mili­ nest consideration to this important tary offenses are charged. Much of topic, which is of major concern to the background of this discussion ap­ the Department of the Army. "\Vhen the Government of the. peared in the address of Senator John United States is negotiating for mili­ W. Bricker of Ohio before the Judge tary facilities in foreign countries, it Advocates Association in Boston in is the practice of the Department of August, 1953.* After full discussion, the Army to seek, under the terms of the agreement, to retain exclusive the Board of Directors passed the fol­ jurisdiction over offenses committed lowing resolution: by persons subject to military law. RESOLVED: That the Judge Advo­ However, foreign countries often cates Association exhorts and encour­ make it a condition upon the entry of our forces that these troops be sub­ ages i·esponsible officials of the United mitted to local jurisdiction, generally States of America to make every ap­ for off-duty offenses committed propriate effort within the framework against the local population. This of existing treaties and international was essentially the jurisdictional ar­ rangement arrived at in the Agree­ agreements to provide to members of ment between the Parties to the North the Armed Forces of the United Atlantic Treaty, regarding the Status States serving in foreign lands the of Their Forces, signed at London on protections afforded by the Uniform 1D June 1951. "As you are aware, the Senate, in Code of Military Justice. giving its advice and consent to the The resolution was appropriately ratification of the NATO Status of communicated to The President, the Forces Agreement on 15 July 1953, Secretary of Defense, the Service Sec­ adopted a resolution regarding the safeguarding of the constitutional retaries, and the appropriate House protections of American forces serv­ and Senate Committee Chairmen. ing in other NATO countries. In con­ The responses to the communication, formity with this resolution, the De­ indicated complete accord with the partment of Defense has issued in­ ·strnctions requiring commanding of· policy set forth in the resolution and ficers in NATO countries and in expressed assurances of all appropri­ Japan, where similar jurisdictional ate efforts toward the accomplishment arrangements prevail, to examine the of that policy. laws of each state, with particular reference to the procedural safeguards contained in the Constitution of the * The full text of this address is set United States. Waivers of the juris­ forth in the Judge Advocate Journal, diction of the foreign states are re­ Bulletin No. 15, October, 1953, "Safe­ quested if there is danger that the guarding the Rights of American accused will not be protected because Servicemen Abroad", (page 1). of the absence or denial of constitu­ The Judge Advocate Journal 21

tional rights he would enjoy in the criminal courts, the sentences imposed United States. If the waiver requested on American military personnel are is not granted, the matter is taken up extremely light. through diplomatic channels. Pur­ "As a result of the diligence of suant to the Resolution, the Army has overseas commanders in obtaining representatives present at the trials waivers and in protecting the rights of persons subject to foreign law, and of those Americans tried in foreign these representatives are required to courts, Army commanders report, with report any deprivations of the safe­ rare exceptions, that the subjection guards provided by paragraph 9, Ar­ of persons subject to military law to ticle VII of the NATO Status of foreign jurisdiction has not had an Forces Agreement or by the Consti­ adverse effect on the morale, dis­ tution of the United States. cipline or operation of the Armed "Army commanders of forces sta­ Forces. The Department of the tioned in countries where the local Army is, however, keenly aware of courts exercise jurisdiction over the necessity of protecting the con­ our forces normally make it a prac­ stitutional safeguards of American tice to request a waiver of the foreign military personnel who may find country's jurisdiction in all cases. In themselves stationed in foreign coun­ the great majority of instances, the tries, and I can assure you that the receiving state is willing to relinquish Department makes every effort to see its jurisdiction to the military author­ that persons under the jurisdiction of ities. Those cases which are actually the Army receive a fair ti·ial and fair tried by the local courts are for the most part either those which .are too treatment when they are tried by for­ trivial to warrant the taking of dis­ eign courts. ciplinary action by the armed forces, "I am grateful to the Judge Ad­ such as traffic offenses, or those which vocates Association for its observa­ involve offenses committed off duty tions on this topic, and I hope that against members of the local popula­ the above information may serve to tion. In the majority of instances in assure you that serious attention is which American military personnel being paid to this problem by the De­ are tried and convicted by foreign partment of the Army."

Please advise the headquarters of the Association of any changes in your address so that the records of the Association may be kept in order and so that you will receive all distributions promptly.

Use 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 . getting reputable and capable counsel when you use the Directory of Members. 22 The Judge Advocate Journal THE AlUERICAN BAR ASSOCIATION The Judge Advocates Association, which also took the leadership in the pursuant to a resolution passed by formulation of the Code of Judicial the membership at large at the an­ Ethics. The Association has been a nual meeting in Cleveland in Septem­ tremendous force for the advance­ Ler, 1947, became an affiliated organ­ ment of legal education and for the ization of the American Bar Asso­ standardization and elevation of the ication by action of the House of requirements for admission to the bar. Delegates passed at the annual meet­ ·The Bankruptcy Act is largely the ing of the American Bar Association work of the American Bar Associa­ at Seattle in September, 1948. One tion. In the last decade particularly, of the requisites of affiliation is that the aggressive leadership of this or­ 25% of the members of the affiliated ganization has contributed greatly to organization be, from time to time, the cause of making legal services also members in good standing of the available to all citizens regardless of American Bar Association. Since their economic status through Legal 1947, about 40% of the members of Aid, Lawyer Referral Service, and the Judge Advocates Association have Legal Assistance to Servicemen pro­ also been members of' the American grams. Many inequities in federal Bar Association. Affiliation with the tax laws have been eliminated through American Bar Association was an im­ the work of the Committee of the Sec­ portant step forward toward the tion of Taxation of the American Bar Judge Advocates Association's aim to Association. The independence of the secure professional recognition of the American judiciary in large measure military lawyer. has been protected by the work of the It is the purpose of this brief ar­ Association. The work of the Ameri­ ticle to acquaint those members of the can Bar Association and its sections Association who do not belong to the have been largely instrumental in American· Bar Association with the" the,formulation and promulgation of achievements, activities, services, and.. the Federal Rules of Civil Procedure, objectives of the American Bar Asso~ the Federal Rules of Criminal Pro­ ciation. · cedure and the Federal Administra- The American Bar Association has·- tive Procedure Act. been the sporisor and supporter of the The American Bar Association "con­ National Conference of Commission­ .tinues to engage in a broad program ers on Uniform State Laws, which in. demonstrated by the scope and variety turn has drafted, promulgated, and. of problems to which its committees assisted in enactment of more than· direct their activity. For example, 50 Uniform Acts and 20 Model Acts. thern are now committees on the Fed­ The Canons of Legal Ethics which eral Judiciary; American Citizenship; have been universally recognized for Communist Tactics, Strategy and Ob­ almost a half century as the standard jectives; Individual Rights as Affected code of professional conduct for law­ 'by National Security; Lawyer Refer­ yers was formulated and promulgated ral; Legal Aid; Legal Assistance to by the American Bar Association, Servicemen; Divorce, Maniage Laws The Judge Advocate Journal 23 and Family Courts; Professional the general assemblies and section Ethics and Grievances; Peace and meetings, participate toward their Law through United Nations; Co­ manifold advantage. It is now in the ordination of' Bar Activities; Public process of establishing the American Relations; Traffic Court Program; Bar Center in Chicago, which will in­ Lawyers in the Armed Forces; Mili­ clude among its facilities a research tary Justice; Civil Service; Jurispru­ library, a clearing house for research dence and Law Reform; Judicial Se­ projects, and a center of study for lection, Tenure and Compensation; the American lawyer and lawyers Unemployment and Social Security; from other lands. and many others. The Association is dedicated to the The Association not only brings attainment of' the following objec­ about the concerted participation by tives: lawyers in activities for the benefit of (1) The preservation of representa­ the public generally, but also meets tive government in the United States a responsibility of assisting its mem­ through a program of public educa­ bers and all lawyers. This responsi­ tion and understanding of the privi­ bility is met largely through the ac­ leges and responsibilities of American tivities of its sections in the special­ citizenship. ized fields of law. For example,. there (2) The promotion and establish­ are sections on Administrative Law, ment within the legal profession of Antitrust Law, Corporation, Banking organized facilities for the furnishing and Business Law, Criminal Law, In­ of legal services to all citizens at a surance Law, International and Com­ cost within their means. parative Law, Judicial Administra­ (3) The improvement of the admin­ tion, Labor Relations Law, Legal Edu­ istration of justice through the selec­ cation and Admissions to the Bar, tion of qualified judges and adher­ Mineral Law, Municipal Law, Patent, ence to effective standards of judicial Trade-mark and Copyright Law, administration and administrative Public Utility Law, Real Property, procedure. Probate and Trust Law, and Taxation. (4) The maintenance of high stand­ There are standing and special com~ rnittees relating to other special fields ards of legal education and profes­ of the law and also additional acfrvi­ sional conduct to the end that only ties in connection with the Unauthor­ those properly qualified so to do shall ized Practice of the Law, Law Lists, undertake to perform legal service. Retirement Benefits, Continuing Le­ (5) The promotion of peace through gal Education, the Junior Bar Confer-. the development of a system of inter­ ence, and the American Law Student national law consistent with the rights Association. The Association pub­ · and liberties of American citizens lishes ' and distributes to its entire under the Constitution of the United membership -an outstanding legal States. periodical, The Ame1'ican. Bar Asso­ (6) The coordination and correla­ ciation. Journal. It conducts annual tion of the activities of the entire meetings at which members, through organized bar in the United States·. The Judge Advocate Journal

Since the American Bar Associa­ Supreme Court has said that 'An tion is the national representative of Army is not a deliberative body', and the legal profession, the constant ad­ at the same time to explain to the vocate of improvement in the admin­ non-lawyers in the Armed Forces that istration of justice, the defender of the American tradition requires for high professional standards, and the the citizen in uniform not less than servant of the public interest, it is the citizen out of uniform those mini­ the Association of all members of the mal guarantees of fairness which go legal profession whether they be dues to make up the attainable ideal of paying members of the American Bar 'Equal justice under law' " is in some Association or not. It was the opin­ measure alone accomplished by the ion of the governing body of the Judge Advocates Association's posi­ Judge Advocates Association in 1947, tion as an affiliated organization of and that opinion still obtains, that the American Bar Association. the Judge Advocates Association as a The American Bar Association is national legal society of military commended to those members of the lawyers can best obtain its purposes Judge Advocates Association who do by its affiliation with the American not now actively participate in that Bar Association and its work from within that organization's framework. organization. Membership in the The stated policy of the Judge Advo­ American Bar Association is a good cates Association "to explain to the investment for any lawyer. Members organized bar the disciplinary needs of the Judge Advocates Association of the Armed Forces, recalling as the should look into it.

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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.

The Journal is your magazine. If you have any suggestions for its im­ provement or for future articles, please bi.'ing 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 composed of Lt. Col. Reginald Field, Col. William J. Hughes, Jr., Col. Charles L. Decker, USA, Capt. George Bains, USN, and Col. Louis F. Alyea, USAF. The Judge Advocate Journal 25 C011A HELD NOT TO BE AD11INISTRATIVE AGENCY The Circuit Court of Appeals for authorized its review of the deter­ the District of Columbia Circuit in minations of the Court of Military decisions handed down on January 21, Appeals. The Rule referred to pre­ 1954, held that the United States scribed the procedure only for those Court of Military Appeals is a court cases involving administrative deci­ and not an administrative agency.* sions made subject · to review by Petitioners, Begalke, Yeoman Second statute. Class, and Commander Shaw were The Court observed that the Court each tried on distinct and independent of Military Appeals was established charges by Naval general courts­ by the Uniform Code of Military Jus­ martial and convicted, and each, after tice and that it is the highest court unfavorable board of review acti~n, in the military judicial system. It petitioned and repetitioned the Court pointed out that the Code in Article of Military Appeals for review with­ 76 provides for the finality of court­ out success. Each then petitioned martial proceedings and judgments, the United States Circuit Court of subject only to a petition for writ of Appeals for the District of Columbia habeas corpus and possibly other Circuit for review of the determina­ methods of collateral attack; but, tion made in his case by the United that there is certainly no provision States Court of Military Appeals. The for a direct review by the Circuit government contended that the Cir­ Court of Appeals of the District of cuit Court of Appeals has no juris­ Columbia Circuit. diction and moved that the proceed­ Circuit Judge Washington con­ ings be dismissed. cluded the opinion by stating "The The petitioners argued that the Court of Military Appeals, with the Court of Military Appeals is an ad­ entire hierarchy of tribunals which ministrative agency and that its or­ it heads, may perhaps be considered ders were subject to review by the as being within the military estab­ Circuit Court of Appeals. They lishment; perhaps, whether or not pointed to the Circuit Court's General that is so, it is properly to be viewed Rule 38 relating to the review of or­ as a specialized legislative court, ders of administrative agencies, comparable to the United States boards, commissions, and officers. Court of Customs and Patent Ap­ In holding that the Circuit Court of peals. But, in any view, the Court Appeals was without jurisdiction, the of Military Appeals appears to us to Court stated it had only those powers be a court in every significant respect, conferred by statute and no statute rather than an administrative agency. * Royal Barry Shaw v. U. S., Misc. Certainly Congress intended that in 397; and Robert H. Begalke v. U. S., its dignity and in its standards of Misc. 389, both decided CCA DC 21 administering justice the Court of Jan 1954, opinion by Circuit Judge Military Appeals should be assimi­ Washington, Chief Judge Stephens and Circuit Judge Edgerton concur­ lated to and equated with the estab­ ring. lished courts of the Federal system." 26 The Juclge .Advocate Journal THE ASSISTANT JAG OF THE ARlUY RETIRES "I Frank P. Shaw do solemnly Judge Advocate General's Depart­ swear that I will support the Con­ ment, and although he was out of the stitution of the United States and the Army for a few months in 1920, his Constitution of this Commonwealth and be faithful and trne to the Com­ service thereafter was continuous monwealth of Kentucky so long as I until the last day of 1953. On that continue a resident thereof and that day, he celebrated his sixty-second I will faithfully execute to the best birthday, and was retired from the of my ability the office of Attomey at Law according to Law; and I do Army with a review in his honor at further solemnly swear that since Fort Myer, which was attended by the Adoption of the present Consti­ General Ridgway. tution, I being A Citizen of this state A promotion to captain came in have not fought A duel with deadly weapons within this state nor out of 1920. In 1924, he received the de­ it nor have I sent or Accepted A gr.ee of LL.M. from Georgetown. By challenge to fight A duel with deadly the end of 1941, he had received the \Veapons nor have I acted As second eagles of a colonel. Then for three in carrying A challenge nor aided or assisted . any person thus offending and a half years, beginning in Janu­ So help me God. I further solemnly ary 1942, he served as Judge Advo­ swear that I will faithfully demean cate of the Air Technical Command, myself in my practice As An Attor­ and it is estimated that he or his ney at Law to the best of my knowl­ edge and ability." subordinates were responsible for the approval of contracts aggregating $65 The foregoing oath was taken by billion. Franklin Prague Shaw on July 8, In September 1945, Colonel Shaw 1913. With it began a long and dis­ went to Japan for a tour which lasted tinguished career as a member of the more than three years; most of this bar of the Commonwealth of Ken­ tour saw him as Judge Advocate tucky, later as a member of the bar of General MacArthur's command. of Ohio, and for more than three While in Japan, he received the star decades as a Judge Advocate of the of a brigadier general, and in 1949 United States Army. he became a major general. In Jan­ Although admitted to the bar be­ uary 1950, he was appointed by the fore receiving a law degree, Franklin President as The Assistant Judge Ad­ P. Shaw received the degree of vocate General of the Army, and he Bachelor of Laws in 1914, and con­ continued as such until his retirement. tinued in the practice of law until our A capable lawyer, a student of the entry into World War I. law, one of the initial directors of the Within a few months after Con­ Judge Advocates Association, an ag­ gress' declaration of war, he became gressive defender of the military sys­ Second Lieutenant Shaw, assigned to tem of administering justice, and one the 42nd Infantry; a month later, the who always was willing to lend a gold bar on his shoulder changed to helping hand to a young attorney, the silver bar of a .first lieutenant. General Shaw will be missed by The year following the Armistice, those .who knew him in the service Lieutenant Shaw transferred to the and who served with him. Although The Judge Adv()(ate Journal 27

his Army career has terminated, he Middle West which bears the legend: has not retired; in the years to come, FRANKLIN P. SHAW, ATTOR­ when one seeks sound legal advice or NEY-AT-LAW. an able defender, he will be able to find one by passing through the door James K. Gaynor, of an office somewhere in the East or Lt. Col. JAGC.

JAA LUNCHEON AT A. B. A. REGIONAL lUEETING The Judge Advocates Association Georgia. Just as Mr. Dutton pre­ held one of the most successful sented the flag the Third Army band luncheon meetings in the history of played Dixie. the Association in Atlanta, Georgia, General Caffey was introduced by March 5, 1954, in connection with the Colonel William H. Beck, Jr., JAGC­ Southern Regional meeting of the USAR. General Caffey then ad­ American Bar Association. The dressed the meeting. He outlined meeting was attended by ninety mem­ the work of his office and called on bers of the Association and Judge all Reserve Judge Advocates to keep Advocates, both Reserve and Regular, themselves prepared for active duty. of the Armed Forces. General Caffey's address was enthusi­ Honor guests included Major Gen­ astically received and he was given eral Eugene M. Caffey, The Judge a standing ovation. In presenting Advocate General of the Army; Ma­ General Caffey, Colonel Beck said that .ior General Reginald C. Harmon, General Caffey had done more for Re­ The Judge Advocate General of The serve Judge Advocates than any Air Force; Captain S. B. D. Wood, other officer of the Corps. He organ­ Assistant The Judge Advocate Gen­ ized and conducted the first Army eral of The Navy; Colonel John A. Area school f.or Reserve Judge Ad­ Hall,· Staff Judge Advocate Third vocates. Other Army Judge Advo­ Army; and Colonel Charles L. Deck­ cates adopted General Caffey's pro­ er, Commandant of The Judge Advo­ gram for training Reserve Judge cate General's School. Advocates. Honorable Ed Dutton, President of General Harmon and Captain the Georgia Bar Association, pre­ Wood made short talks when pre:­ sented Major General Caffey a s.ente.d. Georgia state flag. In presenting the Assisting Colonel Beck in making flag to General Caffey, Mr. Dutton arrangements for the luncheon meet­ said that he was presenting the flag ing were Colonel Seymour ,V. Wurfel, to a ·distinguished Georgian on behalf Colonel Hugh • Head, and Colonel of the Bar and Bench of the State of Willis Everett. 28 The Judge Advocate Journal BOOK ANNOUNCEIUENTS

Government Contracts Sim.plified of each clause are made clear. The by George William Lupton, Jr. Government's bonding and insurance (The William Byrd Press, Inc., requirements are described and the Richmond, Virginia, 579 pp. with several ways to get financial assist­ supplement, price $10) ance from the Government are out­ lined. The laws and regulations covering Subcontracting problems are the the procurement procedures of the subject of a separate chapter. many agencies of the United States Government have undergone funda­ During performance difficulties mental changes since World War II. often arise. Some of these can be New contract clauses have been pre­ foreseen, others cannot. The con­ scribed. These laws, regulations and tractor should know both his and the contract clauses have been interpreted Government's rights and obligations. and construed in thousands of dis­ This book explains in simple language putes between the Government and what is required from both parties by its contractors. The purchasing or­ each of the clauses common to Gov­ ganizations and procedures of many ernment contracts, and how the con­ of the Government agencies have tractor can protect his rights. been changed, and new buying agen­ Getting paid in full for work done cies and Boards of Appeal have been under a contract, or if the Govern­ established. ment terminates before completion, is For the first time "Government frequently a difficult accomplishment. Contracts Simplified" untangles this This book tells the contractor how to maze of red tape in an understand­ protect himself from the beginning so able and easy-to-use fashion. Any that losses, or delays in payment, manufacturer, supplier, construction may be avoided. company, or research and develop­ Citations to the significant statutes, ment organization, will find this book regulations, decisions of the Courts a ready guide to the solution of the and Appeal Boards, and rulings of problems that arise in dealing with Government officials, are given, and the Government and each of its major such authorities quoted or explained. agencies. Both defense and other This book has four special features. types of contracts are fully covered. There is a Checklist for Prime Con­ Each major branch of the Govern­ tractors describing step by step how ment that purchases or. contracts in to get a prime contract, how to com­ any large degree, and its purchasing ply with its provisions, how to avoid set-up, is_ described. The practical trouble, and how to get paid in full steps necessary to get on bid lists, for all the work done. There is a to make a bid, and to negotiate a Checklist for Subcontractors outlin­ contract, are explained in full. ing step by step how to avoid losses The various types of contracts used and trouble with the prime contractor by the Government are described and and explaining the subcontractor's the practical and legal implications legal rights. All of the Government The Judge Advocate Journal 29 agencies which buy in substantial peals, 1950-195J, by Roswell M. quantity are briefly described and Austin. ($1.50 per copy) there are lists of classes of items that each department buys. There is also A new digest of decisions of the a monthly cumulative supplement Armed Services Board of Contract Appeals covering the years 1950-1953 available at a cost of $5.00 per six months of subscription. The current prepared by Roswell M. Austin is now supplement is included in the pur- , available in limited numbers to the chase price of the book. public. This work should be ordered from the Superintendent of Docu­ Digest of Decisions of the Armed ments, Government Printing Office, Services Board of Contract Ap­ Washington 25, D. C.

IN :rtlE:rtlORIAM

The members of the Judge Advo­ cates Association profoundly regret the passing of the following members whose deaths are here reported and extend to their surviving families and relatives deepest sympathy: Paul R. Byrum of Kansas City, Mis­ souri, died July 21, 1953. Henry C. Remick of Philadelphia, Pennsylvania, died December 18, 1953. John F. Richter of Chevy Chase, Maryland, died January 25, 1954. E. Earle Rives of Greensboro, Noith Carolina, died December 12, 1953. Archie L. Tower of Long Beach, California, died August 19, 1953. Richard R. W olf1~om of Shippens­ burg, Pennsylvania, died June 2, 1953. Philip Yonge of Sweetwater, Texas, died November 13, 1953. 30 The Judge Advocate Journal WHAT THE lUEl\IDERS ARE DOING Alabama were promoted to the rank of Lieu­ Lt. Col. Erle Pettus, Jr., is a mem­ tenant Colonel. All of these members ber of the law firm of Jackson, Rives, received theh' promotions in JAGC­ Pettus & Peterson, with offices in the USAR. Massey Building in Birmingham. Col. Col. William J. Hughes, Jr., recent­ Pettus is Director of the J AGC · ly retired under Public Law 810. Col. Branch of the U. S. Army Reserve Hughes engages in the practice of School at Birmingham. law with offices in the Bowen Build­ Capt. Joseph T. Limbaugh is As­ ing.. sistant SJA for the 3007th Station ,,. • •. . . " 11e 1ugan Complement, USAR, at B!l'm1ngham. Capt. Limbaugh is claims adjustor for---­ Kenneth T. Hayes of Grand Rapids the Employers Insurance Company of reports that Cornelius Wiarda (1st Birmingham. 0. C.) was recently promoted to Lieu­ tenant Colonel and that John G. Starr California (2nd 0. C.) was recently promoted to Maj. Edward W. Moses, after more· the rank of Major. David E. Nims, than a decade of service as a lawyer··· Jr., of Kalamazoo was promoted to in the Federal government in Wash­ ·Lieutenant Colonel. ington, D. C., has returned to Los Capt. Glenn S. Allen, Jr. (2nd 0. Angeles where he has resumed the C.) was recently re-elected Mayor of private practice of law with offices Kalamazoo. in the Rowan Building. Col. James E. Spier (9th Off.) of Julius S. Austero, formerly of New Mt. Clemens is the Circuit Judge, York, after completing a tour of ac­ Macomb County. Judge Spier was a tive duty, was admitted to the Cali­ member of the staff and faculty at fornia bar and is now Assistant Dis­ the summer school for reserve active trict Attorney for the County of duty training conducted at Camp Orange in California. Mr. Austero Carson, Colorado. now resides at Garden Grove. Lt. Col. Wiarda, Maj. Starr, Lt. Col. John A. DeJong (3rd Off.) and Colorado Capt. Kenneth T. Hayes (13th 0. C.) Col. Royal R. Irwin, who practices all participated in active duty train­ law in the University Building, Den­ ing at Camp Carson during the sum­ ver, is the Director of the J AGC Sec­ mer of 1953. Capt. Hayes also at• tion of the 5901st USAR School in tended a summer conference at The Denver. Judge Advocate General School at Charlottesville, Virginia. Distriet of Columbia John C. Herberg was recently pro­ Missouri moted to the rank of Colonel. Lt. Col. Paul R. Miller, who has Hanyman Dorsey and Beverly S. spent the past ten years in the Far Simms were promoted to the rank of East, has now returned to his home Major. Paul S. Davis ana John Wolff at Kirkwood, St. Louis County, where The Judge Advocate Journal 31

he is assigned to the Missouri Mili­ New York. The action was brought tary District and is instructor in the in behalf of bondholders to require Judge Advocate course there. the Railroad to carry out certain of its obligations with regard to the xe,·ada maintenance and repair of the Rail­ Eli Grubic, who was formerly en­ road and to enjoin its purchase of its gaged in the private practice of law own junior securities prior to its in Washington, D. C., recently an­ meeting other obligations. "Justice nounced the formation of the firm of prevailed" as Mr. Aranow saw it, and Bradley and Grubic with offices in the the Court stated that "the efforts of Professional Building at Reno. plaintiffs and their counsel have pro­ l\'ew Jerst'y duced results of a far reaching nature and to all intents and purposes res­ Francis C. Foley, Jr., was recently cued the railroad from its inept op­ separated from active duty in the eration and management which was U. S. Marine Corps and has returned leading to disaster before the com­ to the general practice of law with mencement of this action". The de­ offices in the Raymond Commerce cision was affirmed by the Appellate Building in Newark. Division and is now pending before 1\"t'w ,.ork the Court of Appeals. Justice Maurice Wahl of the Mu­ Harold V. Dempsey announces the nicipal Court of the City of New removal of his office for the general York was recently promoted to the practice of law to 95 Liberty Str~et, rank of Lieutenant Colonel, JAGC­ New York City. USAR. T. Kayler Jenkins (5th 0. C.) re­ cently announced the removal of his Ohio office for the general practice of law Col. Harold K. Parsons of Cincin­ to 1700 Rand Building, Buffalo. Mr. .nati, Vice President of the Cincinnati Jenkins is associated with the firm of Patent Law Association, was recently Daetsch, Pfeiffer, Ryan, Daetsch & elected Vice President for Army of Lesher. the Department of Ohio Reserve Of­ William J. Horrigan recently with­ ficers Association. drew as a member of the firm of Dean, Magill, Huber & Horrigan to Oregon become Counsel for World Commerce Col. Benjamin G. Fleischman (3rd Corporation. Edward F. Huber (6th Off.) of Portland, having reached the 0. C.) announces that the firm will statutory age, was retired under continue in the general practice of Public Law 810 on October 30, 1053. law under the firm name of Dean, Magill & Huber. PennsyJ,·ania Edward Ross Aranow (3rd O. C.) Max Rosenn (10th 0. C.) recently of New York City, represented bond­ announced the formation of a partner­ holders in an action against the Hud­ ship for the general practice of law son & Manhattan Railroad Company under the firm name of Rosenn, Jen­ in the Supreme Court of the State of kins, Greenwald & Cardoni, with of­ 32 The Judge Advocate Journal

fices in the Second National Bank \l'iseonsin Building, Wilkes Barre. Lt. Col. John H. Sweberg (4th C. T.) '\'irai11ia of Rhinelander, after sixteen years of Major General Franklin P. Shaw, active duty and thirty-six years as having retired from the active mili­ reserve officer, was retired in Decem­ tary service on December 31, 1953, ber, 1953, under Public Law 810. Col. has taken up his residence at 1714 Sweberg will resume the private prac­ North Huntington Street, Arlington. tice of law in Rhinelander.

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.

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 $5.00 per year, payable January 1st, and prorated quarterly for new applicants. Appli­ cations for membership may be directed to the Association at its national head­ quarters, 312 Denrike Building, Washfogton 5, D. C. The Judge Advocate Journal 33 SUPPLElUENT TO DIRECTORY OF lUElUBERS JULY, 1953 NEW lHElHBERS Col. Ernest G. Abdalah Lt. Col. Arthur R. Barry 505 Lariat Lane JA Section, Hq., AFFE Bethpage, New York APO 343, c/o Postmaster San Francisco, California Maj. John B. Abernathy Route A, Box 253 William H. Beck, Jr. APO 953, c/o Postmaster Masonic Building San Francisco, California Griffin, Georgia Capt. Seymour Abrams 1401st Air Base Wing Lt. Col. Morrie Benson Andrews Air Force Base Wing Staff Judge Advocate Washington 25, D. C. 1500th Air Base Wing APO 953, c/o Postmaster Lt. Col. Ralph W. Adams San Francisco, California SJA 1503 ATW (Tokyo Intl. Airport) APO 226, c/o Postmaster Lt. Col. James F. Bishop San Francisco, California Field Command Armed Forces Spec. Weapons Proj. Lt. Ricardo R. Alvarado Sandia Base, 9407 Warren Street Albuquerque, New Mexico Silver Spring, Maryland Lt. Col. Harold Anderson Capt. Rufus C. Boutwell, Jr. 2003 5th Street, So. Office of the SJA Arlington, Virginia Hq., Northeast Air Command APO 862, c/o Postmaster Lt. William B. Anderson New York, New York Hq., 2274th Air Base Group \Yalters Air Force Base, Texas John P. Bradshaw Lt. Bruce B. Bair, Jr. 1 '(40 K Street, N. W. Hq., Ogden Air Materiel Area · Washington, D. C. Hill Air Force Base, Utah Capt. Joseph C. Brady Capt. Donald V. Bakernan 11448 Rose Hedge Drive 36 :'.\ielwood Avenue Whittier, California Dayton, Ohio Maj. Marvin Balch Capt. Virginia Brennan P. 0. Box 187 434 Grand Avenue, Apt. 23 A Griffis AFB, Rome, N. Y. Dayton, Ohio Lt. Robert L. Balyeat Lt. LeRoy C. Brown 935 Elm Street 1349 Belmont Avenue Van \Yert, Ohio South Bend 15, Indiana 31 The Judge Advocate Journal

Lt. Walte.r Frederick Brown Harold B. Crosby Legal Office 700 Brent Annex Hq., Ninth Naval District Pensacola, Florida Great Lakes, Illinois Lt. Robert L. Derrick Lt. Lawrence J. Burns Staff Judge Advocate 2500th Air Base Wing 2275th AB Group Mitchel Air Force Base, New York Beale AFB, California Lt. Robert Burns Ernest H. Dervishian 152 Cal, Hall, So. Area, Ft. Myer Travelers Building Arlington 8, Virginia Richmond 19, Virginia Maj. Norman F. Carroll Capt. Jack C. Dixon, Jr. 962 Radcliff Drive Office of SJA Alexandria, Virginia Hq., 140lst Air Base Wing Andrews Air Force Base Maj. Clifford R. Carver Washington 25, D. C. c/o Staff Judge Advocate Hq., Continental Air Command Col. William L. Doolan, Jr. Mitchel AFB, New York Staff Judge Advocate Charles B. Cash Hq., Tenth Air Force Court House Selfridge Air Force Base, Michigan 415 E. 12th Street Lt. Nicholas W. Douvres Kansas City 6, Missouri 2041 Westchester Avenue Maj. William G. Catts Bronx 61, New York 503 Valley Avenue, S. E. Washington 20, D. C. Maj. Meyer H. Dreety 1266 Wilson Drive Lt. Col. James S. Cheney Dayton, Ohio Hq., Air Proving Ground Command Eglin Air Force Base, Florida Maj. Harry Ehrlich Hq., IADF, MATS Lt. Raymond R. Childers APO 81, c/o Postmaster 1125 11th Loop, Sandia Base New York, New York Albuquerque, New Mexico Maj. John J. Ensley Mark B. Clark 3212 Whitcomb Place P. 0. Box 87 Falls Church, Virginia Pocatello, Idaho Lt. Herbert W. Coffman Maj. Herman C. Estes 105 Samoset Avenue Hq., Continental Division, MATS Quincy, Massachusetts Kelly Air Force Base, Texas Lt. Col. Warren W. Connor Lt. Hugh C. Evans Hq., ARDC, Box 1395 311 Franklin Boulevard Baltimore, Maryland Long Beach, New York The Judge Advocate Journal 35

Joseph F. Falco Capt. Robert G. Gilchrist 342 Wadsworth Street 1843 Cadwell Avenue Syracuse, New York Cleveland Heights 18, Ohio Lt. Edward A. Farnsworth Lt. Robert R. Gooch 297 Mitchel Ave., E. P. 0. Box 88, Hq., USAFSS Meadow, New York San Antonio, Texas Capt. Thomas D. Farrell I. Harry Goodley Hq., First Air Force 6416 Lindenhurst Avenue Mitchel Air Force Base, New York Los Angeles 48, California ::\Iaj. Carl J. Felth Col. Marvin W. Goodwyn 2500 Wisconsin Avenue, N. W. SJA, WRAMA Washington 7, D. C. Robins AFB, Georgia ·Lt. Col. Elmer P. Fizer Lt. William T. Griffith Hq., Arnold Engineering Hq., Ogden Air Materiel Area Development Center Hill Air Force Base, Utah Tullahoma, Tennessee Lt. Rupert P. Hall Lt. Col. John M. Flatten 3424 Anderson Ave., S. E. Box 114, Hq., USAF Security Service Albuquerque, New Mexico San Antonio, Texas Maj. Raphael J. Hogan Lt. James H. Fletcher Hq., ATLD, MATS 11 Dennis Lane 'Vestover AFB, Massachusetts Bethpage, New York Lt. Norman K. Hogue Maj. Jack W. Fox 5508 Arvilla Avenue, N. E. 502 East 26th Street Albuquerque, New Mexico Paterson, New Jersey Lt. ·Helen F. Hughes Maj. John R. Frazier Office of Staff Judge Advocate Box 99 Sandia Base, Kelly AFB, Texas Albuquerque, New Mexico

Capt. Edith R. Gardner Lt. Col. Guy T. Huthnance Hq., IADF, MATS 439 Fairview Place APO 81, c/o Postmaster .Falls Church, Virginia New York, New York Lt. Jonathan D. Hyams Philip Gensler 662lst Air Base Squadron 413 National Bank of Commerce Bldg. APO 121, c/o Postmaster New Orleans, Louisiana New York, New York

Lt. Robert K. German Maj. John R. James Base Legal Office Hq., 1703rd ATG Offutt Air Force Base, Nebraska Brookley AFB, Alabama 36 The Judge Advocate Journal

Lt. Frank W. Jargo McAfee Lee 807 Fidelity Building 1411 Bank of Knoxville Building , Cleveland, Ohio Knoxville, Tennessee

Edward H. Jones Lt. Col. Robert E. Lee 1204 Equitable Building Hq., Continental Division, MATS Des Moines 9, Iowa Kelly Air Force Base, Texas Albert L. Levy Ross F. Jones 51 Lexington Avenue 8445 No. 15th Street Passaic, New Jersey Phoenix, Arizona Joseph T. Limbaugh Lt. Col. Alfred Kandel 2076 Columbiana Road 432 Leesburg Pike Birmingham, Alabama Falls Church, Virginia Lt. Jules M. Lipton Maj. Edward L. Kelly 1470 Front Street Box 40, Griffiss AFB East Meadow, New York Rome, New York Lt. Col. Joseph F. Loftus Maj. Marcos E. Kinevan 1501 Jackson Street Hq., 1705th Air Transport Group Scranton, Pennsylvania McChord Air Force Base, Washington Col. Krit G. Logsdon Lt. David B. Kirschstein Barcroft Aptmts. (No. 21) 322 Central Park West 4206 Columbia Pike New York, New York Arlington, Virginia Capt. Raymond C. Mackey Lt. Col. Raymond C. Kissack Hq., 1605th Air Base Wing, P. 0. Box 721 ATLD, MATS Langley AFB, Virginia APO 406, c/o Postmaster Capt. Bertram L. Kraus, Jr. New York, New York • l 706th Air Transport Group Capt. Samuel W. Martin, Jr. Brooks AFB, Texas Hq., 6603rd Air Base Group Maj. James G. Lambert APO 677, c/o Postmaster New York, New York Topeka Air Force Depot Topeka, Kansas Lt. Mayo L. Mashburn Hq., 1703rd ATG Col. Arnold LeBell Brookley AFB, Alabama OJAG, U. S. Air Force The Pentagon Lt. James P. McAndrews Washington 25, D. C. Hq., AMC, Box 1128 Wright-Patterson AFB, Ohio Lt. Col. Alfred K. Lee P. 0. Box 15 John P. McKnight Kelly Air Force Base, Texas Auburn, Nebraska The Judge Advocate Journal 37

Robert W. McWhinney Lt. Col. Robert R. Renfro 917 Frick Building Box 95, McChord Air Force Base Pittsburgh 19, Pennsylvania Washington

Lt. Paul F. Meissner Henry L. Reynolds Base Legal Office 316 Washington Boulevard Offutt AFB, Nebraska Oak Park, Illinois Capt. George W. Moody Office of SJA Lt.· Paul Rihner Hq., 1707th Air Base Wing Hq., 1708th Ferrying Group Palm Beach Intl. Airport, Florida Kelly AFB, Texas Lt. Col. Francis P. Murray Maj. Edward L. Rutherford 4012 Columbia Pike 827 Glenridge Drive Arlington, Virginia West Palm Beach, Florida Maj. Donald W. Nofri Box 1042, Area B Col. Jean F. Rydstrom Wright-Patterson AFB, Ohio Hq., PACD-MATS APO 953, c/o Postmaster Capt. Lee G. Norris San Francisco, California 6805 Fairfax Road Bethesda, Maryland Lt. Col. Barney Samelstein Lt. Norman A. O'Donnell 208 Loew Building P. 0. Box 48 Syracuse 2, New York Lewiston, Idaho Maj. Sydney Saxon Erle Pettus, Jr. Hq., Air Res. & Dev. Com. 10th Floor, Massey Building Hillen Building, Box 1395 Birmingham, Alabama Baltimore 3, Maryland

Lt. Joseph T. Pilcher, Jr. l\Iaj. Harry Scheiner 2100 Church Street 261 Broadway Selma, Alabama New York, New York Col. David D. Porter 4697 S. 34th Street Col. Douglas Sharp Arlington 6, Virginia Field Command Armed Forces Special Capt. Jerome Prokop Weapons Project, Sandia Base, 5870 No. 14th Albuquerque, New Mexico Arlington, Virginia Lt.-William W. Shinn Charles E. Rankin 401 East Pierce Brookside Road Kirksville, Missouri Wallingford, Pennsylvania Capt. Billy J. Shuman Edward D. Re Hq., IADF, MATS 1169 85th Street APO 81, c/o Postmaster Brooklyn, New York New York, New York 38 The Judge Advocate Journal

Lt. Daniel L. Skoler Maj. Janna Tucker 10 Rupp Street Box 54 Middletown, Pennsylvania Bolling AFB Washington 25, D. C. Col. Bernard B. Smith Lt. Col. Herbert A. Turk 729 N. Douglass liq., Continental Division, MATS Oklahoma City, Oklahoma · Kelly Air Force Base, Texas Robert B. Smith David G. Tyler 129 .E. Market Street, No. 606 Box 1298 Indianapolis, Indiana Richmond, Virginia David Snellenburg, II Lt. Sherman E. Unger GOO North American Building Hq., Air Materiel Command \Vilmington, Delaware Box 792 Wright-Patterson AFB, Ohio Lt. Albert E. Steensland Maj. Marvin R. Vaughan Staff Judge Advocate's Office Hudson Street Chanute AFB, Illinois Freeport, New York Maj. Arthur J. Sullivan Lt. Col. Calvin M. Vos 209 Lexington Street Box 2 Hampton, Virginia Hill Air Force Base, Utah Capt. Milton W. Swett, Jr. Col. Charles E. Wainwright Hq., l 700th Air Trans. Gp. Staff Judge Advocate Kelly AFB, Texas Hq., Rome Air Development Center Griffiss Air Force Base Lt. Col. Joe D. Taylor Rome, New York 507 Adams Place Falls Church, Virginia Col. Claire D. Wallace 4617 North Albina Avenue Lt. Melvin C. Thompson Portland 11, Oregon 2257 Fairmont Parkway Erie, Pennsylvania Lt. John B. Walsh 1193 East 19th Street Col. Moody R. Tidwell Brooklyn 30, New York Box 1316 Area B Capt. James M. Weaver Hq., Air Materiel Command Oak Ridge Highway Wright-Patterson AFB, Ohio Clinton, Tennessee Capt. Robert J. Torvestad Maj. Gladys R. Yeaman 7206 Ridgecrest Drive P. 0. Box 7 Albuquerque, New Mexico Kirtland Air Force Base, New Mexico Lt. John B. Tracy Col. Truman R. Young 129 Bryant Avenue Hq., Cont. Div., MATS Franklin, Ohio Kelly AFB, Texas The Judge Advocate Journal 39

CHANGE OF ADDRESS Lt. Col. Louis F. Alyea Reginald C. Burroughs 2800 Woodley Road, N. W. 315 Paddington Road Washington 8, D. C. Baltimore 12, Maryland Julius S. Austero Maj. Lucille Caldwell 11851 Edgewood Avenue Eastern Air Defense Garden Grove, California 4706 Defense Wing Park Ridge, Illinois Cable G. Ball Ball & Munro Lt. Levin H. Campbell, III 34 Lafayette Loan & Trust Bldg. 106 Knollwood Road Lafayette, Ind. Short Hills, New Jersey Maj. Victor D. Baughman Lt. Col. Edwin J. Carpenter 206 Center Street 7961 Shape Detachment Findlay, Ohio APO 163, c/o Postmaster New York, New York Lt. Col. John Henry Baumgarten Staff Judge· Advocate Ashley B. Carrick New Orleans Port of Embarkation 940 Andover Terrace New Orleans, Louisiana Ridgewood, New Jersey Manning E. Case John V. Baus 2611 Idlewood Road National Bank of Commerce Bldg. Cleveland Heights, Ohio New Orleans 12, Louisiana Hon. Alfred J. Cawse, Jr. Lt. Col. Harold D. Beatty 7 Haynes Street 308 Lacey Drive Staten Island 9, New York Ne.w Milford, New Jersey J. Kenton Chapman James E. Bednar 1028 Connecticut Avenue, N. W. do Jones and Bednar Washington 6, D. C. 520 Subway Terminal Building Harold V. Dempsey Los Angeles 13, California 95 Liberty Street New York 6, New York Edward B. Bergman 337 Broadway Col. John H. Derrick Kingston, New York JAGO, Department of the Army Room 3E-275, The Pentagon Maj. Philip F. Biggins Washington 25, D. C. Hq. & f{q. pet. R. T. S. Lt. Col. George F. Dillemuth, USAF 8154 AU, APO 719 c/o PM Hq., WADF San Francisco, California Hamilton AFB, California Lt. Robert E. Bullard Col. William S. Dolan 10013 Portland Road JA Div., Hq., APGC Silver Spring, Maryland Eglin Air Force Base, Florida 40 The Judge Advocate Journal

A1thur Donn Abe McGregor Goff 177 Montague Street Solicitor Brooklyn, New York Post Office Department Washington 25, D. C. Maj. Corwin V. Edwards Legal Division Lt. Ned Good Japan Procurement Agency JA Sec., Hq. 40th Inf. Div. APO 503, c/o Postmaster APO 6, c/o Postmaster San Francisco, California San Francisco, California Smnner W. Elton Lt. Comdr. Franklin P. Gould 73 Tremont Street University Club Boston 9, Massachusetts Washington 6, D. C.

Col. M. A. Erana Donald H. Grant 11 West Bradley Lane 187 Milner Street Chevy Chase 15, Maryland Albany, New York

Frank P. Eresch Raymond T. Greene, Jr. 5309 Pine Street 323 North Second Avenue Bellaire, Texas Sandpoint, Idaho l\faj. Francis C. Foley Lt. Fielding D. Haas 1180 Raymond Boulevard 215 Farmer Street Newark 2, New Je1·sey Norman, Oklahoma Lt. Col. Hamilton S. Foster P. 0. Box 7272, Station "C" Maj. F. New Hand Atlanta, Georgia Staff Judge Advocate's Office Hq., Mobile Air Materiel Area Lawrence H. Fountain Brookley Air Force Base, Alabama U. S. House of Representatives Washington 25, D. C. Capt. Edward D. Harbert Hq. 4th Inf. Div. Lt. Col. Sumner Freedland APO 39, c/o Postmaster BIO JAGO, Ft. Holabird New York, New York Baltimore, Maryland John H. Hendren, Jr. Lt. Col. Eugene M: Gant, Jr. Central Trust Building Office of SJA Jefferson City, Missouri Hq., Oklahoma City Air Materiel Area Jinker AFB Robert A. Hitch Oklahoma City, Oklahoma 9355 T. S. U. Ordnance Corps Picatinny Arsenal Reece A. Gardner Dover, New Jersey c/o Stinson, Mag, Thomson, McEvers & Fizzell William J. Horrigan 9 West 10th Street 270 Park Avenue Kansas City, Missouri New York, New York The Judge Advocate Journal 41

Robert A. Hovis Lt. Col. John J. Madden 1507 Liberty Life Building Judge Advocate General's School Charlotte, North Carolina Charlottesville, Virginia Lt. James C. Hughes Capt. Weldon L. Maddox U. S. Army Forces in Far East 342 N. Charles Street APO 343, c/o Postmaster Baltimore 1, Maryland San Francisco, California James M. McGarry, Jr. John N. Hughes 430 W. 119th Street 222 Equitable Building New York, New York Des Moines 9, Iowa Rufus N. McKnight, Jr. Bernard M. Jones 417 So. Winnetka Avenue P. 0. Box 8566, Sta. "D" Dallas 8, Texas Jackson, Mississippi Joseph P. McNamara T. Kayler Jenkins Pine Tree Corner 1700 Rand Building Stepney Depot, Connecticut Buffalo 3, New York Paul R. Miller George Hay Kain, Jr. 1024 Kirkham Avenue 119 East Market Street Kirkwood 22, Missouri York, Pennsylvania Frank J. Mizell, Jr. Boynton Kamb 137 Lee Street 815 Cleveland Avenue Montgomery, Alabama Mt. Vernon, Washington Edward W. Moses Col. Edward J. Kotrich Suite 610 Rowan Building SJA, Hq. U. S. Forces in Austria 458 So. Spring Street APO 168, c/o Postmaster Los Angeles 13, California New York, New York Lt. Col. Edward J. Murphy, Jr. David I. Kraushaar J A Div., Hq. Second Army 1408 Howard Street Ft. George G. l\_'[eade, Maryland Falls Church, Virginia George B. Kreger Louis A. Otto, Jr. 188 E. Main Street c/o Attorney General Abingdon, Virginia Govt. of Guam Agana, Guam Lt. Col. Laurence W. Lougee J A Section, Hq. First Army Col. Philip C. Pack Governors Island Deputy Adj. Gen. of Mich. New York 4, New York Lansing 1, Michigan "Maj. John A. Macomber Henry P. Pate JA Sec., Hq. 2nd Army 1500 Canal Building Fort George G. Meade, Maryland New Orleans 12, Louisiana 42 The Judge Advocate Journal

:Maj. Irving Peskoe Lt. Col. Ralph G. Smith 10 Neillian Way 44 E. Broad Street Bedford, Massachusetts Columbus 15, Ohio Col. J olm Marshall Pitzer Hamlin Smithdeal J A Sec., Hq. The Armored Center 412 Exchange National Bank Bldg. Fort Knox, Kentucky Colorado Springs, Colorado Frank Reel Lt. James E. Spellman 250 West 57th Street 2012 Howe Str~et New York 19, New York Utica 3, New York W. J. Reseburg Arthur E. Spencer, Jr. 437 Central Building 416 First National Building Seattle 4, Washington Joplin, Missouri l\Iaj. Robert W. Reynolds George B. Springston Hq., TRUST (JA Sec.) USAREUR 5403 Wilson Lane APO 403, c/o Postmaster Bethesda 14, Maryland New York, New York Lt. Col. Roy H. Steele l\Iorris Rosenberg Deputy_ Army JA, Hq. 7th Army 900 Baltimore Life Building APO 46, c/o Postmaster Baltimore 1, l\Iaryland New York, New York Max Rosenn Capt. Frank C. Stetson Second National Bank Bldg. 2305 North 11th Street "Wilkes-Barre, Pennsylvania Arlington 1, Virginia Joseph Sachter Col. Clio Edwin Straight 120 East 41st Street J A Sec., Pusan Military Post New York 17, New York APO 59, c/o Postmaster Capt. Herman Saltzman San Francisco, California Hq. 17th Air Force, USAFE Lt. Col. John E. Taylor APO 118, c/o Postmaster Hq. SFPOE New York, New York Ft. Mason, California Lt. Col. James M. Scott Ryland G. Taylor 2121 Jackson Street, S. E. 250 Rancho Circle Albuquerque, New Mexico Las Vegas, Nevada Maj. Gen. Franklin P. Shaw Capt. Lee S. Tennyson 1714 North Huntington Street 315th Air Division Arlington, Virginia APO 959, c/o Postmaster Col. Clifford A. Sheldon San Francisco, California Staff Judge Advocate Maj. Marion F. Thurston, Jr. Alaskan Air Command Stu. Det. APO 942, c/o Postmaster Com. & Gen. Staff College !Seattle. Washi~ton Fort Leavenworth, Kansas The Judge Advocate Journal 43

Orson Neil Tolman Col. Howard Russell Whipple Suite 604 8540th AAU, Board of Review #4 1625 Eye Street, N. W. The Pentagon Washington, D. C. Washington 25, D. C.

Joseph J. Tritico George L. "Wideman P. 0. Box 1379 Box 222 Lake Charles, Louisiana Somerset, Texas Lcdr. John Van Ohlen, USN Maj. Philip M. Wilson Box 13, ComNavMarianas Office of JA FPO, San Francisco, California Japan Construction Agency Roland C. Vaughan APO 500, c/o Postmaster 908 N. Wood Street San Francisco, California Sherman, Texas Col. Claudius 0. Wolfe John L. von Batchelder JA Section, Hq. SFPE, Ft. Mason 326 Hammond Building San Francisco, California Detroit 26, Michigan Col. Charles C. Young Col. Edward J. Walsh 28 Evonaire Circle 1136 Placetas Avenue Belleair, Clearwater, Florida Coral Gables, Florida Guy E. Ward Col. Arthur N. Ziegler 120 El Camino Drive 329 West Portal Avenue Beverly Hills, California San Francisco 27, California