154 CONGRESSIONAL RECORD-HOUSE JANUARY 14 NOMINATIONS Vice Adm. John D. Price, United States Mrs. ROGERS of Massachusetts asked Navy, to have the grade, rank, pay, and allow­ and was given permission to extend her Executive nominations received by the ances of a vice admiral while serving as dep­ Senate January 14, 1948: uty Chief of Naval Operations (Air). remarks in the RECORD and include a COMMISSIONER, DISTRICT OF , COLUMBIA Vice Adm. Harold B. Sallada, United States letter she received from the White House regarding the oil situation. Guy Mason, of the District of Columbia, to Navy, to have the grade, rank, pay, and allow­ be a Commissioner of the District of Colum­ ances of a vice admiral while serving as Com­ SPECIAL ORDER GRANTED mander Air Force, United States Pacific Fleet. bia for a term of 3 years, and until his suc­ Mrs. ROGERS of Massachusetts. Mr. cessor is appointed and qualified. IN THE MARINE CORPS Speaker, I ask unanimous consent that INTERSTATE COMMERCE COMMISSION Maj. Gen. William P. T. Hill to be Quarter­ -master General of the Marine Corps, with the I may address the House today for 10 Walter M. W J Splawn, of Texas, to be an minutes following the disposition of Interstate Commerce Commissioner for a rank of major general, for a period of 2 years from the 1st day of February 1948. business on the Speaker's desk and the term expiring December 31, 1954. conclusion of special orders heretofore BUREAU OF INTERNAL ~EVENUE entered. Charles Oliphant, of Maryland, to' be as­ The SPEAKER. Is there objection to sistant general counsel for the Bureau of the request of the gentlewoman from Internal Revenue, in place of John Philip HOUSE OF REPRESENTATIVES Massachusetts? Wenchel, resigned. There was no objection. Mortimer Jordan, of Alabama, to be collec­ WEDNESDAY, JANUARY 14, 1948 tor of internal revenue for the district of Ala­ EXTENSION OF REMARKS bama, in place of Henry J. Willingham, re­ The House met at 12 o'clock noon, and was called to order by the Speaker. Mr. BAKEWELL asked and was given signed. permission to extend his remarks in the John T. Jarecki, of Illinois, to be collector The Chaplain, Rev. James Shera of internal revenue for the first district of Montgomery, D. D., offered the follow­ Appendix of the RECORD and include an Illinois, in place of Nigel D. Campbell, ing prayer: editorial from the Armed Forces maga­ resigned. zine. (These officers are now serving under tem­ Dear Lord, as we come into Thy holy Mr. TWYMAN asked and was granted porary commissions issued during the last presence, be Thou the master light for permission to extend his remarks in the _recess of the Senate.) all our ways. Direct us and enjoin us RECORD and include a speech made by COLLECTOR OF CUSTOMS to be brave and calm in the discussion of Senator C. WAYLAND BROOKS, of Illinois, Martin R. Bradley, of Michigan, to be col­ every question. In our valley of deci­ relative to the Marshall plan. lector of customs for customs collection dis­ sion, lead us to acquit ourselves as true Mr. JAVITS asked and was granted trict No. 38, with headquarters at Detroit, Americans, cognizant of our own de­ permission to extend his remarks in the Mich. (Reappointment.) fects and patient with the errors of RECORD and include an editorial from the UNITED STATES ATTORNEY others. We pray Thee to bless our New York Herald Tribune entitled "Ex­ Howard L. Doyle, of Illinois, to be United Speaker with renewed strength, and for plosives for Palestine." States attorney for the southern district of all who bear the authority and responsi­ Mr. JAVITS asked and was granted Illinois. (Mr. Dayle is now serving under bility of leadership, may they and all permission to extend his remarks in the an appointment which expired October 1, citizens make the great adventure of RECORD and include an address by· Sena­ 1947.) faith, and, believing, find the inspiration tor IvEs on the occasion of a farewell UNITED STATES MARSHALS to labor on. We pray in our Master's dinner to Dr. Silver. Benjamin F. Ellis, of Alabama, to be United name. Amen. Mr. REED of New York asked and was States marshal for the middle district of -Ala­ granted permission to extend his re­ bama. (He is now serving under a recess ap­ The Journal of the proceedings of yes­ pointment.) - terday was read and approved. marks in the RECORD in three instances and in each instance to include extra­ Gerald K. Nellis, of New York, to be United MESSAGE FROM THE PRESIDENT States marshal for the northern district of neous matter. New York. (He is now serving under a re­ A message in writing from the Presi­ Mr. MAcKINNON asked and was cess appointment.) dent of the United States was communi­ granted permission to extend his re­ Theodore B. Werner, of South Dakpta, to cated to the House by Mr. Miller, one of marks in the RECORD and to include ex­ be United States marshal for the district of his secretaries. traneous matter. South Dakota. (He is now serving under a EXTENSION OF REMARKS Mr. ELLIS asked and was granted recess appointment.) permission to-extend his remarks in the APPOINTMENTS IN THE REGULAR ARMY OF THE Mr. ENGEL of Michigan asked and RECORD and include a newspaper article. UNITED ' STATES was given permission to extend his re­ SPECIAL ORDER GRANTED To be captain marks in the RECORD and include an edi­ Gordon M. Johnson,. AGO, 029406. torial from the United Mine Workers Mr. HALLECK. Mr. Speaker, I ask Journal. unanimous consent that on tomorrow, To be first lieutenants Mr. WELCH asked and was given per­ George W. Gorman, AC, 043058. after the disposition of matters on the Paul N. Harlow, AC, 031590. mission to extend his remarks in the Speaker's desk . and all other special Benjamin G. Musser, MC, 056894. RECORD and include an article by Ruth orders, my colleague the gentleman from Howard R. Schroeder, AC, 056518. Finney entitled "Public Power Lauded," Indiana [Mr. LANDis] may address the To be second lieutenant which appeared in the San Francisco House for 30 minutes. News. · The SPEAKER. Is there objection to Kenneth B. Smith, AC, 049722. Mr. ROBERTSON asked and was giv­ NoTE.-The above listed officers were serv­ the request of the gentleman from ing in the Regular Army in incorrect grades en permission to extend his remarks in Indiana? due to discrepancy in original records of the RECORD and include a letter from the There was no objection. Dairy Industries Association. birth. These officers were discharged from THE ROAD TO SOCIALISM their incorrect grades on December 29, 1947, Mr. RAMEY Commander United States Naval Forces, ciety, University of Pennsylvania, at Mr. MASON. Mr. Speaker, the streams Mediterranean. Philadelphia on January 6, 1948. of American risk capital are rapidly dry- 1948 CONGRESSIONAL RECORD-HOUSE l55 ing up. Our people are saving and in­ And why don't the manufacturers color the for 1 minute and to revise and extend vesting very little these days. During margarine themselves and save the housewife my remarks. the prewar days we saved 25 percent of a messy job? · Those are all good questions. They merit The SPEAKER. Is there objection our national income and invested those a frank and clear answer. · to the request of the gentleman from savings in ever-expanding American The reason many Milwaukee stores do not South Carolina? business enterprises. Today we are sav­ sell oleo is that, to do so, they must have There was no objection. ing only 6 percent of our swollen na­ both a State and a Federal license. The State Mr. RIVERS. Mr. Speaker, the sub­ tional income; therefore, the streams of ·license costs $25; the Federal $6. A store has ject of oleo is a very vital subject to me. risk capital needed for the expansion of to be sure of selling considerable oleo before I rise to tell my distinguished colleague industry, the creation of jobs, and the it buys these licenses. from the State of New York that I have production of scarce goods have become The reason the price is higher here than in today placed on the desk a petition to tiny trickles and are rapidly drying up Illinois is that Wisconsin has a tax of 15 cents a pound on all oleo sold in the State. Fur­ discharge my bill on this matter. Nat­ altogether. thermore, a wholesaler, in addition to paying urally, I do not want any of you to get Great Britain, before World War I, the Federal license fee of $200, must pay a killed in the rush to sign that petition, also saved 25 percent of her · national Wisconsin license fee of $500. The high State but you had better sign it, for you will income. After World War I, Great Brit­ fee, added to the high tax, means a consid­ need it, that is the only way under God's ain's savings kept dwindling until they erable boost in price. sun you will be able to get the bill pried became almost nil. As a result, her in­ The reason oleo comes to the consumer loose from a committee on which the dustrial plants and her mines-:-for lack white lies in the fact that there is a special Federal tax on color~d margarine. There are gentleman from Wisconsin holds mem­ of new capital-deteriorated and became bership. obsolescent. The strain of World War also special fees for wholesalers and retailers of the colored product. The Federal tax on· EXTENSION OF REMARKS II was too much for these starved in­ white margarine is 1,4 cent a pound. The tax dustrial plants, and so we had to come goes up to 10 cents a pound if the margarine Mr. LYNCH asked and was given per­ to her rescue with over $30,000,000,000 is yellow. The Federal license for whole­ mission to extend his remarks in the worth of lend-lease materials. After salers is $200, if they sell only white oleo; if Appendix of the RECORD and include an World War II, Great Britain was forced they sell the colored, the fee is $480. The editorial. into Government ownership and social­ Federal retail license similarly goes up from Mr. ANGELL asked and was given per­ ism, because the Government was the $6 to $48. mission to . extend his remarks in the only source from which capital could be The way to get manufacturers to color their margarine at the factory is to get the special Appendix of the RECORD and include an secured for the rehabilitation of British Federal tax and license fee repealed. article. industry. What is true of Great Britain The way to get cheaper oleo available in Mr. MEADE of Maryland asked and · is also true of France and Italy. more places is to get both the State and the was given permission to extend his re­ Mr. Speaker, are stifling ta~es, bureau­ Federal taxes and license fees largely reduced marks in the Appendix of the RECORD cratic restrictions, and Government en­ or removed altogether. and include a radio address he delivered croachment upon American business OLEOMARGARINE recently. forcing American industry to travel to­ Mr. · MARCANTONIO asked and was day along the same road Great Britain Mr. MURRAY of Wisconsin. Mr. given permission to extend his remarks and France have traveled, the road that Speaker, I ask unanimous consent to ad­ dress the House for 1 minute and to re­ in the RECORD and include an address by leads to socialism? Is not it about time the Honorable Henry A. Wallace on for our bureaucrats in Washington to vise and extend my remarks. December 29. The SPEAKER. Is there objection to stop, look, and listen? Mr. TRIMBLE asked and was given David Lawrence speaks with authority the request of the gentleman from Wis­ consin [Mr. MURRAY]? permission to extend his remarks in the when he says: Appendix of the RECORD and include a ·If the risk capital system is to survive, and There was no objection. Mr. MURRAY of Wisconsin. Mr. report from the Soil Conservation Bu­ private individuals, instead of a socialistic reau. government, are to .furnish the capital for Speaker, I wish to say that I also on improvement of our plants and productive December 21 read the same editorial. Mr. TEAGUE asked and was given per­ facilities in order to produce more goods and Now, the Milwaukee Journal has the mission to extend his remarks in the bring down price~, there must be savings over right to express itself on this oleo busi­ Appendix of the RECORD and include a and above the needs for household expenses. ness if they wish to do so. They have letter. It is from the savings of the investor class Mr. LANE asked and was given permis­ that funds must be obtained for working expressed similar opinions for several capital in American enterprises. years. There is no law against it. The sion to extend his remarks in the Appen­ gentleman from New York should be ad­ dix of the RECORD and to include a news­ WISCONSIN NEWSPAPER OPPOSES vised that when it comes to the time paper article. MARGARINE TAX when he needs someone to help him put Mr. FISHER asked arid was given per­ Mr. BUCK. Mr. Speaker, I ask unan­ over this oleo business, I hope he will not mission to extend his remarks in the imous consent to address the House for have to depend upon a Democratic paper RECORD and include a program adopted 1 minute and to revise and extend my to do it. That does not mean anything by the Association of Letter Carriers remarks. up in Wisconsin coming from a Demo­ which has just concluded a meeting in The SPEAKER. Is there objection to cratic paper, but I ask the gentleman to Washington. the request of the gentleman from New find any similar editorial from a Repub­ Mr. MURRAY of Wisconsin. Mr. York? lican paper in the State of Wisconsin­ Speaker, I ask unani.mous consent to ex­ There was no objection. yes, one-that gives any credence to this tend my remarks in the Appendix of the Mr. BUCK. Mr. Speaker, even Wis­ product, this concoction known as oleo. RECORD in two instances, in one of which consin, claimed to be the greatest dairy­ Mr. BUCK. Mr. Speaker, will the gen­ I show that over a billion dollars' worth ing State in the Uniot;t. is beginning to see tleman yield? of automobiles were shipped out of the the light on margarine. I append an edi­ Mr. MURRAY of Wisconsin. I yield. United States last year, and in the other torial advocating removal of all Federal Mr. BUCK. Are the oleo taxes paid by an article from Rhode Island showing margarine taxes which appeared in the Democrats or Republicans or both? that even they feel the ill effects of the December 20 issue of-believe it or not­ Mr. MURRAY of Wisconsin. I pre­ new New Deal agricultural appror.ch. the Milwaukee Journal: sume most of them are paid by the Re­ The SPEAKER. Is there objection to THREE QUESTIONS ABOUT OLEO publicans, because they are the ones who the request of the gentleman from Wis­ A Milwaukee housewife, who finds it ·im­ make the money, The Democrats spend consin? possible to provide near dollar butter for a the money. There was no objection. :family of six on a meager budget, asks three OLEOMARGARINE-DISCHARGE PETITION THE BUPGET MESSAGE questions about oleomargarine: NO. 12 Why it is impossible to buy oleo in many Mr. POTTS. Mr. Speaker, I ask Milwaukee stores? Why, when you can get it, Mr. RIVERS. Mr. Speaker, I ask unanimous consent to address the House is the price so much higher than in Illinois? unanimous consent to address the House for 1 minute. 156 CONGRESSIONAL RECORD-HOUSE JANUARY 14 . The SPEAKER. Is there objection to Based on that misinformation, the INCREASES IN THE RATES OF PENSION · the request of the gentleman from New board then adopted a resolution urging PAYABLE TO VETERANS OF INDIAN ~~? . that prompt remedial legislation be WARS There was no objection. passed to assure transportation of ·an Mr. MATHEWS. Mr. Speaker, I ask Mr. POTTS. Mr. Speaker, in the adequate supply of fuel oil to American unanimous consent to take from the President's budget message under the homes and businesses. Speaker's table the bill Generals' Association, Services Committee commenced lopg be­ Mr. Chairman, the purpose of H. R. and the Phi Alpha Delta law fraternity. fore the passage of the so-called unifi­ 2575 is to amend the Articles of War and The reports and recommendations of cation bill and was finished before the improve the Army system of justice. each of these groups were made available passage of that bill. To all intents and In order that the Members may have a to the Armed Services Committee and purposes the Subcommittee on Armed full appreciation of the importance of the representatives of each of the organiza­ • Services had reached, generally speak­ legislation which is presented here today, tions appeared before the committee in ing, a decision as to what should be done I consider it both advisable and neces­ public hearings in support of their rec­ with reference to the court-martial' sYs­ sary to relate, in a general way, the ommendations. Other witnesses, who tem in the Army. Obviously it was im­ events which have brought the subject had particular knowledge of the subject practical for that committee to embark of military justice to our attention. by virtue of their service and experience upon a new study and endeavor to merge During the course of World War II ap­ in the recent war, were heard. together legislation with respect to the proximately 11,000,000 men saw service In our opinion, the combined efforts Navy and its court-martial system with in the United States Army, and of that of t-hese organizations and individuals that of the Army. number approximately 80,000 were con­ represented the most comprehensive My information is th~t the Armed victed by general courts martial. Even study of military justice that has been Services Committee is embarking upon before the cessation of hostilities it was conducted in the history of our country. an investigation or inquiry into the neces­ apparent to the War Department and to In general, the main accomplishments sity, perhaps, of revising the Navy pro­ the Congress that a detailed study of the of the bill may be outlined as follows: cedure, and upon a later date, perhaps, Army system of justice was appropriate, First. Enlisted men have been author­ . the House will receive recommendations · if not mandatory. · Accordingly, in 1944 ized to sit as members of a courts martial. on that subject. In any event, this bill, and 1945, the War Department sent Col. Second. It subjects officers to trial by in my humble judgment, and that of the Phillip McCook, former prominent New special court::> martial. members of the Committee on Rules who York jurist, to various theaters of opera­ Third. It prohibits the unlawful influ­ heard the discussion, accomplishes a tion to conduct such studies. Additional ence of courts martial or the members great reform ;:tnd is entitled to the favor­ reports were submitted to the War De­ thereof. able consideration of the House. partment from other sources. Fourth. Warrant officers are author­ Mr. Speaker, I have no more requests Within a few months after the end of ized to sit as members of courts martial. for time. Under the rule, the minority is hostilities the matter was brought to the Fifth. An accused, if he so desires, may entitled to some time, if it desires it. attention of the American Bar Associa­ Hearing no requests, Mr. Speaker, I move have counsel at the pretrial investiga­ tion. and on March 25, 1946, the War De­ tion. the previous question. partment Advisory Committee on Mili­ The previous question was ordered. tary Justice was appointed by order of Sixth. Authority to grant a bad-con­ The SPEAKER. The question is on the the Secretary of .War. The committee, duct discharge has been granted to gen­ resolution. under the chairmanship of the Honor­ eral and special courts martial. The resolution was agreed to. able Arthur T. Vanderbilt, and referred Seventh. The review and appellate Mr. ELSTON. Mr. Speaker, I move to as the Vanderbilt committee, consisted provisions have been strengthened. that the House resolve itself into the of nine outstanding lawyers and Federal Eighth. A lesser punishment than Committee of the Whole House on the jurists from eight States and the District death or life imprisonment for murder State of the Union for the consideration of Columbia. From March 25, 1946, until · or rape has been provided. of the bill officer, in lieu of a dishonorable dis­ having had an appellate review of the is important to note that every organiza­ charge, may be reduced to the grade of dishonorable discharge portion of his tional representative and every individ­ private. sentence. Not only is it possible, there ual who testified before the committee, ­ Since a commanding officer's authority have been many such cases, resulting in except Army witnesses, not only favored under the one hundred and fourth ar­ extensive criticism of the Army system. but urged the establishment of a sepa- · ticle of war has been ·increased in this This has been corrected in section 26 (e) rate Judge Advocate General's' Corps bill so that he may forfeit one-half of of the bill. with a separate promotion list. an officer's pay for 3 months, rather than Section 28 of the bill provides that the Under present law command· has an 1 month, a far greater restraint on offi­ Judge Advocate General shall have abnormal and unjustified influence over cers wi11 be the inevitable result. En­ clemency power~ such power to be exer­ military justice. In opposing our deci­ listed men are not subject to this in­ cised under the direction of the Secre- · sion Army authorities stressed the neces­ creased power of forfeiture. tary of the Army. This matter was con­ sity for preserving proper discipline and ·Fourth. Should the pretrial investiga­ sidered by the legal subcommittee of for giving line commanders authority tion be made mandatory and should ac­ the Armed Services Committee in con­ which is commensurate with their re­ cused be furnished counsel at such in­ nection with the powers of reviewing au­ sponsibility. We fully agree that disci­ vestigation? thorities. The practical result of the pline is of the utmost importance and This question presents a more difficult law is that the Judge Advocate General must be preserved. However, we feel problem than is apparent. In our con­ becomes a recommending officer and has equally certain that in the administra­ sideration of the subject of military jus­ no independent authority to exercise the tion of military justice there is a point tice we have been guided by the principle power of clemency. Due to the wide beyond which the considerations of jus­ that the basic rights of an accused should disparity in sentences given for similar tice are paramount or at least equal to be protected without encumbering the offense&, it was the conclusion of the sub­ discipline. Under present law and un­ military system in such a maze of techni­ committee that the results which could der this bill, as amended, command has calities that it fails in .its purpose. Upon normally be expected tb come from a abundant authority to enforce disci­ this premise we have concluded that an proper and thorough exercise of the pline. It refers the charges for trial, investigation should precede every gen­ clemency power in the office of the conven~s the court, appoints the trial eral courts-martial trial but that the in­ Secretary of War had not been obtained. judge advocate, law member, and de­ vestigation should be considered suffi­ This resulted in widespread criticism of fense counsel who must now be qualified cient if it has substantially protected the the Army system and prompted the sub­ personnel and, after the -trial, reviews rights of the accused. To hold other­ committee to give the Judge Advocate· the case with full authority to approve or wise would subject every general courts­ General this clemency power, to the ex­ disapprove the whole or any part of the martial case to reversal for jurisdiction­ clusion of the Secretary of War. When sentence. al error on purely technical grounds. the matter was presented to the full · We r ~ntend that command should Our committee has added another committee, the then Secretary of War ask for nothing more in the furtheranee safeguard in amending section 22 by pro­ appeared in opposition to the committee of discipline. At the conclusion of a trial, viding counsel in every pretrial investi­ amendrr.ent and urged that the final · under the present system, the same offi­ gation upon the request of the accused. power of clemency be restored to his of­ cers who conducted the case return to As a matter of custom the Army already fice. After due deliberation, the full the command of a line officer who has provides such counsel in serious cases. committee restored the power to the fu!l authority over their efficiency ratings, It now becomes a matter of right, at the Secretary of War. It is a recognized fact promotion recommendations, leaves, and option of the accused. that administrative failures of this duty assignments. These officers, many Fifth. A more adequate review should nature are usually the result of the stress of whom have f.amilies and have chosen be provided. of wartime. The increased responsibility the Army for a career, would be less than Any system of judicial review is com­ of every higher official makes it inevita­ human if they ignored the possibilities of plicated, technical, and difficult to un­ ble that certain duties be delegated to such influence. We contend that those derstand. The principal provisions of subordinates, and unless those subordi­ who are charged with the impartial ad­ judicial review are presently contained nates have the capabilities to meet the ministration of military justice must in Articles of War 50 and 50%. In an delegated responsibilities, the desired re­ have sufficient freedom of judicial deter­ attempt to clarify these sections they sults will not be obtained. In restoring mination to meet the responsibility. have been rewritten in section 26 of the final clemency power to the Office of the During the course of the lengthy hear­ bill. The new section provides for a Secretary o~ War, it is to be hoped that ings by the legal subcommittee it became new judicial council of three general of­ the appropriate officials will take such apparent that it was the majority desire ficers, in addition to the present board of steps as they may deem necessary to in­ to establish a separate Judge Advocate review, and defines the action to be taken sure that any future delegation of the General's Corps with a separate promo­ upon cases examined. The judicial power of clemency will be safeguarded tion list. The then Under Secretary of council is vested with a very broad con­ by selecting the best qualified delegates War, Hon. Kenneth C. Royall, and Lt. firming authority. The three members of the power obtainable. Gen. J. Lawton Collins requested the op­ of this council would be chosen upon the Sixth. Should command influence, portunity to be heard in opposition to basis of their judgment, experience, and with respect to the judicial acts of courts such a provision. Both of these wit­ knowledge of the law. Whereas the martial, military commissions, and the nesses appeared before the subcommit­ board of review is chiefly concerned with members thereof, be curtailed? tee and ably presented the views of the legality of the case, the judicial There is unanimous agreement that command officers in opposition to a council is concerned not onl~ with the command influence has been improper Judge Advocate General's Corps. In 1948 CONGRESSIONAL RECORD-HOUSE 159 spite of this testimony by these able and Advocate General's Corps is established, rant officers and enlisted men in such respected witnesses the subcommittee the Army will have great difficulty in numbers as the Secretary of the Army was still of the opinion that a · separate obtaining qualified personnel to staff may determine. Since we are asking for corps should be established. When the such a corps. The Army will find itself 180 less officers than the War Depart­ matter was brought before the full com­ in somewhat the same position as it now ment itself asked for, it is my judgment mittee for fmal action the then Secre­ finds itself with respect to doctors. They that the cost of this legislation would tary of War, Robert P. Patterson, and are in great demand in civilian life, and not be $3,200,000 but would be something the Chief of Staff, Gen. Dwil:ht Eisen­ it is certain that the emoluments of civil less than $2,000,000. In any event, we hower, requested that they ~e permit­ practice exceed those offered by the are of the opinion that the establishment. ted to appear before the fu~l <4:>mmittee Army. Some inducements must be of­ of a separate Judge Advocate General's in opposition to a separate Judge Advo­ fered to retain the qualified officers now Corps would cost considerably less than cate General's Corps. Even though the on duty and to attract qualified gradu­ the enactment of the original provisions request was unusual and was at variance ates of our law schools into the service. of this bill. with the established procedure of the The present condition does neither. . I cannot guarantee that this bill, if committee in its consideration of sub­ The Secretary and the Chief of Staff enacted into law, will cure all of the evils committee reports, the request was have criticized a separate promotion list and inequities of the existing system, but granted and both the Secretary of War for the Judge Advocate General's Corps, I do say that, in my opinion, the bill rep­ and the Chief of Staff appeared before stating that it is contrary to the basic resents the minimum action we should the committee and voiced their strenu­ provisions of H. R. 3830, the promotion take. For those who m:::ty feel that we ous objections to the curtailment of the bill, which was recently passed by the have gone too far in our efforts to revise clemency power in the Office of the Sec­ House and Senate. It is admitted that the existing system I wish to state that retary of War and the establishment of there are humps in certain grades in the the only criticism that we have received a separate Judge Advocate General's Judge Advocate General's Department. of our action, which was taken more than Corps. As hereinbefore stated, the clem­ However, any objective study of this 5 months ago, is that we have failed to ency power was restored to the Secretary matter will reveal that the sa.me situa­ go far enough. of War. However, the full committee en­ tion exists in other branches of the serv­ We are now on the threshold either dorsed the action of the subcommittee in ice, particularly the Air Corps. It is im­ of universal military training or of the voting to establish a Judge Advocate portant to note that it is not mandatory maintenance of a professional army at General's Corps with a separate promo­ that the Secretary of the Army fill all least five times larger than that main­ tion list. grades under the promotion bill. He tained before the last war. The future The use of the term "independent may do so -at his discretion, and it is in­ Army, no matter how it may be raised, Judge Advocate General's Corps" has conceivable that he would take any ac­ will be composed of the physically fit been rather loose and has resulted in tion in this respect which was not uni­ youth of the country. The first contact some unfortunate and unjustified con­ form throughout the other branches of with any judicial system for the over­ clusions. The primary mission of every the service. whelming majority of these young men member of the armed forces of the United It seems apparent that "command" will be their experience with the adminis­ States is the winning of battles in war­ considers the Judge Advocate General's tration of military justice. We believe time and the preparation to win them in Department to be composed of a nonpro­ that it is our duty, so far as lies within peacetime. Regardless of their technical fessional group, whereas we are of the our power, to see that the system to which status in the armed forces, members of opinion that the Judge Advocate's De­ they are exposed is reasonably designed the Judge Advocate General's Depart­ partment must be a professional group, to achieve justice. ment or Corps have that same primary especially trained· in order that it may Mr. JENKINS of Pennsylvania. Mr. mission and we do not intend that it shall properly perform its function. We have Chairman, will the gentleman yield? be changed. Judge Advocate officers are been reliably informed that approxi­ Mr. ELSTON. I yield to the ·gentle­ properly members of the Department of mately 90 percent of the field work of the man from Pennsylvania. the Army team, and, while the duties of Judge Advocate's Department consists of Mr. JENKINS of Pennsylvania. I their assignments are necessarily non­ matters relating directly to military jus­ tice and that more than 50 percent of have been either the president or Jay combatant in nature, it seems wholly un­ its work in Washingtor is of the same member of a division general court for justified to say that they are less inter­ nature. Another considerable function over a year. My only criticism would be ested in the primary mission of the Army that you have not gone far enough, par­ than any other member of the armed consists of the investigation and adjust­ ment of claims. It can hardly be. ex­ ticularly in divorcing the operation of forces. pected that unqualified personnel can military justice from the chain of com­ It has been said that this is another handle these assignments. If they mand. If I understand correctly, the attempt to establish special privileges for could, this subject would not be before us commanding officer still convenes the another professional group. Nothing today. court, appoints the personnel of the could ~Je further from the truth. During The Secretary stated that the creation court, and confirms the sentence. That the entire hearings, which began on of a separate corps of the Judge Advo­ is correct, is it not? April 18 and were not concluded until the cate's will not decrease the load on com­ Mr. ELSTON. That is right. latter part of June, no member of the bat officers. We think that the creation Mr. JENKINS of Pennsylvania. From subcommittee nor any witness who ap­ of a separate corps would inevitably re­ that confirmation is there any appeal peared before it gave the slightest inti­ sult in lessening the burden on combat under the provisions of this act to your mation that he was interested in legis­ officers. It is an indisputable fact that judicial council; that is, any automatic lating for lawyers ·as a class. As a matter throughout the war the trial judge advo­ appeal? of fact, there is a shortage of qualified cates, law members, and defense counsel, Mr. ELSTON. Yes; section 26, article legal talent in the Army, and it seems in addition to officers who investigated 50 (f), provides that every record of trial inevitable that if we are to atti~act quali­ claims, were largely drawn from officers by general court martial, the appellate fied personnel into the Judge Advocate of the line. This resulted in those offi­ review of which is not otherwise pro­ General's Department that we must do cers having a dual function and the testi­ vided for, shall be examined in the office more than has been done heretofore. mony before our committee made it very of the Judge Advocate General, and if The Vanderbilt committee states that ap­ apparent that the added function of found legally insufficient to support the proximately 25,000 lawyers applied for military justice and claims was held to findings of guilty and sentence, in whole duty with the Judge Advocate General's be of secondary importance. or in part, shall be submitted to the Department, but less than 10 percent It is difficult to determine the costs Board of Review for appropriate action. were accepted. The evidence was undis­ which would be incurred by the enact­ Subsection (e) of the-same section pro­ puted that many line commanders de­ ment of this legislation. The War De­ vides that no authority· shall order the clined to use such legal talent as was partment estimated that the enactment execution of any sentence of a court available to them in niatters of military of H. R. 2575 without our amendment martial involving dishonorable discharge, justice, and even went so far as to repri­ would require a total of 937 officers and bad conduct discharge, or confinement mand those lawyers who made an honest a comparable number of enlisted men, at in the penitentiary until the appellate attempt to serve the cause of justice in a cost of $3,200,000. Our amendment review provided in that section shall have military trials. Even if a separate Judge proposes a corps of 750 officers and war- been completed and unless and until any 160 CONGRESSIONAL RECORD-HOUSE JANUARY 14 confirming action required shall have the Armed Services Committee and the Mr. MATHEWS. You would not have been completed. In fact, every record members, particularly the distinguished to use it also. I thought the purpose of of trial by general or special court mar­ gentleman from Ohio, and the members defining the term "soldier" was to make tial involving a sentence to dishonorable of his subcommittee, for what appears to one word cover the whole works. discharge or bad conduct discharge, me to be a magnificent job. I have gone Mr. ELSTON. The use of the word whether such discharge be suspended or over this bill and the report with some "soldier" may appear in other articles of not suspended, and every record of trial care. It seems to me that there has war. We refer, I believe, only to en­ by general court martial involving a sen­ been nothing of greater importance listed men or to officers. tence to the penitentiary shall be exam­ come before ~s. and certainly it would Mr. MATHEWS. The definition of ined by the Board of Review. appear that the committee has given the word "sol.dier" excludes an officer. Mr. JENKINS of Pennsylvania. He the most minute study to the details of Mr. KILDAY. Mr. Chairman, will the ·has the right of appeal from the con­ this legislation. I am very happy to gentleman yield? I think I can clarify firmation of the sentence? support it in general principle. There that. Mr. ELSTON. He has. may be some little minor details which Mr. ELSTON. I yield to the gentle­ Mr. JENKINS of Pennsylvania. Sec­ could still be improved, but I certainly man from Texas. ondly, is there any restriction upon the feel that we ought to, all of us, let the Mr. KILDAY. This is the amendment right of the commanding officer to ap­ committee know how grateful we are to of an existing Article of War. It is car­ point and dismiss the court at his whim? them for this help. ried in this bill in order to add "woman." I speak in that respect from knowledge Mr. ELSTON. I am sure all the mem­ The balance of the bill may relate to en­ of the fact that when a court does not bers of the committee appreciate the re­ listed men. Some of the other articles of please the commanding officer in the marks of the gent.leman from New York. war refer to soldiers. sentence imposed, that it finds itself dis­ Mr. McGREGOR. Mr. Chairman, will Mr. MATHEWS. That is one of the missed, a new court appointed, and fre­ the. gentleman yield? Mr. ELSTON. I am pleased to yield questions. Now, this one has probably quently the officers are detailed on rather been taken care of, but I do not know just undesirable assignments as the result of to the gentleman from Ohio. Mr. McGREGOR. I join with the where. We amalgamated the services. their action on .the court. Now we have a separate Air Force. The Mr. ELSTON. I will say to the gen­ previous speaker in complimenting my Articles of War, as I understand, apply tleman that there is nothing in this bill colleague from Ohio on the presentation of this splendid piece of legislation. I only to the Army. How is the Air Force that prohibits that, except the provision taken care of? that we have written into the bill to the am certain all the veterans and the effect that any effort on the part of an ·friends and families of the veterans will Mr. ELSTON. It is taken care of in officer to improperly influence the court appreciate the untiring efforts of this this way: in any manner whatsoever is punish­ · subcommittee chairman and of the full The question has been raised as to able. Under the circumstances, if it can committee in behalf of the veterans. whether or not the Judge Advocate Gen­ be shown that the convening authority I know the gentleman is familiar with eral's Department of the Department of was dissatisfied with the verdict and as­ the fact that some months ago I intro­ the Army may properly review courts­ signed officers to unpleasant duties be­ duced a bill that was submitted to his ·martial cases which originate in the De­ cause of that dissatisfaction, that in it­ committee under which the defense at­ partment of the Air. self would constitute a violation of one torney would be of the same rank as the At the time o( the passage of the Uni­ of the provisions of this bill. attorney for the prosecution. That bill fication Act which is now Public Law 253, Mr. JENKINS of Pennsylvania. There was caused by some cases of which I have Eightieth Congress, and properly re­ was another point I had in mind, and personal knowledge, where I feel that ferred to as the National Security Act, that is, I do not see anything in the bill, an injustice was done to the defendant it was realized that there would be a as I read it rather cursorily, with re­ through his attorney because the attor­ period of adjustment during which time spect to the time within which trial must ney happened to be of lower rank than it would be determined which services be had. I believe ther~ are others who the attorney for the prosecution. I feel within the Army should remain entirely have that same idea in mind. Nowhere · certain that my distinguished colleague with the Army, which services should be in here do I find that trial must be had has given that some consideration, and I completely transferred to the Air De­ within a definite period of time; in other should like to have his report on it. partment and which services should be words, the correction of the situation, Mr. ELSTON. This bill provides for handled on a temporary basis by the which I think many of us know about, the selection of counsel for an accused Department of the Army for the Depart­ where enlisted men have been held for having the same legal qualifications as ment of the Air. In view of this ·realiza­ months without being brought to trial. the law member of the court, although tion, section 305 (a) was included in Mr. ELSTON. Of course, there might both lawyers may not be of the same Public Law 253 and this subsection, to- · be circumstances under which an accused rank. gether with succeeding subsections, spe­ could not be brought to trial immedi­ Mr. McGREGOR. I thank the gentle­ cifically provides that for a period -of 2 ately. There is no provision as to ex.act man. years from the date of enactment of the time, but section 31, amending article 70, Mr. MATHEWS. Mr. Chairman, will bill the Secretary of Defense may des­ provides that when a person is arrested the gentleman yield? ignate the manner in which the transfer or confined immediate steps must be Mr. ELSTON. I yield to the gentle­ of particular services would be treated. taken to try the accused, and that if man from New Jersey. It is a matter of fact that the Secretary there is unnecessary delay, the officer Mr. MATHEWS. I have some ques­ of Defense has not transferred the func­ who is responsible therefor shall be pun­ tions which are purely technical. tions of the Judge Advocate General's ished. In the first section, apparently for Department of the Army to the Depart­ Mr. JENKINS of Pennsylvania. Would brevity and clarity and simplicity, the ment of the Air. At the present time the the committee be willing to accept an word "soldier" is defined as including a functions of military justice in the Air amendment setting a time limit within noncommissioned officer, a private, or· Department are being handled in ap­ which trial must be had, subject to such any other enlisted man or woman. Then proximately 90 percent of the cases by discretionary authority in the convening the bill later apparently abandons that Air Force personnel. However, the judi­ authority as the exigencies of the serv­ term and uses the terms "enlisted per­ cial review of general courts-martial ice might warrant? sons" and "enlisted men" throughout. cases must be referred to the Board of Mr. ELSTON. We will be very glad to Will the gentleman explain why, after Review of the Judge Advocate General's consider it, but I believe the section to having made that definition available, Department of the Army. There are which I refer is adequate. the subsequent provisions of the bill ap­ about 40 such cases per month. There Mr. KEATING Mr. Chairman, will pear to have abandoned it and other is no question about the legality of this the gentleman yield? terms are used? procedure. Mr. ELSTON. I shall be glad to yield Mr. ELSTON. This section merely Mr. MATHEWS. Did the amalgama­ to the gentleman from New York. amends existing law, which section tion bill provide that the Articles of War Mr. KEATING. Mr. Chairman, I rise would necessarily refer to many other ar­ should continue to apply to the Air primarily to commend the chairman of ticles of war not amended by this bill. Corps? 1948 CONGRESSIONAL RECORD-HOUSE 161 Mr. ELSTON. Yes, to the extent I will add anything to the provisions that could be no possibility of members of the have just indicated. we have in the bill for that purpose. I court, not trained in the law and the Mr. KILDAY. Mr. Chairman, I yield -do not believe they are designed to assist Jaw of evidence, passing upon what would myself H) minutes. Jn improving the administration of jus­ be regarded as competent, relevant, or Mr. KILDAY. Mr. Chairman, in tice. During the past 9 years I have been material evidence. That will be passed peacetime the Army experienced prac­ on the subcommittee which has worked on exclusively by the law member of the tically no difficulty in the administration on each promotion bill and each pay bill. court. I think that greatly strengthens of justice. Prior to the war when the I have seen every branch of the armed the administration of military justice. Army was composed of professional sol­ services ask for a separate promotion · There is another provision in -~'. lis bill diers, all of wholn knew the rules under list-every branch, that is, except the about which nothing has been stated, which they were living and working, they fellows who do the fighting. They are and there is nothing in the report about experienced practically no difficulty. the only ones who have been able to see it. It is a very important matter. Under The difficulty arose when millions of their way clear to do the fighting and the GI bill of lights we included a pro­ civilians went into uniform, both as offi­ carry the guns and take care of the heavy vision creating a board of review in the cers and enli.sted men. Of course, these artillery and fly the airplanes and what­ various departments to review discharges new officers and enlisted men were not not without a separate promotion list. other than honorable, but we limited that professional soldiers, and they were not It is also very interesting to note that in to the so-called blue discharge, the bad­ as familiar with the rules of the game as each instance those groups which seek to conduct discharge, and specifically pro­ their professional predecessors had been. secure a separate list come from well­ hibited the board-from reviewing dishon­ Therefore, even before the termination organized professions and occupations in orable discharges issued by direction of of the war, there was a very distinct de­ civil life. Of course, the infantryman a court martial. In expanding the re­ mand that something be done toward has no counterpart in civil life. I do not view facilities of the Army in this bill we revising the administration of military see where making th.e Judge Advocate have given the judicial council the power justice. This bill is a result of that de­ General, who is going to serve only as a to review any court martial Within a mand, and the result of a study made of law member, the trial judge advocate, the period of 1 year after it becomes final. the subject by the committee, which in­ defense counsel, and reviewing authority, In the case of courts martial resulting dicated that revisions were essential. I independent, is going to lend anything to in dishonorable discharges during World want to point out that this is not. a revo­ the impartiality of the trial. War II, that year vtill not begin to run lutionary rewriting of the Articles of I very heartily endorse the provisions until the termination of World War II. War nor of the court-martial procedures. of the bill which require defense counsel So that we now have a provision which I believe that the American Bar Associa­ to be· either a member of the Judge Ad­ was found to be necessary in administer­ tion studied the matter objectively. vocate General's Department or a quali­ ing the discharge review board set up They came forward with a very detailed fied member of the bar of the Federal under the GI bill of rights, a comparable study of the matter and with a proper courts or of the highest court of one of provision for the review of dishonorable appraisal of the situation. In their re­ the States in all instances in which the discharges. That right has not existed port they stated: trial judge advocate holds such qualifica­ heretofore. Many people lose sight of The Army's system of justice in general tions. I heartily endorse also the provi­ the fact that a court martial is a court, and as written in the books is a good one sions which prohibit the commanding the same as any civil court. When its • • • It is excellent in theory and de­ officer from intimating or directing the judgment becomes final, it is a final judg­ signed to secure swift and sure justice disposition which should be made of a ment, and no longer subject to review. A • • • The innocent are almost never case or the penalty to be imposed. Like­ person who has been convicted by it, after convicted and the guilty seldom acquitted. wise, the provision which prevents him sentence has been served, has only the So we do not attempt to tear up the from · reprimanding a member of the remedy which exists through executive body of the law and the precedents wbfch court for any action taken by that mem­ clemency. In this bill we have provided have been established since the-beginning · ber while sitting on the court. a means by which for 1 year after the .of the Nation in this revision. Those are things which I believe will termination of World War II-and of The gentleman from Ohio referred to lend themselves to fair and impartial course it is not yet ter.Il}inated officially­ administration of justice without inter­ those discharges may be reviewed. a separate judge advocate general's de­ There is another matter that caused partment. I want to make it clear at ference of command, rather ·than the creation of a separate Judge Advocate some considerable comment, not perhaps the outset that I am supporting this bill so much by those who had served in the in the form in which· it has been re­ General's Department. Of course, the enlisted men will now have the right to Army and had seen or thought they had ported by the committee. I do not pro­ seen grave injustices co,mmitted, but by pose to offer any amendments to take have members sit on their courts. I be­ lieve our report states that we doubt those in the higher echelon, who knew out of the bill any of the major pro­ more of the technicalities of the pro­ visions included in it. At the present whether that will be resorted to very frequently. I believe it will be developed cedure. It has been possible in the past time I do not contemplate offering any for a man to be dishonorably discharged amendments. as ·time goes on that it was something that was desired in the abstract more from the service without his case ever Mr. NORBLAD. Mr. Chairman, will having been reviewed by a board of re­ the gentleman yield? than something that would be desired when an enlisted man is facing trial be­ view. A reading of the Articles of War Mr. KILDAY. 'I yield. would have indicated that was not legally Mr. NORBLAD. The fact is that this fore a court martial. However, he possible; but it was. bill, as written, was very satisfacto.ry to does have the absolute right, when he The CHAIRMAN. The time of the so requests, to have not less than one­ the American Legion, the Veterans of gentleman from Texas [Mr. KILDAY] has Foreign Wars, and the . American Bar third of the members of the court be expired. Association Committee. enlisted men. Of course under no cir­ Mr. KILDAY. Mr. Chairman, I yield Mr. KILDAY. That is my understand­ cumstances can a court martial con­ myself five additional minutes. ing. However, in view of the fact that vict except on the concurrence of two­ In the event the convening authority I have not agreed with the creation of a thirds of the members of the court -pres- on the first approval suspended execu­ separate Judge Advocate General's De­ ent and voting. · tion of the dishonorable discharge under partment, I would like to state my posi­ Another thing that will add to the ad­ the present Article of War, that case did tion very briefly. I believe in the demo­ ministration of military justice is the not come before a review board for re­ cratic system, and I offered my amend­ provision contained in this bill recog­ view. The dishonorable discharge was ments in the committee, which were nizing the law member of the court as suspended, review was not required, and overwhelmingly defeated. I abide by the the real judge of the law of the case. immediately thereafter the dishonorable decision of the majority. I agree with Under the provisions of this bill the law discharge was carried out. So that it the end desired to secure equal, impar­ member has the exclusive right to rule has been possible in the past to carry out tial, and uniform justice. I do not be­ on interlocutory questions, except on dishonorable discharge without review lieve that the creation of a separate challenges, for the direction of a vermct by a board of review. That is prevented Judge Advocate . General's Department 9r a finding of insanitY.. So that there by this bill. XCIV--11 162 CONGRESSIONAL RECORD-HOUSE JANUARY 14 I think we should remember that no believe you will see there that the m·at­ Mr. BURLESON. Mr. Chairman, will bill that we write, no penal code, no code ter was approached by a subcommittee the gentleman yield? of criminal procedure in the civil courts composed entirely of lawyers of excel­ Mr. KILDAY. I yield to the gentleman will be any better than the manner in lent training and wide experience in both from Texas. which it is administered. There is no civil and criminal fields. It was ap­ Mr. BURLESON. I would like the provision that we can write to effect the proached from ·an understanding stand­ gentleman's explanation of the appellate manner in which men will administer point and with a knowledge of the tech­ review of the records of courts martial laws; it will depend upon their person­ nicalities of law and of trial procedure, provided in section (g) on page 29 and ality, their judicia~ temperament, their and that there was a sincere effort made how it is that an appellate group can re­ sense of fair play, and those are things to get to the bottom of those things view the credibility of witnesses by read­ that we cannot inculcate in the indi­ which were substantial and which caused ing the printed page? Why would not viduals. the difficulties. We approached it with­ the court martial itself, in looking at the I was interested in some of the ques­ out any hysteria or feeling of rancor · witness, his demeanor, his actions on the tions asked of the gentleman from Ohio about what may have happened during stand, and so forth, be the proper place a while ago with reference to the time of the time when so many civilians were in to give credence to the testimony of wit­ trial and matters of that kind. It is not the armed services. I believe the bill is nesses? possible for us to write here a method of reasonably sufficient for this purpose and Mr. KILDAY. I agree with the gen­ . procedure which will be so bound up and that we will do well to adopt it. tleman, and in the first instance that is ironclad as to se_cure all of these things Mr. KEATING. Mr. Chairman, will true. In other words, where a witness is and at the same time be workable. The the gentleman yield? shown to· be highly contradictory or not only means by which it could be done Mr. KILDAY. I yield. to have been in a position to have seen would be to make those things that you Mr. KEATING. With reference to the things about which he testifies, and desire matters o~ jurisdiction and the section 46 I gather that the gentleman is so forth, the credibility of the witness judgment void in the event they are not not in agreement with it although he is may be passed on by the reviewing au­ carried out. That is not feasible, espe­ not planning to offer an amendment to . thority from the printed page. I think, cially in time of war when men are mov­ modify it or strike it out. I UI)derstand however, the significance of the inclusion ing· about-for instance, as to the time an amendment will be offered to strike it of those words in this section is that we of trial. The provisions of the present out. Is it not a fact that the Air Corps have made the review just as broad as it bill do call for an expeditious trial, as had a separate promotion list all during can possibly be made. Heretofore, mem­ quickly as possible, but that_is as far as the last war? bers of review boards have found that we can go. If we say that if he is not Mr. KILDAY. During the war nobody they were too restricted in the things tried within the period of 3 months, 5 had a promotion -list, I may say to the which they could review on a court mar­ months, or 6 months he is to be released, gentleman from New· York. Promotions tial when it came to them. It was our there would, of course, be instances in were made by reason of the necessity purpose to open it up as wide as it pos­ which men palpably guilty would go free for service in a higher rank. A promo­ sibly could be opened so that they could without any punishment. -tion list as such has not been operative pass upon the weight of the evidence, the Mr. KEARNEY. ML Chairman, will for practical purposes since about 1940 credibility of witnesses, the legal suffi­ the gentleman yield? or-1941. ciency of the evidence, and the legal Mr .. KILDAY. I yield. Mr. KEATING. When the gentleman technicalities in the whole record. In · Mr. KEARNEY. Along the lines of spoke of the promotion list, he means the other words, that there would be a true what the gentleman is now saying, that and actual review and that there would is purely an administrative matter, is it Regular Army promotion list? Mr. KILDAY. That is correct. be no technical rules to prevent the re­ not? view board and the Judge Advocate from Mr. KILDAY. It is purely a matter of The CHAIRMAN. The time of the administration. The same· situation ex.:.. gentleman from Texas has expired. g~ng into the whole case. . ists in our civil courts here. You will Mr. KILDAY. Mr. Chairman, since Mr. BURLESON. May I ask this fur­ find in some jurisdictions and some we have gotten into that question, I yield ther question, knowing the gentleman's courts and, I am sorry to say, even in myself five additional minutes. ·experience and qualifications, he having some Federal courts, advocates sitting on Of course, up until the last day of the been a district attorney and also experi­ the bench who do not have the sense of first session of the Eightieth Congress enced in civil matters, if he believes that justice and the judicial temperament promotions in the _Army and Air Corps under this bill a ·boy charged with an that men ought to have to hold that po- were made· by reasons of years of service offense before a court-martial board has to a very great degree the same oppor­ . sition. You w~ll find the same thing in grade. Prior to that they were made existing with reference to prosecuting on the basis ·of a vacancy in the next tanity to defend himself as is given the officers and investigative officers. higher grade. On the day we adjourned common criminal in most of the State · Mr. KEARNEY. Mr. Chairman, will the first session of the Eightieth Con­ jurisdictions of this country? the gentleman yield? · gress we passed a new promotion bill Mr. KILDAY. I believe the bill, as Mr. KILDAY. I yield. under which promotions will be made in written, and in connection with the other Mr. KEARNEY. As a matter of fact, a different maimer in the future. They Articles of War and laws controlling the the inclusion of any such provision in will be both selective and based on years procedure, does give him that oppor­ this proposed bill would work harm to of service in grade. tunity. Again I must say that no law the individual who was being tried, would When we refer now to the Judge Ad­ can control the conduct of officers dis­ it not? vocate General's Corps set up in this bill, charging their official duty. There is Mr. KILDAY. Very definitely so. I we refer to permanent promotions within no means by which yo11 can control their myself have tried a few criminal cases the Judge Advocate General's Corps, not administration. As written, the boy on both sides of the table. When I was temporary promotions or temporary rank would have the presumption of innocence on the defense side I never was very held during the war or durin~ the na­ and all of his constitutional rights pro­ anxious for a prompt trial. That is one tional emergency, but to permanent rank tected the same as any civilian in the constitutional right that I think is rarely that those officers will secure and be most carefully operated court. Whether sought by a defendant. There is no entitled to retain until retired or pro­ there would be instances in which there better lawyer or witness in a criminal moted to a higher grade. would be men who would not so adminis­ case than thu lapse of time when a man Mr. KEATING. Do I understand there ter the law, of course, I do not doubt, but is charged with a criminal offense. is no such separate promotion list for that is not caused by the bill that has I believe that all in all we have made any other branch of the Army? · been written or by the Articles of War a reasonable approach to this proposi­ Mr. KILDAY. There is a separate pro­ now in effect. It would be due to human tion and we have brought here a bill motion list under the new bill for doctors, frailty in the administration of the law. which will eliminate those things which dentists, chaplains, and nurses. Of The CHAIRMAN. The time of the are substantially objectionable in the course, the nurses are very limited in gentleman from Texas lias again expired. operation of our system of·military jus­ th-eir length of service. They do not Mr. ELSTON. Mr. Chairman, I yield tice. I hope you will take time to read serve as long as the male members of 2 minutes to the gentleman from Idaho at least part of the hearings because I the service. [Mr. GOFF]. 1948 CONGRESSIONAL RECORD-HOUSE 163 Mr. GOFF. Mr. Chairman, because of bill to you, I think, with a master's voice, The peculiar thing about this is that an affair to be held in New York this and he was ably assisted · by my good whenever there is a case contemplating evening, I am asking permission to speak friend over here, the gentleman from the tainting of a man's reputation for­ out of order and invite your attention to Texas [Mr. KILDAY] who likewise has ever, for instance, in a court martial an unfortunate situation. I come from made a great contribution. What I shall where he can be kicked out of the Army, Idaho, where we are very much inter­ say will naturally be somewhat repeti­ whenever such a thing as that occurs and ested in winter sports. We have one of tious of what they have said. Conse­ that commanding officer approves that the finest winter sport centers in the quently I will just address myself to the court martial :finding-of course, if he world at Sun Valley. above two phases. changes it the man is free, but the min­ Many people throughout the country Let me begin by saying that every ute it goes out, and it has to go out, he have been shocked to learn that the Member of this House, during the war cannot stop it if he wants to enforce the United States has sent an Olympic team years, has been deluged with complaints punishment, the hand of the Chief of to Europe to compete against teams from of autocracy in the handling of these Staff is forever taken off and the Judge some 20 other nations, with the United conrts martial throughout the Armed Advocate General then is the sole judge States team inadequately financed. And Forces. Everybody has had complaints, of the facts in the case. He is the sole the question is, Why has this happened? and they were just complaints. So much judge in any trial where some innocent There are some 50 young men and so did these things come to pass that the young man. as he thinks, may have his women, our finest athletes, in Switzer­ American Bar Association and the former reputation forever and forever tainted land now. Our Olympic teams always Secretary of War convened the Vander­ because of some miscarriage of judg­ are backed by voluntary subscription, bilt Comm~ttee. The American Legion, ment, as he saw it. In this case, only about half the neces­ the AVC, the Amvets, the VFW, and the I want to ten you a story General sary funds were raised. Tbese young New York County Bar Association and Bradley told me. I went to Europe with men and women carry the American :flag, every legaJ organization of any real in­ him this summer. He said the Russians in fact even wear it on their uniforms. :fluence in this Nation has been clamor­ were coming over to the American occu­ In a way they are our ambassadors. · They ing, along with the American people, for pation zone and raping the German girls are our representatives in international a change in the situation. We· had to time and time again, and they had many, competition, and we are proud of them. make a change, and here it is today. It many complaints, and there was a very We not only want them to win if they may be imperfect, but we labored hard, serious situation. He said they would can, but, above all, we want them to make and we hope we did not bring forth a arrest these Russians and send them a good impression. How can they do mouse; at least, we do not think we did. Certain1y, we tried not to. We brought back to the Russian zone, and nothing this if they are in Europe with inade- happened. In this particular instance, quate finances? • this measure out in the face of the oppo­ sition of the Secretary of War and Gen­ he arrested a half dozen of them. I do Certainly this is something of a na­ not recall the number and I do not care, tional oversight. eral Eisenhower. We had more opposi­ tion than ever did a committee which because the only good Russian I know at All this is causing much comment both present is a dead Russian. So he sent over the air and in the press. ·I hope the finally succeeded. They brought the most glamorous gentleman dawn there, this group back over there and along with difficulty can be quickly overcome. A it he told the commanding general, few enthusiasts are trying to remedy the one of the ablest speakers I ever saw, and he could not prevail on us. The facts "These boys are committing all kinds of matter by holding an emergency benefit terrible offenses in our zone. I do not in New York at Carnegie Hall this Thurs­ were on our side, and we bad to do something. Of course, we started oft on like it." .The Russian said, "I don't day afternoon which should be helpful. either. Take them out and shoot them." Mr. KILDAY. Mr. Chairman, I yield the right side. That is the reason this bill is here today. But that is not the way we do in our 7 minutes to the gentleman from South Army. Every American boy in this Army Carolina [Mr. RIVERS]. I want to impress these things on you. First, as to the interlocutory power of is somebody-'s ~on, a legitimate son. some­ Mr; FULTON. Mr. Chairman, will the body's loved one, somebody's husband, gentleman yield? the law member. He passes on the ad­ missibility of evidence. That is a very somebody's sweetheart. We want him Mr. RIVERS. For a question. important tbing. There are many good protected by the constitutional guaran­ ·Mr. FULTON. This is in the nature of lawyers in this body. That law member ties. We are trying to do it under tbis a parliamentary inquiry. I have' said tells you what is admissible. Heretofore, bill. that I am opposed to this bill, and I have when a court martial was convened, if He is not a mere automaton or the been hearing nothing from both sides but the man were guilty in the eyes of the property of the state. We think he is a the ones who are for it. How does the commanding officer they did not have a human being and this bill protects him time now stand between the ones who are court martial, and woe be unto those who when charges are made against his char­ for it and the ones who are against it? did let that boy get off. They got a acter and reputation. That is the .Amer­ How much time has been taken by the whipping of the tongue and they caught ican way because after all when he serves ones for it, and when do the ones against the works. A member of our committee, in the Army, he is serving a heritage and it get a chance? the gentleman from Oregon [Mr. NoR­ The CHAIRMAN. The time has been we believe this fulfills that basic Ameri­ BLADl was one of the law officers 1n the equally divided between the majority and can heritage. Air Corps. He said whenever they Before I do close, I want to ask you all the minority, and it is the Chair's under­ acquitted somebody the law members standing that the gentleman from Ohio to read page 4, which will give you a took a severe tongue lashing from the pretty fair conception of what this bill [Mr. ELSTON], chairman of the commit­ commanding officer. Those are the tee, has an understanding with the rank­ does. It is very clearly outlined there, things with which we were confronted. and we feel that that will give you a ing minority member, the gentleman Heretofore, when the court was convened from Texas [Mr. KILDAY], as to recogni­ really fair conception of what we have the accused were deemed guilty. They endeavored to do to protect the guaran­ tion. were not guilty without trial, they were Mr. FULTON. How much time has tees about which I have just spoken. guilty. So remember that. The CHAIRMAN. The time of the been used in this period, may I ask? There is another thing I want to im­ The CHAIRMAN. The gentleman gentleman from South Carolina has press on you. We have separated the expired. from Ohio [Mr. ELsTON] has 24 minutes Judge Advocate General from the hier­ remaining and the gentleman from archy, the Chief of Stat!, whatever you Mr. ELSTON. Mr. Chairman, I yield Texas [Mr. KILDAY] has 40 minutes re­ want to call it, of the Army. He has an 10 minutes to the gentleman from Cali­ maining. independent organization now. With the fornia [Mr. JOHNSON}. The gentleman from South Carolina exception of the promotion, he is like any Mr. JOHNSON of California. Mr. [Mr. RIVERS] is recognized. other organization of the Armed Forces; Chairman, I am sure I can add but little Mr. RIVERS. Mr. Chairman and gen­ he is independent. The law officers are to what has already been stated here. tlemen of the Committee, I shall address like the men in the Department of Jus­ It was my pleasure to bave served With a myself to two phases of this bill. With tice; they are trained. They have to be subcommittee during the Seventy-ninth usual clarity my distinguished chairman, trained before they can hold these jobs. Congress, in which we reviewed the mat­ the gentleman from Ohio [Mr. ELSTON] You do not have the case of a man not ter of court-martial procedure, and pos­ has very, very ex~licitly explained this · knowing law trying these cases. sible changes required to administer 164 CONGRESSIONAL RECORD-HOUSE JANUARY 14 justice more equitably by the military al's office, they said nothing could be Mr. JOHNSON of California. I yield. courts. done. They said the sentence was a fair Mr. BURLESON. The gentleman has · We again took that matter up in this one and the man would have to serve it said that at all times the administra­ Congress following a few bad experiences out. tion of court martial was handed out that we had in courts martial·during the Mr. JOHNSON of California. I think by military men. That is true. I am recent World War. I am one of those the gentleman should not generalize wondering if this bill does not further im­ who believes that substantial justice was from one case that goes wrong. We have plement that authority. On page 45, administered by the courts-martial sys­ had some terrible abortions in the crim­ secti0n 47, it requires that Regular Army tem as it has existed up to the present inal law of the civil courts as well. officers be permanently appointed by the time. There were not a great many What I VJant to impress upon you is President to the Judge Advocate Gen­ cases, in proportion to the total number that we have put into the law the funda­ eral's court. I do not know. West Point of cases, in which there was a miscar­ mental American principle that the may have a very good law school. I riage of justice. courts must be independent. As the gen­ never heard of it. They may realize that There are, .in my opinion, some serious tleman from Texas [Mr. KILDAY] said, some civilians had something to do with fundamental defects in the administra­ no matter how good the technique may this last war and that they may have tion of military justice because of the be on the law books, unless we have something to say in court-mar.tial pro­ mechanics through which this admin­ men with understanding, learning, abil­ ity, and courage on the courts, we will cedures from here on. istration is carried out. One of those, Mr. JOHNSON of California. If you and the major one in my opinion, is the not get the best administration of jus­ tice. I believe the set-up we have here will read the entire bill, you will find that fact that the military courts were not the Judge Advocate and the defense independent in the sense that civil courts is fundamentally sound and in accord with American traditions and American counsel must be lawyers. Heretofore are independent. The very man who they may have been laymen. The ad­ appointed the members courts martial concepts, and in that respect is better than we had before. Therefore, I be- · ministration of justice, in my opinion, is was the one who had to review and pass just as technical as practicing medicine. on the efficiency record of the members lieve we will get better results. Mr. KEARNEY. Mr. Chairman, will We want to get men who know how to of the court he appointed and into the handle the tools and who know some­ efficiency record of such a member could the gentleman yield? Mr. JOHNSON of California. I yield. thing about the specific technical field go the bias and the prejudice and even they are covering. That is what this bill the misunderstanding of the appointing Mr. KEARNEY. I agree with the gen­ tleman from Minnesota [Mr. O'HARA] is designed to do. It is patterned ex­ officer of what a courts-martial member actly after the American system of jus­ should do. I know something about the prosecution of criminal cases, having been district tice; where you have trained men on the Mr. O'HARA. Mr. Chairman, will the bench who e.re independent and juries gentleman yield? · attorney of my county for a great many years. There is no comparison, as far who are advised by a jurist. After sit­ Mr. JOHNSON of California. I yield. as severity is concerned, in the sentences ting through long hearings on two sub­ Mr. O'HARA. May I preface my re­ committees, I was impressed by the fact handed out by courts martial and those that this bill and a previous one follows marks by stating that I happen to have in civilian life for the same offenses. I served with a general courts martial dur­ straight through the system we have had do not think this bill will change that. for 175 years in America, of getting in­ ing World War I. My observation of It still deals with the human element of some of the courts-martial sentences dependent judges, and having full and the individual who is on the court. free hearings, and according to the ac­ handed out during the recent war has Mr. JOHNSON of California. I think left me shocked and amazed by reason cused every single possible right that a this will change it in this way: We have civilian has accorded to him. of their severity when compared to sen­ men who are trained in the law and they tences handed down by civilian courts. We were convinced that we were right will be much more judicial in their at­ when an eminent committee of the In one particular case which was called tude than men who are not trained in to my attention, a boy from my district American Bar Association, after a pro­ the law. Many men on courts martial longed, dispassionate, and independent was given 3 years for an offense which are military men, and they look on a study of the matter, recommended prac­ probably in civilian life would have re­ court martial not as a court of justice tically the very identical things which sulted in a sentence of from 10 to 30 but as the disciplinary part of the Army. we have in this bill. Our committee, I days. Perhaps that is not the fault of Mr. KEATING. Mr . . Chairman, will think, was very tolerant. The gentie­ the courts-martial system. But I do say the gentleman yield? man from Texas [Mr. KILDAY], whom I that if the Army does not do a better Mr. JOHNSON of California. I yield. admire tremendously, wanted a few job than they have done in some of these Mr. KEATING. It seems to me it changes in the bill~ but the committee cases, the Congress is going to have to ·should be said, in all fairness, although decided they were perhaps unwise, or at rewrite the penalty sections a little more I have experienced exactly what the gen­ least that they would rather have the stringently than they have been written tleman from New York [Mr. KEARNEY], bill in the form in which it is now before in this bill. and the gentleman from Minnesota us; but I am sure the Members all no·­ Mr. JOHNSON of California. I agree [Mr. O'HARA] have experienced, of what ticed l;low the gentleman from Texas to­ with the gentleman that there were some seemed to be severe penalties. Yet, of day made a very fine lawyerlil{e argu­ very severe sentences for minor offenses. course, sometimes it was the fault of ment for this bill. If the gentleman had pursued those cases, the present court-martial law itself. I believe we will more definitely ap­ he would have found that in 98 percent For instance, take this change which you proximate 100 percent justice under the or more of the cases the sentences were are making in the law relating to rape. mechanism and the plan we have set out greatly reduced~ Some of these officers I defended an officer who was charged in this bill than we have had before or seemed to have the idea that to show with rape and who was convicted and could have under any other type of bill. their authority and to render strict jus­ Practically every Judge Advocate who sentenced, because he had to be. He had experience in this last w'ar favors tice, they have to throw the whole book either had to lte hanged or imprisoned at the man. I think they should decide this bill. If I have talked to one, I have for life. He was imprisoned for life, but talked to dozens, and perhaps hundreds, at the beginning what would be a fair the commanding general cut it down to punishment and not rely on some other but have not found one who was not 7 years, and I understand that later, heartily in favor of this bill. One point body or individual, hoping that they after 2 years, he was restored to service they all stress is that we must make the would reduce the punishment. so that he could work out a discharge. Judge Advocate's department an inde­ Mr. O'HARA. . In the particular case So I think there are two sides to that pendent department and have the court to which I have referred the offense for question. free from the domination, if you please, which the man was convicted was that Mr. JOHNSON of California. Yes. I or the influence, of line officers. They he was a. w. o. 1. for something like 30 think you will find fewer of these exces­ must be a separate, independent corps minutes. Instead of the man being given sive sentences if you have trained law­ where a man's main duty is to carry out 10 days or 30 days in the brig, or some­ yers on the courts martial and you have the duty of sitting as the judge or acting thing of the kind, the final result was defense counsel who are lawyers. That . as counsel and doing those little jobs that the man got 3 years and was dis­ was one of the weaknesses heretofore. which only a lawyer can do. honorably discharged. When I took that Mr. BURLESON. Mr. Chairman, .will The CHAIRMAN. The time of the case up with the Judge Advocate Gener- the gentleman yield? · gentleman from California has expired. 1948 CONGRESSIONAL RECORD-HOUSE 165 Mr. KILDAY. Mr. Chairman, I yield question that discipline must be pre­ ·The CHAIRMAN. The time of the 5 minutes to the gentleman from North served in our armed services. Disci­ gentleman from North Carolina has Carolina [Mr. DURHAM]. pline, however, must not be made as a again expired. Mr. DURHAM. Mr. Chairman, I take cloak to cover arbitrariness and injustice. Mr. KILDAY. Mr. Chairman, I yield this time to review somewhat the his­ Discipline is sound only when those who such time as he may desire to the gentle­ tory of this legislation and also to com­ are subject to it know that it will be fair, man from Tennessee [Mr. EVINS]. plim-ent the present committee which that the accused will have his side prop­ Mr. EVINS. Mr. Chairman, I rise in b1·ought this bill before us for considera­ erly presented, that punishments im­ support of the pending measure and tion at the present time. They have posed will be equal, that those who are also should like to take advantage of this done an excellent job in my opinion. In not guilty will not be treated as if . they opportunity to commend and congratu­ the beginning of the Seventy-ninth Con­ were guilty. late the members of the Subcommittee gress in 1945 this House adopted House It is a matter of record that the injus­ and the Committe~ on Armed Services of Resolution 20 which placed authority in tices that have already been spoken of the House of Representatives for bring­ the hands of the old Military Affairs were evident in all the hearings held by ing forth this measure for consideration Committee to investigate the war effort our subcommittee. Some of the legal and passage ~ I have carefully studied and other matters. Immediately there­ technicalities of this bill, and it is a this bill, the report thereon, including after this committee was set up. At that very technical matter, I personally am much of the testimony taken at the hear­ time l was serving as chairman. The not qualified to talk about becaus-e I am ings, as well as reports of special commit­ gentleman from Ohio [Mr. ELSTON] also not a trained lawyer. The Armed Serv­ tees concerned with and interested in was a member of the committee, as were ices Committee and the chairman of that this legislation. The bill .as reported con­ the gentleman from Mississippi [Mr. committee were very wise in selecting and tains numerous improvements over the WINSTEAD], and the gentleman from Cal­ placing on the committee a number of present system of military justice and ifornia [Mr. JOHNSON]. We became a trained lawyers who brought to you what provides needed safeguards looking to­ kind of clearing house for the complaints I feel, as I said before, is a very excellent ward insuring and protectin::; the rights of Members of Congress as to what was improvement in our Articles of War. of soldiers in our armed forces who are happening under our system of military Mr. JOHNSON of California. Mr. subject to a system of law and judicial j,ustice. I suppose something like two or Chairman, will the gentleman yield? procedure different from that in civilian three thousand cases were reviewed by Mr. DURHAM. I yield to the gentle­ life. this subcommittee. The gentleman from . ma,n from California. The historical and accepted purpose Ohio [Mr. ELSTON] at that time was serv­ Mr. JOHNSON of California. The of our courts-martial·system is to main­ ing on the subcommittee. Hearing after gentleman says he is not technically tain discipline in the service and to ad­ hearing was held with the War Depart.. qualified to pass on this bill. I may say minister justice within the Army. The ment and eventually the War Depart­ that in 1946 he was wise enough to rea­ procedure, needless to say, is uniq_ue and ment set up the review boards. Expe­ lize that we had to haye an independent different from our system of law en­ rience showed that something was wrong, system of justice. As chairman of the forced in our civil courts. The system for the review boards' reduction of sen­ previous committee he recognized that has many worth-while features, which in tence.s ran something like 70 to 85 p:er­ fact very promptly. the main, serves its dual purposes, but cent. Also, about that time the War Mr. DURHAM, Well. after studying which nevertheless is far from perfect. Department began to take this matter the whole matter for 4 or 5 years I feel The entire system should not be con­ very seriously and asked the American that most of our trouble stemmed from demned, neither should the evils known Bar Association to study this problem this pL"oblem. As to whether or nat it to exist be condoned. The good should and make recommendations. They did. will correct all of the, trouble, I am not in be retained and the bad features elim­ Tnose recommendations were brought position to say. I believe, however, that inated with improvements substituted before the committee and in the first ses­ we have placed this matter n<;>w in the therefor. There are doubtless many sion of the Eightieth Congress I intro­ hands of trained personnel if this meas­ minor matters which can be corrected duced a bill, H. R. 576. ure is adopted. I think we recognize administratively and concerning which The present committee headed by the that in this bill. the Judge Advocate General of the Army gentleman from Ohio [Mr. ELSTON] in The CHAIRMAN. The time of the and officers in his department are fully my opinion has taken most of the com­ gentleman from North Carolina has ex­ cognizant. Much praise has been given plaints and abuses that came out of the pired. and rightly so to leaders of our Army for hearings before the American Bar As­ Mr. KILDAY. Mr. Chairman, I yield the great successes and victories which, sociation-the hearings, the extensive the gentleman three additional minutes. through their leadership, they helped to hearings which number thousands of Mr. DURHAM. Mi'. Chairman, it is achieve for our country. But in the pages, which still are to be obtained from almost necessary to have trained lawyers achieving of these victories mistakes and the Armed Services Committee today­ to handle this proWem. In many cases errors were made. Some mistakes and where an individual was brought be.fore errors were to be expected, but we should and have brought to you what I believe court-martial hearing the person who to be an improvement in the Articles of ·a profit by our mistakes and try to see that acted as counsel in the defense of the they do not occur again. We must make War system for the armed services. man was not a trained lawyer, but was The American people are proud of improvements wherever possible. Such in s~me other profession and had no legal a situation applies especially with respect their Army. They realize its stupendous training. There are many instances of achievements in. the recent war. They to our archaic and outmoded system of that kind of .record. I feel this will to military justice in the Army. know that it was a small Army and, in some extent cure the abuses. many respects, unprepared for the great Of course, there are other problems Mr. Chairman, the purpqse of the bill struggle,· not through its own fault but connected with the services also. This before the House today is to amend the because of the blindness of the Nation to bill does not go into the judicial system Articles of War and to improve our sys.­ the world situation that was developing. of the Navy. I am hopeful a continua­ tem of military justice in the Army. They w~tched our little Army expand tion of this subcommittee will study the Much has been written on this subject, ·into a force of many millions with an problem and bring to the House legisla':' and much has alre.ady been said, con­ amazing absence . of confusion and un­ tion that will cure some of our problems cerning the need for improvement of certainty. They saw it adjust itself to which today we face in the Navy. I am military justice in our armed forces. unprecedented conditions and win vic­ satisfied they will do that because at the This fact has been clearly demonstrated toriet!. They observed that where present time we are in a different posi­ during the late war. Almost everyone changes were needed there was in most tion from what we were in the early days agrees that there is a real need for ef­ respects a remarkable readiness to dis­ when the old Military Affairs Committee fecting improvements both by legislation card the traditional for the sake of meet­ and the Naval Affairs Committee han­ and through administration. During ing new exigencies effectively. dled these problems separately. We can World War II approximately 11,000,000 It has not failed to be noted, however, now get the facts and bring them to­ men saw service in the United States that this adjustability has not extended gether in closer connection so that it will Army, and of that number approxi­ to military justice. In that field no im­ be far better administration of justice mately 80,000 were brought to trial and provements were made. There is no than it has been heretofore. convicted by our Army courts martial. 166 CONGRESSIONAL RECORD-I-IOUSE JANUARY 14 A far larger number than this were con­ this principle, namely, that if .real justice larger than that maintained before the last victed by special and lower military is to be obtained in connection with the war. The future army will be composed of the young men of our country. The first courts. Even before the cessation ' of trial of an accused that officials charged contact with any judicial system for the hostilities it was apparent to officials of with reviewing the case should be 'inde- · overwhelming· majority of these young men the War Department and to Members of pendent and free to exercise their judg­ will be their experience with the system of Congress, and others, that a detailed ment without restraint and control from military justice in the Army. study of the system of Army justice was the commander in the field who ap­ needed. Accordingly, during 1944 and pointed the court, and prosecutor, and We, as Members of the Congress, would 1945, the War Department secured the referred the case for trial. In other be derelict in our duty if we fail to pro­ services of Col. Philip McCook, former words, the principal question boils down vide the necessary legislation to insure prominent New York jurist, to visit vari­ to this fact-Should the field command­ that the rights of these young men are ous theaters of op·eration and to con­ er be within himself both the prosecutor, insured and protected. We should see duct studies of our system of military judge, and jury or should there ne a sepa­ to it that the system of military law · justice in operation. As · a soldier and · ration of functions of prosecution and to which they are exposed is designed to member of the staff of the Assistant judicial review? The report of the Com­ achieve and promote justice. The sys­ Judge Advocate General in the Euro­ mittee on Armed Services submitted in tem presently in effect has demonstrated pean Theater of Operations during the connection with this bill goes into detail in many instances that justice has not recent war, I had occasion to meet in supporting the latter view, that there always been insured and human rights Judge McCook and to know something should be a separation of functions to in­ have not always been protected. This of his work, and also to have had an sure justice. The Committee effectively bill goes far toward improving this con­ opportunity for first-hand observation has answered all arguments advanced in dition-there is more good than evil in and experience in the workings of our favor of retaining complete control over the measure. It is designed to bring system of military justice. Like others, the handling of a case by a single com­ about safeguards and protection of the I saw the great need for effecting its mand. In this connection, the report of rights of men in the service, to strength­ improvement. Shortly after the end of the committee states that- en our military law, and to insure that hos ~ilities, the American Bar Associa­ these rights are guaranteed and pre­ There is unanimous agreement that com­ served. I do not pose as an expert on the tion recommended to the War Depart­ mand influence has been improper and must ment that our system of military justice be stopped. subject of military justice. Certainly a be overhauled and improved. detailed discussion of the technical as­ Accordingly, the Secretary of War ap­ Thus, if improvement is to be effected; pects of the bill at this point is unneces­ pointed an advisory committee on mili­ there must be a separation and divorce­ sary. However, I do wish to summarize tary justice for the purpose of studying ment of authority so that the Command­ and set forth the main accomplishments this problem and presenting recommen­ er in the field . may not serve as prose­ which the enactment of this bill pro­ dations. This committee consisted of cutor, judge and jury and maintain com­ vides: outstanding lawyers and jurists through­ plete control over the military trial and First. Enlisted men have been author­ out the country and they engaged in review of the record of trial of an ac­ ized to sit as members of our Army studies, investigations, and hearings and cused soldier. The committee has there­ courts, thus insuring that enlisted men availed themselves of · voluminous sta­ fore recommended, and in my opinion may serve upon ::t court when an en-· tistical data within the Judge Advocate properly so, the establishment of a sep­ listed man is tried, thereby making our General's Department and other sources arate Judge Advocate General's Corps to military courts more democratic in com­ concerning the operation of our military continue as a part of the military estab­ position. courts. Following the holding of hear­ lishment along the lines of the Medical · Second. It subjects officers to trial by ings and receipt of information from Corps of the Army but with separate and special courts martial. questionnaires and after exhaustive independent functions of review to in­ Third. It prohibits the unlawful in­ study, this committee filed its report sure justice in our system of military fluence of courts martial or of the mem­ recommending changes and needed im­ courts. In opposing this recommenda­ bers thereof. provements. It was obvious to the ad­ tion, certain high ranking military lead­ Fourth. Warrant officers are author;. visory committee after the hearing of ers have stressed the necessity 'for pre­ ized to sit as members of a courts mar­ many witnesses that there was great serving discipline in the Army. Certain­ tial. need for providing of safeguards to in­ ly there is a need for maintaining dis­ Fifth. An accused, if he so desires, may sure that men called into the military cipline in the Army. However, in the have counsel at the pretrial investigation. service of our country should have their administration of military justice, there Sixth. Authority to grant a bad­ rights protected. is a point beyond which the considera­ conduct discharge has been granted to In addition, there have been many de­ tion of justice becomes paramount to dis­ general and special courts martial. tailed recommendations made and which cipline. Under this bill, line command­ Seventh. The review and appellate have been carefully studied by the Com­ ers have abundant authority to enforce provisions have· been strengthened. mittee on Armed Services of the House. discipline as such Commanders have the Eighth. A lesser punishment than The one principal question which goes authority to refer charges for trial, to death or life imprisonment for murder to the heart of the whole problem, how­ name the members and convene the or rape has been provided. ever, is whether military justice is to court, to appoint the trial judge advo- · Ninth. The authority of commanding remain essentially military or whether cate, the law member and the defense officers under the one hundred and it is to be essentially justice administered counsel, and after trial to review the fourth article of war has been ·in­ within the Military Establishment; original record and to approve or disap­ creased so far as it pertains to officers whether there is to be a separation of prove, in whole or in part, the sentence. but not to enlisted men. command and judicial functions in our Certainly this is ample authority for Tenth. A separate Judge Advocate · system of Army courts. The eminent the commander to have in connection General's Corps has been established for committee of the American Bar Associa­ with maintaining discipline within his the purposes above indicated, namely, of tion is of the opinion that the right of command. At the conclusion of the trial, insuring independent exercise of judi­ command to control the prosecution however, it is proposed that the Juqge cial judgment and discretion in arriving should be retained only, through the ·Advocate General's Department, acting at decisions affecting the rights of our right to name the trial counsel to prose­ independently, shall serve as the appel­ men in the armed forces. · cute the case, to refer charges for trial late reviewing authority to set aside any Mr. Chairman, in addition to the and to review the case thereafter, and errors of law, to weigh the evidence, and establishment of an independent Judge that the Judge Advocate General's De­ to judicially and impartially determine Advocate General's Corps for the pur­ partment should become an independent the guilt or innocence of the accused, poses indicated, I wish to · especially branch of the Army with appellate re­ based upon the record of trial. The point out two or three other features of viewing authority independent of the committee has well pointed out in its the bill which I consider meritorious, command. report: namely, that provision providing for en­ The subcommittee of the Committee We are now either on the threshold of listed men to sit as members of Army on Armed Services ·and the full Commit­ universal military training or of the main­ courts martial; the mandatory pro­ tee on Armed Services have agreed with tenance of a professional army many times vision that the appointing authority 1948 CONGRESSIONAL RECORD-HOUSE 167 shall detail as law member of the court tration of military justice must have suf­ ultimately the President of the United an officer of the Judge Advocate Gen­ ficient freedom of judicial determination States, who, of course, is the Commander eral's Department. This provision will to meet their responsibility. There have in Chief of our armed forces. Adoption serve to insure that a trained and ex­ been many cases in which our Army of this measure is therefore urged by the perienced and capable law member, who courts have imposed lenient sentences Congress. . is familiar with the rules of law with re­ and thereafter the members of the court Mr. KILDAY. Mr. Chairman, I yield spect to the reception of evidence, shall have been reprimanded by their com­ 5 minutes to· the gentleman from Texas serve on our courts and thereby serve manding general and removed from the [Mr. BuRLESON]. in the capacity as a judge in courts­ courts. Orders have been handed down Mr. BURLESON. Mr. Chairman, I ex­ martial proceedings. in effect rcqui.fing that more excessive pect to vote for whatever bill comes out Another major improvement provided sentences be imposed. . of this committee, but I am not support­ in the bill is that section prohibiting I recall a specific instance in which a ing the bill. I would like to make that the unl~wful interference and influ­ lieutenant colonel who was a member of distinction. In other words, I assume encing of members of the court. This a general court in the European theater the attitude of the old gentleman who section provides that- informed me that the court of which he said that he was not as good as he should No authority appointing a general, special, was a member tried a soldier for an of­ be and he was not as good as he wants or summary court martial nor any other fense not too serious, following which the to be, but, thank God, he is better than commanding officer, Judge Advocate General, court imposed what, in its opinion, was he used to be. That is about the way or other officer shall censure, reprimand, or a just and fair sentence. The decision­ this bill is here. It certainly is an im­ admonish such court. or any member thereof, rather the sentence· imposed-did not provement, but it reminds me somewhat with .respect to the findings or sentence ad­ please the commanding general: As a of the Doolittle report. The Doolittle judged by the court, or with respect to any report was a public appeasement. It other exercise, of its or his judicial respon­ result a few days thereafter the court re­ sibility. Any person subject to military law ceived a reprimand-a ~ 'skin letter" as it did not go down to the fundamentals who attempts to coerce or unlawfully in­ is popularly referred to in the Army­ involved, and I think this bill here is fluence the action of a court martial or any from the commanding general criticizing somewhat of an appeasement measure. military court or commission, or any member the members of the court for their leni­ I am not criticizing the committee at thereof, in reaching the findings or sentence ency and stressing the importance of im­ all, because I join in l!Omplimenting you in any case, or the action of an appointing posing heavy sentences. After this rep­ upon having done something, but I think or reviewing or confirming authority with rimand a few days later another case was this is an Army bill; it is a military bill. respect to his judicial acts, shall be punished as a court martial may direct. tried by the same court which involved There will always be military bills when a minor offense, at least an offense of less the Army or the Navy has anything to do This is a most worth-while and needed gravity than the preceding one, and the with it. They are going to bring in those provision. As has been pointed out in court imposed a gross and excessive sen­ bills to make sure that they keep the au­ most of the hearings and from reports of tence. This la.ter action was, in the opin­ thority unto themselves. questionnaires sent to persons familiar ion of my informer, a direct result of the As my colleague an.i good friend, the with the operation of the system of the reprimand which the court had received gentleman from Texas, has said, the ad­ military juStice and who have observed from the commanding general. In the ministration of military justice has a and witnessed our military courts in first instance the members of the court great deal to do with the results, but the operation, most all agree that there have used their own judgment as to what con­ trouble here is that too much of it is been instances of improper influence ex­ stituted a just and fair sentence and they being administered by the military, and ercised by commanders upon the deci­ were criticized for their action. In the this bill furthers that perspective in ren­ sions and sentences of the courts. Un­ second instance an injustice resulted be­ dering decisions in matters dealing with der the present system a commander cause of the commanding general's dic­ the lives and the liberty of boys in serv­ exercising courts-martial jurisdiction tation to and control Of the court. This ice charged with an offense. I say, under names the members of his court from his situation illustrates the evil which should this bill, that a boy in military service command, and such persons appointed be corrected. All too often it has been charged with an offense does not have to serve on the court are subject to re­ cases· of this character that have brought the same right to defend himself as the moval at the discretion of the command- our system of military justice into dis­ most hardened and vicious criminals in ing general. Although the members of repute. most of the jurisdictions of our State the court are theoretically independent, The enactment of the pending measure courts. There is hardly a jurisdiction nevertheless, every member of an Army and the accomplishment of the objec­ that I know anything about-and I have courts martial knows that he was ap­ tives herein outlined will serve to protect given study to a number of them-which pointed by his commander and that if and insure the rights of accused soldiers does not extend the theory of reasonable his action is not in accordance with the and will also serve as a guidepost to those doubt, and juries are instructed that if commander's wishes that he may be officials charged with administering and they have a reasonable doubt as to the removed. enforcing our military laws, by indicat­ guilt" of the accused, the doubt shall be Aside from this-- fact there are other ing to them the views of the people of resolved in his favor. Such is not the considerations which either consciously our country that the men serving in our case in so-called military justice. or subconsciously enter into the minds armed .forces shall not be treated unjustly · Take, for instance, challenges to the of the members of the court in arriving at or tried by "kangeroo courts" or sub­ members of the court-martial board. their decision. The members want to do jected to "star chamber" proceedings, but There is a provision in here, of course, only what their commanding officer that American soldiers shall be treated as for challenges, but it is vague, indefinite, wishes in tlle way of rendering a sentence, human beings with their just rights pro­ and ineffective. That provision should and as they do not want to take any ac­ tected and preserved. The approval of be spelled out in understandable terms. tion which would jeopardize the possi­ this bill, which includes the proposal that Mr. MAcKINNON. Mr. Chairman, will bility of their own promotion or assign­ there be a total separation of appoint­ the gentleman yield? ment, they, therefore, often render a ing and reviewing authority, will go far Mr. BURLESON. I yield to the gen­ prejudiced or controlled decision, one in toward eliminating present evils in our tleman from Minnesota. line with what they know their com­ court-martial system and will serve to Mr. MAcKINNON. The statement mander wants, ·and their decisions are effect an improvement in the present that the gentleman has just made with often harsh and excessive and unjust. system of military law and justice. Al­ respect to reasonable doubt is exactly Many nfficers presently charged with though this measure may not contain all contrary to my understanding. the handling of our courts-martial sys­ the improvements needed, the bill goes Mr. BURLESON. That is the gentle- tem and as advisors to commanding far toward effecting genuine improve­ man's opinion. · generals in the field are Regular Army ments. Especially is this true with re­ Mr. MAcKINNON. I believe it to be·a officers, many of whom have families and spect to the expanded and improved ap­ fact that the doctrine of reasonable have chosen the Army as a career. They pellate review provided. Provision is doubt is applicable in military law. would, therefore, be less than human if made for full and adequate review Does the gentleman have any support they ignored the possibilities of the ·in­ through constituted channels within the for a contrary statement? . fi.uence of their commander. Those who Judge Advocate General's Department, Mr. BURLESON. The only support is are charged with the impartial adminis- the Office of the Secretary of War, and the bill itself. If you can read me any 168 CONGRESSIONAL RECORD-HOUSE JANUARY 14 place in here that it definitely directs the course, the military law is that a man is shame that it is not. This has gone on court-martial board to resolve a doubt in presumed to be innocent until his guilt is for too long now, and in the name of favor of the accused, I have not seen it. established by legal and competent evi­ decent justice, it should not be continued. Mr. MAcKINNON. That is part of the dence beyond a reasonable doubt, and Mr. ELSTON. Mr. Chairman; I yield fundamental law. It need not be re­ that the presumption shall remain with such time as he may desire to the gentle­ stated here as the Constitution of the him until overcome by legal ~nd com­ man from Missouri [Mr. REEVES]. United States contains such protection, petent evidence. It is as strongly a part Mr. REEVES. Mr. Chairman, I favor as I understand it. ·of the military law as it is of the civil the passage of H. R. 2575. To my knowl­ Mr. BURLESON. It is fundamental; law. edge it has the support of all of the serv­ definitely it is fundamental. It is also Mr. BURLESON. I think perhaps you ice organizations and opposition from fundamental that the theory of presump­ can find by reading between the lines­ none. The American Bar Association tion of innocence shall be given also, but at least one can who is on the defense has approved it, as have various civilian it is not in here and how can you pre­ side in a court-martial proceeding, and organizations. It is recognized as meet­ sume that every person who serves on I have been on both-some of those ing in part, at least, the objections which court martial to know the law under the things, and you might poir: ~ them out, developed during our experience in Constitution unless it is given to him in but I say that in court-martial proceed­ World War II with respect to the admin­ application. In all of the jurisdictions ings, it should ~e spelled out word for istration of military justice. in the State courts, the burden of proof, word to have a decent administration This measure, as amended, follows of course, is on the prosecution. of it, and in this bill it is not. closely the recommendations of the War Mr. MAcKINNON. But you do not find Mr. NORBLAD. If the gentleman Department Advisory Committee on Mil­ that in your State courts solely by virtue will yield, I have the entire data the itary Justice contained in its report dated of a statutory declaration. gentleman wants right here. If the December 13, 1946. This group is usu­ Mr. BURLESON. Oh, yes, you do. In gentleman will refer to the Manual of ally referred to as the Vanderbilt Com­ most jurisdictions it is so spelled out. Courts Martial, corrected to 1943, the mittee in tribute to its chairman, the dis­ That is just the point that I am making. latest one, beginning on page 62 he will tinguished Arthur T. Vanderbilt, a for­ We are leaving loose ends in here to be find two solid pages on the rule of rea­ me·r president of the American Bar As­ interpreted by men in military. Ordi­ sonable doubt. sociation and now dean of one of the narily they are not trained lawyers, and Mr. BURLESON. Yes, I have read great law colleges in the United States. in the case of this last war some have that from cover to cover many times. I The high caliber of the members of the recognized the fact that Reserve officers do not hold myself up to be an expert but committee is manifest. The following and other people had something to do I do know something about how it works comprised it: with winning the war beside the Regular in practical application. I have tried· it Mr. Arthur T. Vanderbilt, Newark, Army and the Navy. For instance, in on both sides. N. J., chairman. here it provides that no one shall serve Let me point out another matter, the Mr. Justice Alexander Holtzoff, Wash­ upon court-martial boards-"if practi­ concurrence ofthe court in finding guilty, ington, D. C., secretary. cal" it says-if they have had less than a boy charged with a crime. Only in Mr. Walter P. Armstrong, Memphis, 2 years of service. Where does that leave matters of a death sentence is it neces­ Tenn. the people who have just come into the sary that it be unanimous. Then it drops Hon. Frederick E. Crane, New York, service while the war has been going on? down to three-fourths when a bad con­ N.Y. It does not make sense to me. In fact, duct ~isch~rge is involved, and then it Mr. Joseph W. Henderson, Philadel- the people that have just come into the gets down to just a majority in some phia, Pa. service may know something about it, decisions. Mr. William T. Joyner. Raleigh, N. C. and they might .be able to render more Mr. KILDAY. I hope the gentleman Mr. Jacob M. Lashly, St. Louis, Mo. military justice than those of the Regu­ will correct the statement he has just United States Circuit Judge Morris A. lar Army or those who have already spent made. It requires two-thirds. Soper, Baltimore, Md. considerable time in the service. Mr. BURLESON. Is two-thirds the Mr. Floyd E. Thompson, Chicago, Ill. Mr. KEARNEY. Mr. Chairman, will minimum? It was the function of this commit­ the gentleman yield? Mr. KILDAY. That is right. tee, as prescribed by the Secretary of Mr. BURLESON. I yield to the gen­ Mr. BURLESON. However, it has War, to 'recommend "changes in existing tleman from New York. been a majority where it is a lesser of­ laws, regulations, and practices · which Mr. KEARNEY. I would like to in­ fense. Is not that correct? the committee considers necessary or form the gentleman that under the stat­ Mr. KILDAY. That is not my under­ appropriate to improve the administra­ utes of the State of New York the de­ standing. tion of military justice in the Army." fendant in a criminal action is presumed Mr. BURLESON. That is my under­ The excellence of the report of the to be innocent until proven guilty. standing, and I have read it. The real committee reflects the elaborate .care Mr. BURLESON. Of course, that is catch in the language providing for the with which it accomplished its work. By the very point. He shall be presumed to number for decision, are the words, a series of specific recommendations the be innocent until his guilt is established "those present." They should be "be committee undertook to provide correc­ by legal and competent evidence, and present" and no speculation about it. tive measures for what it called a dis­ you will find that situation to exist in I see no reason why that should not quieting absence of respect for the op­ most of the State jurisdictions. be unanimous, for that matter, upon a eration of our present system ofmilitary The CHAIRMAN. The time of the decision of the court-martial board. It justice. The results of its study and con­ gentleman from Texas has expired. is that way in criminal jurisdictions in clusions are substantially embodiec in Mr. KILDAY. Mr. Chairman, I yield the State courts. That is one of the H. R. 2575. It may not be a perfect bill, the gentleman two additional minutes. things I am talking about. · The boy and further changes may be indicated by Mr. Chairman, will the gentleman charged with crime does . not have the experience, but no one can deny that it yield? same right to defend himself as com­ represents a forthright and conscientious Mr. BURLESON. I yield to the gentle~ mon criminals in civilian life. effort to correct the deficiencies in and man from Texas. There is a provision also that the ac­ objections to our existing system of Mr. KILDAY. Of course, in our own cused shall have the right of peremptory military justice by implementing the State of Texas that is statutory. I believe challenge of members of a court-martial recommendations of the Vanderbilt com­ it is in all the 48 States. The gentleman board. It is not spelled out in this bill. mittee. I join with my colle2.gues in com­ is complaining that it is not contained When a J:>oy goes before a court-martial mending the Aimed Services Commit­ in H. R. 2575. I want to call attention board he is afraid he will antagonize tee and its subcommittee, headed by the to the fact that H. R. 2575 does 1 ~ ot con­ them if he says, "Have you a fixed opin­ gentleman from Ohio [Mr. ELSTON], stitute the Articles of War. H. R. 2575 ion in this case? Have you ever heard upon a hard task well done. amends certain of the Articles of War, the circumstances of this case discussed, I think the differences between the and the great body of the criminal law of and if so, do you have a fixed opinion, views of the War Department on the one the military remains as it has in the past. and will it take evidence to remove that hand and the views of the Vanderbilt It is only amended -in certain particulars opinion?" You know it is not in this committee and civilian groups generally in which it appears in H. R. 2575. Of bill, and it should be in here. It is a on the other may be explained by their 1948 CONGRESSIONAL RECORD-HOUSE 169 very different concepts .of the function discussion earlier by the chairman of the given the same jurisdiction as had for­ which justice should perform in the subcommittee, 'the military is primarily merly been possessed by the Congress iii Military Establishment. In the Army responsible for winning battles during a this respect. ·But what has happened? the emphasis is upon discipline, of which war and preparing to win battles in case The effect of these provisions of the Leg­ the system of military justice is largely of a potential war. This bill deals with islative Reorganization Act has been, in an instrumentality. The civilian con­ administe:rtng justice, with determining practice, to deny the veteran's right of cept is based upon the Anglo-American guilt or innocence, and punishment for appeal. By leaving the power .of review ideals of equal justice under the law, and violation of regulations, and so forth. at the discretion of the Secretaries of the the independence of the courts and ju­ I have taken this time primarily to Departments, Congress has, in effect, diciary. It is not easy to reconcile the ask the chairman of this committee asked the impossible. It has asked that differences between these two positions. whether or not any consideration was a fair and impartial review be granted by But it is clear that a fundamental re­ given during the course of considering the same judge who has previously quirement for any system of justice is an this question to the possibility of estab­ approved of the decision in the case. impartial court which is free from influ­ lishing a civilian review board of some The pre5ent state of the law vests final ence and any possibility of intimidation k.ind as a final board of review. jurisdiction entirely in the armed services or control. That requirement can be met Mr. ELSTON. There was some con­ and thereby breaks an historic precedent only by separating the administration of sideration given to the question, but the in the sequence of military appeal. This military justice from command control. committee decided against it. As a mat­ is a situation which I believe should be Until the _commanding officer no longer ter of fact, I think we had a bill before corrected at the earliest possible date. has the right to select judge, jury, prose­ us which provided for a review in the I called the attention of the House to cutor, and appellate tribunal, no court Federal courts of the United States of the a bill which I introduced last June, H. R. martial can be regarded as altogether court martial convictions. We felt it 4019, which would create a civilian board f:·eed from the ·suspicion and the possi­ best to leave the review in the hands of of final review of armed forces discharges bility of influence, however indirect it the Board, the judicial council set-up, and dismissals. I do not contend that might be. in the Judge Advocate General's depart­ the machinery provided for in H. R. The gist of this bill is found in its ment. 4019 'is perfect. But I believe that the treatment of that situation. It under­ Mr. BYRNES of Wisconsin. I thank subject matter of the bill should be given takes to separate military courts, so far the distinguished chairman. early consideration in order that some as practicable, from the chain of com­ Mr. JOHNSON of California. Mr. method may be provided whereby a final mand, by authorizing enlisted men to sit Chairman, will the gentleman yield? review of discharges and dismissals will as members of courts martial at the op­ Mr. BYRNES of Wisconsin. I yield. be obtained by a board, commission, or tion of the accused; by specifically pro­ Mr. JOHNSON of California. In 1946 court that is not under the influence of hibiting any attempt to influence a court we had a subcommittee consider the the military. martial or its members; by strengthen­ same matt.er very exhaustively. They Mr. ELSTON. Mr. Chairman, I yield ing review and appellate procedures; by have a somewhat similar pro.vision in to the gentleman from Pennsylvania prescribing professional qualifications England. After thinking it over care­ [Mr. FULTON] the remainder of my time. for the trial judge advocate and defense fully we decided to reject it in favor of Mr. FULTON. Mr. Chairman, I am counsel; by establishing a separate Judge the provision such as is contained in the one of these people who feel that the bill Advocate General's Corps with a sepa­ bill before us. does not go far enough, and that it can rate promotion list; and by other pro­ Mr. BYRNES of Wisconsin. I thank be improved over its present form by visions. the gentleman. I do think, however, and amendment and also by administrative It seems to me that this is the heart of I want to express my view, that at least order in the War Department. Of course, the bill, although there are other pro­ some type of civilian review should be in­ there are some things here that have to visions of importance which the distin­ corporated in the bill. I want to call the be written into law for protection and guished gentleman from Ohio has al­ attention of the House to what we did in there are other things that are details ready detailed. I believe that H. R. 2575, the Seventy-ninth Congress in connec­ which should be handled by administra­ as amended by the committee, will bring tion with the Legislative Reorganization tive order. The one thing that the bill the system of military justice into a more Act. Prior to the passage of that act and lacks, to me, is an emphasis on what consistent relationship with the funda­ its adoption as the rules of the House, might be called a bill of rights for the mental principles of American juris­ there was the possibility for correction of serviceman, which would protect him prudence, and will better adapt it to the a military record by a civilian group. and show 1;hat he bas affi:rmative protec­ needs of the citizen armies which com­ The Congress had that power. Final tions and will insure that he, after all, is prise the great bulk of our forces in times power to correct injustices in military to be tried as a citizen of the United of national peril. records was vested in the Congress. The States with certain inherent rights. I earnestly urge the House to consider Reorganization Act, in an attempt to re­ This bill and the courts-martial proce­ the measure carefully and to pass it by duce the legislative work load, banned dure seem to me to have come down a decisive vote. the introduction of private bills of this through the law in the traditional way; Mr. ELSTON. Mr. Chairman, I yield character. This prohibition is set forth the way a great many of the criminal 5 minutes to the gentleman from .wis­ in section 131 of Public Law 601 of the laws have come down to us in our States. consin [Mr. BYRNES]. Seventy-ninth Congress. That section That is, we emphasize the penalty, the Mr. BYRNES of Wisconsin. Mr. provides: confinement, and the severity of the pun­ Chairman, I find myself in substantial No private bill or resolution * • *, and ishment. agreement with many of the things the no amendment to any bill or resolution, au­ gentleman from Texas who spoke just a thorizing or directing. • * * (3) the cor­ My feeling is that we ought to look moment ago has said, but I do want to rection of a military or naval record, shall be toward the rehabilitation of the service­ compliment the subcommittee and the received or considered in either the Senate man, giving him hope that when his sen­ committee for attacking a problem that or the House of Representatives. tence has been served he can build him­ has been crying for attention for a long, As a substitute the act empowered the self up again so that he can be rest ored long time. I think the discussion here Secretaries of War, Navy, and Treasury, to active' duty, and by good conduct re­ has demonstrated the need for this at­ with respect to the Coast Guard, to move maybe this one blemish on his serv­ tention. I do not think a person can create boards of civilian officers or em­ ice. For example, many of us have been serve as a Member of Congress for very ployees of their respective departments, in the service and have seen men who long before there are called to his atten­ and through them to authorize the cor­ have been subject to strains so that when tion many evidences of injustice in the rection of any military or naval record they got out they got drunk and did some administration of military justice. where in their-the Secretary's-judg­ things they usually would not do. Then I am not one to condemn the military ment such action was necessary to cor­ when they come back in a general court and rave about outlandish actions of rect an error or to remove an injustice. martial is called, and they, having had a brass hats, and so forth. I have a very That authorization is contained in sec­ perfect record previously in civil life or high regard for these men. I think they tion 207 of Public Law 601, Seventy-ninth in the Army or Navy, find themselves do a.. splendid job and render noble Congress. In other words, the Secre­ with a dishonorable discharge that can­ service. But as was pointed out in the taries of the various departments were not be removed, and that affects them in 170 CONGRESSIONAL RECORD-HOUSE JANUARY 14 their economic life thereafter, and it pre­ Mr. KEATING. Mr. Chairman, will Mr. FULTON; I think with 2 hours vents them from ever being restored to the gentleman yield? allotted for the discussion of this bill that duty. It forever blemishes these men so Mr. FULTON. I yield. . for a Member opposed to the bill to be that they are always trying to get the Mr. KEATING. Is it not a fact that given 9 minutes plus 5, totaling 14, is not dishonorable discharge changed. You the Army has now established certain asking too much. Members know · that has taken place. rehabilitation centers where the very The CHAIRMAN. The gentleman You have had people of sterling char­ thing is being done that the gentleman from Pennsylvania has been allotted five acter, from fine families, come to you, is seeking. ·additional minutes and is recognized for saying, "This has been the one thing in Mr. FULTON. I may say to the gen­ five additional minutes. my life that has completely blighted me.'' tleman that I have talked to the Secre­ Mr. KILDAY. I suggest that the gen­ As Congressman from Pittsburgh, I have tary of Defense about such rehabilita­ tleman use the 5 minutes to speak on the had men from the first war come to me tion centers and will continue to make bill. It may then be that additional time and say, "Here, you are a new Congress­ suggestions for rehabilitation centers remains. man, perhaps you can think up some­ that can be used so that these men we Mr. FULTON. I thank the gentleman. thing that will remove this stain from are speaking of will not go right out of Mr. KEARNEY. Mr. Chairman, will my family, because I would give anything the Federal penitentiaries with the the gentleman yield? to get it removed.'' prison brands on them into civil life. Mr. FULTON. I yield. The emphasis should be on rehabilita­ Those rehabilitation training centers, Mr. KEARNEY. I . have been reliably tion and the taking away of the stigma however, should be distinct from the informed by the Army, and I know from of punishment after the penalty has been Army disciplinary training centers. Dis­ cases I have had in my own office that met. ciplinary training centers should be used not only youngsters who have been sen­ In many of our State courts and in for small offenders. tenced for a term of 5 years or under, many of our Federal courts, the people Mr. ELSTON. Mr. Chairman, will but in one instance I know of a term of are put through what is called a psycho­ the gentleman yield? 40 years, where the individual was sent logical clinic, where it ie necessary. Mr. FULTON. I yield. · to a disciplinary battalion and 18 months Many times those people do things when Mr. ELSTON . . Is the gentleman not thereafter was restored to full duty and they are probably in the condition of aware of the fact that of the 80,000 con­ upon the completion of his term of en­ the young fellow I saw in Italy this last victed of court-martial offenses, 33,000 listment was given an honorable dis­ summer. He would not talk to anybody. were restored to duty after being as­ charge. He would not look at anybody. He was signed to rehabilitation centers? Mr. FULTON. That is fine and I think confined in a barbed-wire enclosure, Mr. FULTON. I am very well aware that opportunity should be given every without shelter during the day, he had that a good start has been made but y~ur;tg man. He should have the choice nothing but a board to sleep on, with ·there is still quite a large problem re­ between finishing- his term in prison and two blankets, and no bed. He would not maining. I spoke of the total number of going to one of these Army rehabilita­ aiscuss anything with anybody. When people who had been sentenced by Army tion centers and not have it remain for we asked who he was and what he was, court martial, and I am pointing it out someone else to say who of the enlisted they said he was under some punish­ to show the size of the problem. As the men are to be given the opportunity to ment of 50 or 60 years; that he would gentleman from Ohio points out, a very make such choice. not cooperate. He evi.dently felt he good start has been made in this particu­ Mr. KEATING. Mr. Chairman, will never had a chance. So that he was just lar. I will have some amendments to the gentleman yield? going from one offense in this particular offer a little later under which a young Mr. FULTON. I yield. disciplinary training center to another, man sentenced for anything under 5 Mr. KEATING. I wish to add to what with the result that he stood no chance years as a minimum sentence may choose the gentleman from New York has said, of getting out. We Congressmen who an Army disciplinary training and re­ that I know of a similar case where a were on the trip insisted that he be habilitation center as the place to serve young man was given life as an original brought over to us and that he talk to his last year and that if he comes out sentence, but later was restored to duty, us, separate and apart from the person­ with satisfactory condm.:~ he will be not -in his same grade, but restored to nel in charge of this particular camp. eligible for an administrative discharge duty. Therefore, I am sure that the He finally talked with us. He was a as distinguished from a bad-conduct Army has a program along these lines. psychological case if I ever saw one. I discharge that would haunt him all his Whether it is exactly the right one or said to him, "If you have any idea of ever life. not, certainly it cannot be charged with getting out of here, or of ever t rying to Mr. JOHNSON of California. Mr. not thinking along these general lines. better yourself, let us hear what you Chairman, will the gentleman yield? Mr. FULTON. No. As a matter of have to say." The only word I have ever · Mr. FULTON. I yield. fact, I am not charging the Army with had is something from his mother say­ Mr. JOHNSON of California. Would being in the position of not thinking ing that he is up here in a Federal .peni­ not that very probably be more appro­ l:l.bout the matter. I am trying to be con­ tentiary. priate in a separate bill? In my State structive in reference to a program that When we left, that young man said, "I we have a penal code that lays dowri the will lead in a certain direction toward have been misused.'' He said, "I came provisions of the administrative penal rehabilitation. I think the Army gen­ in without a·chance, because I had a rec­ law and the fundamental law, and we erally has done a fine job, and that also ord against me and was known to have have a separate one on parole, probation, applies to the Navy and Marine Corps. been paroled to the Army. The first and those things, entirely separate. It Mr. GOFF. Mr. Chairman, will the thing that came up when something was does not seem to me that what the gen­ gentleman yield? wrong, they blamed it on me." He said, tleman seeks is appropriate in this par­ Mr. FULTON. I yield to the gentleman "I did not do it." He said, "From there ticular bill. from Idaho. on I did the things they are saying," and Mr. FULTON. That may be a good Mr. GOFF. May I ask the gentleman he said, "I am going to continue to do idea to consider. If it is refused at the. if he has ever heard of the special them." present time then it might be done as clemency board that was set up by the Now, perhaps a sentence of 50 or 60 the gentleman from California suggests, Secretary of War, of which Justice years for that young man in his early in a separate bill. Roberts was chairman? twenties is not quite the solution. Per­ Mr. JOHNSON of California. I agree Mr. FULTON. Yes. I know quite a bit haps rehabiEtation, perhaps a feeling with the gentleman in his idea. about that. that there is a chance in the United The CHAIRMAN. The time of the Mr. GOFF. May I inform the gen­ States for him will take that young man gentleman from Pennsylvania has ex­ tleman that my last military duty during off the backs of the taxpayers back to pired. the recent war was as a member of one self-support in civil life. I do not want Mr. FULTON. Because I am one ·of of these special clemency boards under 80,000 young men in the prime of their the few Members opposed to the bill in Justice Roberts. The reference has been manhood and in the prime of their pro­ its present form, may I not ask that a made here to knowing one case. I know dtlctive year~ kept in the prisons of this little more time be allotted to me? some 35,000 cases where the very thing . country and either kept out of the Army Mr. KILDAY. Mr. Chairman, I yield the gentleman has been talking about or l{ept out of productive employment. the gentleman five additional minutes. has been done. 1948 CONGRESSIONAL RECORD-HOUSE 171 Mr. FULTON. But now that board This bill attempts to do exactly the does not vest in even some of . our ap­ has completed its job. things that the gentleman from Pennsyl­ pellate courts with respect to civil cases. Mr. GOFF. That board does not exist vania says he would like to see incor­ Mr. KILDAY. That is correct. in that name, but there is at the present porated into the administration of mili­ Mr. ELSTON. So, as a matter of fact, time in the War Department a board tary justice. It is true that during the the bill gives to the soldier convicted actually functioning at this time which war rehabilitation battalions were organ­ in every general, special, or summary reviews these sentences and has the ized by the Army, and I believe that court martial, more consideration than power to recommend reductions to the 33,000 of the 80,000 were given the oppor­ is given to a civilian who may be placed Secretary of War and it actually has a tunity to go to rehabilitation battalions on trial in any State of the Union. . continuous process of arranging for the and secure honorable discharges. In Mr. KILDAY. That is correct. rehabilitation of these men. The bill this bill for the very first time we make Now, very conscientious members of under consideration is one that certainly it a part of the law of the United States the boards of review have told me of the has my unreserved support. · by incorporating it in the Articles of difficulty which faces them and the ter­ Mr. FULTON. The gentleman has War that it can be done. rible mental anguish that it caused some taken the trouble to inform himself on I call your attention to page 30 of the of them because of the technical rules the subject. I may say that I went to bill, line 22: which bound them in reviewing courts Europe several months ago and visited The authority which suspends the execu­ martial; the fact that they could not the Army disciplinary barracks and I tion of a sentence may restore the person considel' the weight and the sufficiency think I know something about it. If the under sentence to duty during such suspen­ of the evidence, and the credibility of gentleman would like to hear some more sion- the witnesses, and that there were tech­ about this investigation I can tell him There has not heretofore been any such nical rules by· which they were deprived about it. statutory authority for that to be done. of the right to consider certain questions I found people who were confined un­ It was done during the war while the of law, because certain preliminary mo­ der physical punishment conditions for War Powers Acts were in effect, and tions had not been made during the trial 7 months without a trial. They were things of that kind- and things of that kind. This bill does held without being able to get a trial away with a lot of that. when they asked for it. For example, and the death or honorable discharge of a person under suspended sentence shall op­ Of course, there has been a good deal on March 19, 1946, I wrote to Washing­ erate as a complete remission of any un­ said here about uniformity of sentence. ton asking where a particular young executed or unremitted part of such I say to you, as my considered opinion, serviceman was-and I was advised they sentence. that whenever you get a system of juris­ had no record of his being up for general prudence which gives the same penalty court martial in Washington. I then The CHAffiMAN. The time of the gentleman from Texas has expired. for the same charge, then you have no found out on July 26, after he had been system of justice. If theft is going to arrested on J anuary 3, that this young Mr. KILDAY. Mr. Chairman, I yield myself five additional minutes. take 10 years in every case of theft, you inan who had just turned 21 was sen­ do not have an administration of justice; tenced to 30 years at hard labor. His So, you see that we are now provid­ ing that even though the judgment be­ you have a robot turning out automati­ father had a stroke shortly after because cally machine-produced things. In the comes final, if a man goes to a rehabili­ of shock, and it was a great shock when administration of justice you will never he felt his son was right on duty as tation battalion and secures an honor­ reach the point that every charge of the usual. able discharge, it is automatic in set­ same character of offense will receive the When I went over to the Army dis­ ting aside the previous judgment of the same penalty. It should not be. All of ciplinary training center I found en­ general court martial. So, in this bill we the circumstances must be taken into listed men there without beds, sleeping are taking care of that very thing. consideration; the individual himself, on boards with spaces so wide between Now, in the case of the young men his intelligence, his opportunities, his them I could put four fingers in the whose lives were blighted because they environment, premeditation, acts of pas­ spaces. I asked the people in charge of received dishonorable discharges, for the sion, whether done in anger, or things the camp to stand aside and let me talk first time in this bill we are giving an of that kind. So long as you do have to the men alone, which I did. Eighty opportunity for the review of a fully ex­ varying penalties, then you have a sys­ percent of them said they were cold and ecuted judgment of a general court mar­ tem of justice. When you find a situa­ needed blankets. tial. Heretofore that power only exist­ tion in which each charge of the same If that is one example of Army justice ed in the President under his constitu­ character receives the same penalty, maybe we need some corrections. tional power of Executive clemency. In then justice has left your system of. The CHAIRMAN. The time of the this bill the judicial council in its re­ administration of justice. gentleman from Pennsylvania has ex­ view has the right at any time within Mr. FULTON. Mr. Chairman, will pired. a period of 1 year after the judg­ the gentleman yield? , Mr. KILDAY. Mr. Chairman, I yield ment becomes final to review the court Mr. KILDAY. I yield to the gentle­ myself 2 minutes. martial and to set aside even a dishonor­ man from Pennsylvania. Mr. KILDAY. Mr. Chairman, anyone able discharge. That was excepted from Mr. FULTON. My purpose is to bring who has ever had any part in the admin­ the GI bill of rights where. bad-conduct out some of these points in order to see istration of justice has always been most discharges could be reviewed. In addi­ .that they are covered by the bill. I regretful to see what happens to a young tion, as to any offense for which a man think the gentleman has made an ade­ man who becomes embroiled with the was convicted during World War II there quate explanation on the review and law. Also those of us who have had ex­ is a period of 1 year after the termina­ remission features. Will the gentleman perience know that quite frequentfy the tion of the war-and the war has not show me something in the bill that will greatest punishment falls on the inno­ as yet terminated and we do not know provide the thing that the gentleman cent members of the family rather than when it will officially terminate-in which from Pennsylvania [Mr. JENKINS] and I on the wrongdoer. Those are things those discharges can be reviewed. So, are very interested in, and that is which are inherent in society and our rather than criticize matters about which prompt trial? Is there anything in the way of life. No matter what we may do the gentleman from Pennsylvania has bill that will insure these men having a they cannot be eliminated. spoken, I think the bill deserves support prompt trial? Let me give the gentle­ Mr. Chairman, whether men are sleep­ for the very reasons he has given, be­ man my situation. I found a young ing on the ft.oor or not has nothing to do cause the bill for the first time incor­ man who was denied a trial for 7 months. with the type of bill that we can write porates in statutory law all of the things Is there anything in the bill that will on the administration of justice in the which he advocates. prevent that in the future? Army. I condemn any such practices Mr. ELSTON. Mr. Chairman, will the Mr. KILDAY. It is most reprehensi­ on the part of any commanding officer. gentleman yield? ble that a man should be held for a In my opinion he should be brought be­ Mr. KILDAY. I yield to the gentle­ period of time such as that or for any fore a court martial himself if he permits man from Ohio. unreasonable period of time. I think things of that kind to take place. How­ Mr. ELSTON. As a matter of fact, the bill does all that you can possibly do ever, that has nothing to do with the pro­ the bill provides that the judicial coun­ in a code of criminal procedure in a cedure before courts martial. cil may weigh the evidence, power which State in accomplishing that. Where are 172 CONGRESSIONAL RECORD·-HOUSE JANUARY 14 you going to state your limit as to when Mr. BURLESON. I want to know Corps when detached for service with the he shall be brought to trial? what the gentleman's attitude would be Army by order of the President, shall be com­ Mr. FULTON. Would the gentleman relative to the suspension of sentence by petent to serve on courts martial for the trial of any persons who may lawfully be brought object to an amendment that had in it a the court martial itself, not waiting until before such courts for trial. provision that general courts martial in higher authority reviews it. "All enlisted persons in the active military the usual run should be held within 60 Mr. KILDAY. I do not know that I service of the United States or in the active days after the service of charges upon have any definite opinion on .that. It military service of the Marine Corps when de­ the defendant, except where the Judge might be one way or the other. The gen­ tached for service with the Army by order of Advocate General shall grant an exten­ . tleman's opinion on that would be as the President, shall be competent to serve on sion of time under special circum­ good as mine. general and special courts martial for the trial of enlisted persons and persons of these stances? Mr. BURLESON. That is another categories shall be detailed for such service Mr. KILDAY. I would have to oppose thing that contributes to the statement when deemed proper by the appointing au­ that, because the military very frequently I made before, and I repeat it: The boy thority. is on the move. ·suppose during the past in the Army who is charged with an of­ "When appointing courts martial the ap­ war a division was in England on its way fense still does not have the opportunity pointing authority shall detail as members to the Continent and ·a man was charged to .defend himself in a court-martial trial thereof those officers of the command and there with some heinous· crime, and comparable to that of the most hardened when eligible those enlisted persons of the criminal in State jurisdictions. command who, in his opinion, are best quali­ shortly thereafter the division went to fied for the duty by reason of age, training, France, went into the front line, was up Mr. KILDAY. The gentleman may be experience, and judicial temperament; and in Belgium or Luxemburg, or further correct, but. that has not been my ex­ officers and enlisted persons having less than up the line. I do not know that they perience, having observed the Army 2 years' service shall not, if it can be avoided could get the witnesses in 60 days, I do rather closely all my life. We have laws without manifest injury to the service, be not know that they could get them in 90 which are just as strict as they can be appointed as members of courts mar~ial in days. They might be able to get them made to secure for him that right. I excess of minority membership thereof. No in 10 days. There is no way to tell. Our · person shall be eligible to sit as a member of have seen men butchered by district at­ a general or special court martial when he is Constitution saw fit to say that a man torneys; there is no doubt about that. the accuser or a witness for the prosecution." was entitled to a .speedy trial, and went I have seen them butchered by trial S:s:c. 4. Article 5 is amended to read as fol­ into no further detaii. That is the only judges. What· are you going to do about lows : right the gentleman or I have as civilians that in writing laws? It is something "ART. 2. General courts martial: General in regard to a trial. that just cannot be done. The best you courts martial may consist of any number of This is what we put into the bill, · and can do is to ·put them under oath that members not less than five." they will fairly and impartially admin­ SEC. 5. Article 6 is amended to read as fol- I do not think you could be any more lows: · specific, because if you attempt to be ister the law. After you have done that "ART. 6. Special courts martial: Special you are going to have to say that a man there is no way in the world that you courts martial may consist of. any number of not brought to trial within 60 days shall . can make a man be fair and impartial, members not less than three." be released and not tried. Whenever no more than you can make him love SEc. 6. Article 8 is amended to read as fol­ you do that, you have to have the pro­ his neighbor or keep him from hating lows: cedure so hide-bound that you are not another man. That is the human equa­ "ART. 8. General courts martial: The Pres­ going to be able to administer justice. tion which exists in the administration ident of the United States, the commanding officer of a Territorial department, the Super­ Page 18, line 12, is where it begins:· of justice by human beings. The best intendent of the Military Academy, the com­ When a person is held for trial by general we can do is to come as close to it as we manding officer of an Army group, an Army, court martial, the commanding officer will, possibly can, and I think that in this an Army corps, a division, a separate brigade, within 8 days after the accused is arrested bill we have done so. · or corresponding unit of the Ground or Air or confined, if practicable, forward the The CHAIRMAN. The time of the Forces, or any command to which a member charges . to the officer exercising general gentleman from Texas has expired. · All of the Judge Advocate General's Department court-martial jurisdiction and furnish the time has expired. The Clerk will read. is assigned as staff judge advocate, as pre­ accused a copy of such charges. If the same scribed in article 47, and, when empowered be not practicable, he will report to superior The Clerk read as follows: by the President, the commanding officer of authority the reasons for delay. Be it enacted, etc., That the Articles of any district or of any force or body of troops War (41 Stat. 787 to 811, as amended) are may appoint general courts martial; but Again, we must depend upon those ad­ hereby amended as follows: when any such commander is the accuser or ministering any law. Article 1 is amended to read as follows: the prosecutor of the person or persons to be The trial judge advocate will cause to be " (a) The word 'officer' shall be construed tried, the court shall be appointed by superior served upon the accused a copy of the charges to refer to a commissioned officer. competent authority, and may in any case be upon which trial is to be had, and a failure " (b) The word 'soldier' shall be construed appointed by superior authority when by the so to serve such charges will be ground for a as including a noncommissioned officer, a latter deemed desirable. continuance unless the trial be had on the private, or any other enlisted man or woman. "The authority appointing a general court charges furnished the accused as hereinbe­ "(c) The word 'company' shall be con­ martial shall detail as one of the members fore provided. In time of peace no person strued as including a troop, battery, or corre­ thereof a law member who shall be an officer shall, against his objection, be brought to sponding unit of the Ground or Air Forces. of the Judge Advocate General's Department trial before a general court martial within a "(d) The word 'battalion' shall be con~ or an officer admitted to practice law in a period of 5 days subsequent to the service of strued as including a squadron or correspond­ court of the judicial system of the United charges upon him. ing unit of the Ground or Air Forces. States or in the highest court of a State of " (e) The word 'cadet' shall be construed the United States and certified by the J udge The latter provision is regarded as the to refer to a cadet of th€ United States M!li­ Advocate General to be qualified for such one that is important. The code of pro­ tary Academy." detail: Provided, That no general court mar­ cedure of my State does not say the time SEc. 2. Article 2, subparagraph (a), is tial shall receive evidence or vote upon its within which a man shall be tried, but it amended to read as follows: findings or sentence in the absence of the is very positive in saying that he shall "(a) All officers, members of the Army law member regularly detailed. The law Nurse Corps, warrant officers, flight officers, member, in addition to his duties as a mem­ not be tried quicker than 2 days after and soldiers belonging to the Regular Army ber, shall perform the duties prescribed in the indictment is returned, or in cases of the United States; all volunteers, from the article 31 hereof and such other duties as the of capital punishment not within 2 days dates of their muster or acceptance into the President may ·by regulations prescribe." , after the indictment has been personally military service of the United States; and SEc. 7. Article 9 is amended to read as fol­ served on him. That is the thing that all other persons lawfully called, drafted, or lows: has been regarded as deserving of pro­ ordered into, or to duty or for training in, the "ART. 9. Special courts martial: The com­ tection from the Government, that is, a said service, from the dates they are required manding officer of a district, garrison, fort, quick trial without opportunity to pre­ by the terms of the call, draft, or order to camp, station, or other place where troops obey the same;" are on duty, and the comll.landing officer of pare. SEc. 3. Article 4 is amended to read as an Army group, an Army, an Army corps, a Mr. BURLESON. Mr. Chairman, will follows: division, brigade, regiment, detached bat­ the gentleman yield? "ART. 4. Who may serve on courts martial: talion, or corresponding unit of ground or Mr. KILDAY. I yield to the gentle­ Ml officers in the military service of the air forces, and the commanding officer of man from Texas. United States, and officers . of the · Marine any other detached command or group of .1948 CONGR.ESSIONAL RECORD-HOUSE 173 detached Units placed under a single com­ cising general court-martial jurisdiction and or commission in any case not capital, or mander for this purpose may appoint special subject to appellate review by the Judge in any proceeding before a court of inquiry courts martial; but whe:h any such com­ Advocate General and appellate agencies in or a military board, if such deposition be manding offlcer is the accuser or the prose­ his office, a special court martial may adjudge taken when the witness resides, is found. or cutor of the person or persons t~ be tried, a bad-conduct discharge in addition to other is about to go beyond the State, Territory, the court shall be appointed by superior authorized punishment." or district in which the court, commission, authority, and may in any case be appointed SEc. 11. Article 14 is .amended to read as or board is ordered to sit, or beyond the dis­ by superior authority when by the latter follows: tance of 100 miles from the place of trial or deemed desirable." · "ART. 14. Summary courts martial: Sum­ hearing, or when it appears to the satis­ SEc. 8. Article 11 is amended to read as mary courts martial shall have power to try faction of the court, commission, board, or follows: any person subject to military law, except appointing authority that the witness by rea­ "ART. 11. Appointment of trial judge ad­ an officer, a member of the Army Nurse Corps, son of age, sickness, bodily infirmity, im­ vocates and counsel: F'or each general or a warrant officer, flight officer, or a cadet, for prisonment, or other reasonable cause, is un­ special court martial the authority appoint­ any crime or offense not capital made punish­ able to or, in foreign places, because of non­ ing the court shall appoint a trial judge able by these articles: Provided, That non­ amenability to process, refuses to appear advocate and a defense counsel, and one or commissioned officers shall not, if they object and testify in person at the place of trial more assistant trial judge advocates and one thereto, be brought "to trial before a summary or hearing: Provided, That testimony by dep­ or more assistant defense counsel when · court martial without the authority of the osition may be adduced for the defense in necessary: Provided, That the trial judge ad­ officer competent to bring them to trial be­ capital cases: Provided further, That a depo­ vocate and defense counsel of each general fore a special ·court martial: Provided fur­ sition may be read in evidence in any case in court martial shall, if availab~e. be mem­ ther, That the President may, by·regulations, which the death penalty is authorized by law bers of the Judge Advocate General's De­ except from the jurisdiction of summary but is not mandatory, whenever the appoint­ partment or officers admitted to practice law courts martial any class or classes of persons ing authority shall have directed that the in a court of the judicial system of the subject to military law. case be treated as not capital, and in such United States or in the highest court of a "Summary courts martial shall not have a case · a sentence of death may not be ad­ State of the United States: Provided further, power to adjudge confinement in excess of judged by the court martial: And provided That in all cases in which the officer ap­ 1 month, restriction to limits for more than further, That at any time after charges have pointed as trial judge advocate shall be a · 3 months, or forfeiture or detention of more been signed as provided in article 46, and be­ member of the Judge Advocate General's than two-thirds of 1 month's pay." fore the charges have been referred for trial, Department, or an officer admitted to prac­ SEc. 12. Article 16 is amended to read as any authority competent to appoint a court tice law in a court of the United States or follows: martial for the trial of such charges may in the highest court of a State, the officer ap­ "ART. 16 Persons in the military service­ designate officers to represent the prosecution pointed as defense counsel shall likewise how triable: Officers shall be triable only by and the defense and may authorize such be a member of the Judge Advocate Gen­ general and special courts martial and in no officers, upon due notice, to take the depo­ eral's ·Department or an officer admitted to case shall a person in the military service, sition of any witness, and such deposition practice law in a court of the judicial sys­ when it can be avoided, be tried by persons may subsequently be received in evidence as tem of the United States or in the highest inferior to him in rank. No enlisted person in other cases." court of a State of the United States: Pro­ may sit as a member of a court martial for SEC. 16. Article 31 is amended to read as vided further, That when the accused is rep­ the trial of another enlisted person who is follows: resented by counsel of his own selection and assigned to the same company or corre­ "ART. 31. Method of voting: Voting by does not desire the presence of the regularly sponding military unit." members of a general or special court martial appointed defense counsel or assistant de­ SEc. 13. Article 22 is amended to read as upon questions of challenge, on the findings, fense counsel, the latter may be excused by follows: and on the sentence shall be by secret written the president of the court: And provided "ART. 22. Process to obtain witnesses: ballot. The junior member of the court further, That no officer who has acted as Every trial judge advocate of a general or shall in each case count the votes, which member, trial judge advocate, assistant trial special court martial and every summary count shall be checked by the president, who judge advocate, defense counsel, or assist­ court-martial shall have power to issue the shall forthwith announce the result of the ant defense counsel, in any case shall sub­ like process to compel witnesses to appear ballot to the members of the court. The law sequently act as a staff judge advocate to and testify which courts of the United States member of a general court martial or the the reviewing or confirming authority upon having criminal jurisdiction may lawfully president of a special court martial shall rule the same case." issue; but such process shall run to any part in open court upon interlocutory questions, SEC. 9. Article 12 is amended to read as of the United States, its Territories, and pos­ other than challenge, arising during the pro­ follows: sessions. Witnesses for the defense shall be ceedings: Provided, That unless such ruling "ART. 12. General courts martial: General subpenaed, upon request by the defense be made by the law member of a general courts martial shall have power to try any counsel, through process issued by the trial court martial, if any member object there­ person subject to military law for any crime or offense made punishable by these articles, judge advocate, in the same manner a,s wit­ to, the court shall be cleared and closed and and any other person who by the law of war nesses for the prosecution." the question decided by a majority vote, viva is subject to trial by military tribunals: SEc. 14. Article 24 is amended to read as voce, beginning with the junior in rank: And provided further, ProVided, That general courts martial shall follows: That any such ruling made have power to adjudge any punishment au­ "ART. 24. Compulsory self-incrimination by the law member of a general court mar­ thorized by law or the custom of the service prohibited: No witness before a military tial upon any interlocutory question other including a bad-conduct discharge." court, commission, court of inquiry, or board, than a motion for a finding of not guilty, or SEc. 10. Article 13 is amended to read as or before any officer conducting an investiga­ the question of accused's sanity, shall be final follows: tion, or before any officer, military or civil, and shall constitute the ruling of the court; "ART. 13. Special courts martial: Special designated to take a deposition to be read in but the law member may in any case consult• courts martial shall have power to try any evidence· before a military court, commission, with the court, in closed session, before mak­ person subject to military law for any crime court of inquiry, or board, or before an officer ing a ruling, and may change any ruling or offense not capital made punishable by conducting an investigation, shall be com­ made at any time during the trial." these articles: Provided, That the Presi­ pelled to incriminate himself or to answer SEc. 17. Article 36 is amended to read as dent may, by regulations, except from the any question the answer to which may tend follows: jurisdiction of special courts martial any to incriminate him or to answer any question "ART. 36. Disposition of records-Special class or classes of persons subject to mili­ not material to the issue when such answer and summary courts martial: After having tary law: Provided further, That the officer might tend to degrade him. been acted upon by the officer appointing the competent to appoint a general court mar­ "The use of coercion or unlawful influence court, or by the officer commanding for the tial for the trial of any particular case may, 1n any manner whatsoever by any person time being, the record of each trial by spe­ when in his judgment the interests of the subject to military law to obtain any degrad­ cial court martial and a report of each trial service so require, cause any case to be tried ing statement not material to the issue, or by summary court martial shall be trans­ by a special court martial notwithstanding any self-incriminating statement, admission, mitted to the headquarters of the officer ex­ the limitations upon the ·jurisdiction of the or confession from any accused person or wit­ ercising general court-martial jurisdiction special court martial as to offenses herein ness, shall be deemed to be conduct to the over the command, there to be filed in the prescribed, but the limitations upon juris­ prejudice of good order and military dis­ office of the staff judge advocate: Provided, diction as to persons and upon punishing cipline, and no such statement, admission, or however, That each record of trial by special power herein prescribed shall be observed. confession shall be received in evidence by court martial in which the sentence, as ap­ "Special courts martial shall not have pow­ any court martial." proved by the appointing authority, includes er to adjudge dishonorable discharge or dis­ SEc. 15. Article 25 is amended to read as a bad-conduct discharge, shall, if approved missal, or confinement in excess of 6 months, follows: by the officer exercising general court-mar­ nor to adjudge forfeiture of more than two­ "ART. 25. Depositions-when admissible: tial jurisdiction under the provisions of arti­ thirds pay per month for a period of. not A duly authenticated deposition taken upon cle 47, be forwarded by him to The Judge exceeding 6 months: Provided, That subject reasonable notice to the. opposite party may Advocate General for review as hereinafter to approval of the sentence by an officer exer- be read in evidence before any military court in these articles provided. When no longer 174 CONGRESSIONAL RECORD-HOUSE JANUARY 14 of use, records of summary courts martial to military law, and under oath either that these articles, and unless the record of trial may be destroyed as provided by law govern­ he has personal knowledge of, or has investi­ has been found legally sufficient to sup­ . ing dest ruction of Government records." gated, the matters set forth therein and that port it. SEc. 18. Article 38 is amended to read as the same are true in fact, to the best of his "d. Approval: No sentence of a court mar­ follows: knowledge and belief. tial shall be carried into execution until the · "ART. 38. President may prescribe rules! "b. Investigation: No charge will be re­ same shall have been approved by the con­ The President may, by regulations, which he ferred to a general court mart ial for trial vening authority: Provided, That no sen­ may m odify from time to time, prescribe ~':le until after a thorough and impartial investi­ tence of a special court martial including a procedure, including modes of proof, in cases gation thereof shall have been made. This bad-conduct discharge shall be carried into before courts martial, courts of inquiry, mili­ investigation will include inquiries as to the execution until the same shall have been ap­ tary comm i ssio~s. and other military tri­ truth of the matter set forth in said charges, proved by an officer authorized to appoint a bunals, which regulations shall, insofar as he form of charges, and what d isposition of the general court martial. shall deem practicable, apply the principles case should be made in the interest of justice · "e. Who may exercise: Action by the con­ of law and rules of evidence generally recog­ and discipline. At such investigation full vening authority rri·Y be taken by an officer nized in the trial of criminal cases: in the opportunity shall be given to the accm:ed to commanding for the time being, by· a suc­ district courts of the United States: Provided, cross-examine witnesses against him if they cessor -in command, or by any officer ·exercis­ That not hing contrary to or inconsistent are available and to present anything he may ing general court-martial jurisdiction. with these articles shall be so prescribed: desire in his own behalf, either. in. defense "f. Powers incident to power to approve : Provided further, That all rules and regula­ or mitigation, and the investigating officer The power to approve the sentence of a court tions made in pursuance of this Article shall shall examine available witnesses requested martial shall include- be laid before th9 Congress." by the accused. If the charges are forwarded " ( 1) the power to approve or disapprove . SEc. 19. Article 39 is amended to read as after such investigation they shall be ac­ a finding of guilty and to approve only so follows: companied by a statement of the substance much of a finding of guilty of a particular "ART. 39. As to time: Except for desertion of the testimony taken on both sides. offense as involves a finding of guilty of a or absence without leave committed in time "c. Forwarding charges; delays; service of lesser included offense; of war, or for mutiny or murder, no person charges: When a person is held for trial by "(2) the power to approve or disapprove subject to military law shall be liable to be general court martial, the commanding officer the whole or any part of the sentence; and tried or punished by a court martial for any will, within 8 days after the accused is ar­ "(3) the power to remand a case for re­ crime or offense committed more than 2 rested or confined, if practicable, forward the hearing under the provisions of article 52." years before arraignment of such person: charges to the officer exercising general court­ SEc. -24. Article 48 is amended to read as Provided, That for desertion in time of peace martial jurisdiction and furnish · the accused follows: or for any crime or offense punishable under a copy of such charges. If the same be not "ART. 48. Confirmation: In addition to the articles 93 and 94 of this code the period of practicable, he will report to superior author­ approval required by article 47, confirmation limitations upon trial and punishment by ity the reasons for delay. The trial judge ad­ is required as follows before the sentence of court martial shall be 3 years: Provided vocate will cause to be served upon the ac­ a court martial may be carried into execu­ furth er, That the period of any absence of cused a copy of the charges upon which trial tion, namely: the accused from the jurisdiction of the is to be had, and a failure so to serve such "a. By the President witli respect to any United States, and also any period during charges will be ground for a continuance sentence- which by reason of some manifest impedi­ unless the trial be had on the charges fur­ "(1) of death, or ment the accused shall not have been amen­ nished the accused as hereinbefore provided. "(2) involving a general officer: able to military justice, shall be excluded in In time of peace no person shall, against his Pr.ovided, That when the President has al­ computing the aforesaid periods of limita­ objection, be brought to trial before a gen­ ready acted as approving authority, no addi­ Pr ovided further, tion: 'Ihat this article eral court martial within a period of 5 days tional confirmation by him is necessary; · shall not l:ave the. effect to authorize the subsequent to the service of charges upon "b. By the Secretary of War with respect trial or punishment for any crime or offense to any sentence not requiring approval or barred by the provisions of existing law: him." SEc. 23. Article 47 is amended to read as confirmation by the President, when the And provided further, That in the case of Judge Advocate General does not concur in any cffense the trial of which in time of war follows: "ART. 47. Action by convening authority: the action of the Judicial Council; shall be certified by the Secretary of War to "c. By the Judicial Council, with the con­ be detrimental to the prosecution of the war "a. Assignment of judge advocates; chan­ nels of communication: All members of the currence of the Judge Advocate General, or inimical to the . Nation's security, the· with respect to any sentence- period of limitations herein provided for the Judge Advocate General's Department -will be assigned as prescribed by the Judge Ad­ " ( 1) when the confirming action of the trial of the said offense shall be extended to Judicial Council is not unanimous, or when the duration of the war and 6 months there­ vocate General after appropriate consulta­ tions with commanders on whose staffs they by direction of the Judge Advocate General after." his participation in the confirming action SEc. 20. Article . 43 is amended to read as may serve; and the Judge Advocate General or senior members of his staff will make fre­ is required, or follows: "(2) involving imprisonment for life, or . "ART. 43. Death sentence-when lawful; quent inspections in the field in supervision of the administration of military justice. " ( 3) in val ving the dismissal of an officer vote on findings and sentence: No person other than a general officer, or shall, by general court martial, be convicted Convening authorities will at all times com­ municate directly with their staff judge ad­ "(4) involving the dismissal or suspen­ of an offense for which the death penalty is sion of a cadet; made m andatory by law, nor sentenced to vocates in matters relating to the adminis­ suffer death, except by the concurrence of all tration of miiitary justice; and the staff "d. By the Judicial Council with respect the members of said court martial present judge advocate of any command is author­ to any sentence in a case transmitted to the at the time the vote is taken, and for an ized to communicate directly with the staff Judicial Council under the provisions of arti­ • offense in these articles expressly made pun­ judge advoc.ate of a superior or subordinate cle 50 for confirming action." ishable by death; nor sentenced to life im­ command, or with the Judge Advocate Gen­ SEc. 25. Article 49 is amended to read as prisonment, rior to confinement for more eral. follows: than 10 years, except by the concurrence of "b. Reference for trial: Before directing "ART. 49. Powers incident to power to con­ three-fourths of all the members present at the trial of any charge by general court mar­ firm: The power to confirm the sentence of the time the vote is taken. Conviction of tial the convening authority will refer it to a court martial shall be held to include- any off imse for whiCh the death sentence is his staff judge advocate for copsideration . "a. The power to approve, confirm, or dis­ not m andatory and any sentence to confine­ and advice; and no charge will be referred approve a finding of guilty, and to approve ment not in excess of 10 years, whether by to a general court martial for trial unless or confirm so much only of a finding of general or special court martial, may be de­ it has been found that a thorough and im­ guilty of a particular offense as involves a termined by a two-thirds vote of those mem­ partial investigation thereof has been made finding of guilty of a lesser included offense; bers present at the time the vote is taken. e_s prescribed in the preceding article, that "b. The power to confirm, disapprove, va.; All ot her questions shall be determined by a such charge is legally sufficient to allege an cate, commute, or reduce to legal limits the majority vote." ofi"ense under these art icles, and is sustained whole or any part of the sentence; SEC. 21. Art icle 44 is amended to read as by evidence indicated in the report of in­ "c. The power to restore all rights, privi­ follows: vestigation. leges, and property affected by any finding "ART. 44. Officers-reduction to !"anks: "c. Action on record of trial: Before acting or sentence disapproved or vacated; When a sentence to dismissal may lawfully upon a record of trial by general court mar­ "d. The power to order the sentence to be be adjudged in the case of an officer the sen­ tial or military commission, or a record of carried into execution; tence may in time of war, under such regu-. trial by special court martial in which a . "e. The power to remand the case for a lations as the President may prescribe, ad­ bad-conduct discharge has been adjudged rehearing under the provisions of article 52." judge in lie~ thereof reduction to the grade and approved by the aut horit y appointing SEc. !;;6. Article 50 is amended to read as of private." · the court, the reviewing aut hority will refer follows: SEc. 22. Article 46 is amended to read as it to his staff judge advocate or to The Judge "ART. 50. Appellate review: follows: Advocate General for review and advice; and "a. Board of review; judicial Council: The "ART. 46. Charges; action upon: no sentence shall be approved unless upon Judge Advocat e General shall constitute, in "a. Signature; oath: Charges and speci­ conviction established beyond reasonable his office, a Board of Review composed of fications must be signed by a person subject doubt of · an offense made punishable by not less than three officers of the Judge 1948 CONGRESSIONAL RECORD-HOlTSE 175 Advocate General's Department. He shall holding, such findings and sentence shall "g. Weighing evidence: In the appellate re­ also constitute, in his office, a Judicial Coun­ thereby be vacated in accord with such hold­ view of records of trials by courts martial as cil composed of three general officers of the ing and the record shall be transmitted by provided in these articles the Judge Advocate Judge Advocate General's Department: Pro­ the Judge Advocate General to the appro­ General and all appellate agencies in his offl.ce vided, That the Judge Advocate General may, priate convening authority for a rehearing shall have authority to weigh evidence, judge under exigent circumstances, detail as mem­ O"!' such other action as may be proper. the credibility of witnesses, and determine bers of the Judicial Council, for p~riods not " ( 4) In any case requiring confirming ac­ controverted questions of fact. in excess of 60 days, officers of the Judge tion by the President or confirming action "h. Finality of court-martial judgments: Advocate General's Department of grades by the Judicial Council in which the Board The appellate review of records of trial pro­ below that of general officer. . of Review holds the record of trial legally vided by this article, the confirming action "b. Additional boards of review. and ju­ insufficient to support the findings of guilty taken pursuant to article 48 or 49, the pro­ dicial councils: Whenever necessary, the and sentence, or the sentence, and the Judge ceedings, findings, and sentences of courts Judge Advocate General may constitute two Advocate General shall not concur in the martial as heretofore or hereafter approved, or more Boards of Review and Judicial Coun­ holding of the Board of Review, the holding reviewed, or confirmed as required by the cils in his office, with equal powers and and the record of trial shall be transmitted Articles of War and all dismissals and dis­ duties, composed as provided in the first to the Judicial Council for confirming action charges heretofore or hereafter carried into paragraph of this article. or for other appropriate actior.. in a case in execution pursuant to sentences by courts "c. Branch offices: Wheneve'l' the President which confirmation of the sentence by the martial following approval, review, or con­ deems such action necessary, he may direct President is required under article 48a. firmation as required by the Articles of War, the Judge Advocate General to establish a "e. Action by Board of Review in cases shall be final and conclusive, and orders pub­ branch office, under an Assistant Judge Ad­ involving dishonorable or bad-conduct dis­ lishing the proceedings of courts martial and vocate General who shall be a general officer charges or confinement in penitentiary: all action taken pursuant to such proceed­ of the Judge Advocate General's Depart­ No authority shall order the execution of ings shall be binding upon all departments, ment, with any distant command, and to any sentence of a court martial involving courts, agencies, and officers of the United establish in such branch office one or more dishonorable discharge not suspended, bad­ States, subject only to action upon applica­ boards of rewiew and judicial councils com­ conduct discharge not suspended, or con­ tion for a new trial as provided in article 53." posed as provided in the first paragraph of finement in a penitentiary unless and until SEc. 27. Article 50¥2 is rescinded. this article. Such Assistant Judge Advocate· the appellate review required by this article SEc. 28. Article 51 is amended to read as General and such board of review and ju­ shall have been completed and unless and follows: d:cial council shall be empowered to per­ until any confirming action required shall "ART. 51. Mitigation, r~mission, and sus­ form for that command under the general have been completed. Every record of trial pension of sentences: supervision of the Judge Advocate General, by general or special court martial involving "a. At the time ordered executed: The the duties which the Judge Advocate General a sentence to dishonorable discharge or bad­ power of the President, the Secretary of War, and the board of review and judicial council conduct discharge, whether such discharges and any reviewing authority to order the exe­ in his office would otherwise be required to be suspended or not suspended, and every cution of a sentence of a court martial shall perform in respect of all cases involving sen­ record of trial by general court martial in­ include the power to mitigate, remit, or sus­ tences not requiring approval or confirma­ volving a sentence to confinement in a pen­ pend the whole or any part thereof, except tion by the· President: Provided, That the itentiary, other than records of trial exam­ that a death sentence may not be suspended. power of mitigation and remission shall not ination of which is required by paragraph d T!1e Judge Advocate General shall have ·the power to mitigate, remit, or suspend the be exercised by such Assistant Judge Advo­ of this article, shall be examined by the whole or any part of a sentence in any case cate .General or by agencies in his office, but Board of Rflview which shall take ·action as requiring appellate review under article 50 any case in which such action is deemed follows: and not requiring approval or confirmation desirable may be forwarded to the Judge Ad­ " ( 1) In any case in which the Board of by the President, but the power to mitigate vocate General with appropriate recom­ Review holds the record of trial legally suf­ or remit shall be exercised by the Judge Ad­ mendations. ficient to support the findings of guilty and vocate General under the direction of the "d. Action by board of review when ap­ sentence, and confirming action is not by the Secretary of War. The authority which sus­ proval by President or confirming action is Judge Advocate General or the Board of Re­ pends the execution of a sentence may re­ required: Before any record of trial in which view deemed necessary, the Judge Advocate store the person under sentence to duty dur­ there has been adjudged a sentence requir­ General shall transmit the holding to the ing such suspension; and the death or honor­ ing approval or confirmation by the Presi­ convening authority, and such holding shall able discharge of a person under suspended dent or confirmation by any other confirm­ be deemed final and conclusiv~. sentence shall operate as a complete remis­ ing authority is submitted to the President "(2) In any case in which the Board of sion of any unexecuted or unremitted part or such other confirming authority, as the Review holds the record of trial legally suf­ of such sentence. case may be, it shall be examined by the ficient to support the findings of guilty and "b. Subsequent to the time ordered exe­ board of review which shall take action as s_entence, but modification of the findings of cuted: follows: guilty or the sentence is by the Judge Advo­ "(1) Any unexecuted portion of a sentence " ( 1) In any case requiring action by the cate General or the Board of Review deemed other than a sentence of death, including all President, the board of revie·w shall submit necessary to the ends of justice, the holding uncollected forfeitures, adjudged by court its opinion in writing, through the judicial and the record of trial shall be transmitted martial may be mitigated, remitted, or sus­ council which shall also submit its opinion to the Judicial Council for confirming action. pended and any order of suspension may be in writing, to the Judge Advocate General, "{3) In any case in which the Board of vacated, in whole or in part, by the military who shall, except as herein otherwise pro­ ~eview holds the record of trial legally in­ authority competent to appoint, for the com­ vided, transmit the record and the board's sufficient to support the findings of guilty mand, exclusive of penitentiaries and the and council's opinions, with his recom­ and sentence, in whole or in part, and the United States disciplinary barracks, in which mendations, directly to the Secretary of War Judge Advocate General concurs in such the person under sentence may be, a court··· for the action of the President: Provided, holding, the findings and sentence shall of the kind that imposed the sentence, and That the judicial council, with the concur­ thereby be vacated in whole or in part· in the same power may be exercised by superior rence of the Judge Advocate· General shall accord with such holding, and the record military authority or by the Judge Advocate have powers in respect to holdings of legal shall be transmitted by the Judge Advocate General under the direction of the Secretary insufficiency equal to the powers vested in General to the convening authority for re­ of War: Provided, That no sentence approved the board of review by subparagraph {3) of hearing or such other action as may be or confirmed by the President shall be miti­ this paragraph. a'11propriate. gated, remitted, or suspended by any author­ " ( 2) In any case requiring confirming ac­ - " ( 4) · In any case in which the Board of ity inferior to the President: And provided tion by the judicial council with or without Review holds the record of trial legally in­ further, That no order of suspension of a the concurrence of the Judge Advocate Gen­ sufficient to support· the findings of guilty sentence to dishonorable discharge or bad eral, when the board of review is of· the and sentence, in whole or in part, and the conduct discharge shall be vacated unless and opinion that the record of trial is legally Judge Advocate General shall not concur in until confirming or appellate action on the sufficient to support the sentence· it shall the holding of the Board of Review, the sentence has been completed as required by submit its opinion in writing to the judicial holding and the record of trial shall be trans­ articles 48 and 50. council for appropriate action. mitted to the Judicial Council for confirming "(2) The power to suspend a sentence shall "(3) When the Board of Review is of the action. include the power to restore the person af­ opinion that the record of trial in any case "f. Appellate action in other cases: Every fected to duty during such suspension. requiring confirming action by the President record of trial by general court martial the "(3) The power to mitigate, remit, or sus­ or confirming action by the Judicial Council appellate review of which is not otherwise pend the sentence or any part thereof in the ~s legally insUfficient to support the findings provided for by this article shall be examined case of a person confined in the United States of guilty and sentence, or the sentence, or in the Office of the Judge Advocate General disciplinary barracks or in a penitentiary that errors of law have been committed in­ and if found legally insufficient to support shall be exercised by the Secretary of War juriously affecting the substantial rights of the findings of guilty and sentence, in whole or by the Judge Advocate General under the the accused, it shall submit its holding to or in part, shall be transmitted to the Board direction of the Secretary of War." the Judge Advocate General and when the .of Review for appropriate action in accord SEc. 29. Article 52 is amended to read as Judge Advocate General concurs . in such with paragraph e of this article. follows: 176 CONGRESSIONAL RECORD-HOUSE JANUARY 14 "ART. 52. Rehearings: When any reviewing "ART. 89. Good order to be maintained and the President ma.y prescribe, the command­ or confirming authority diSapproves a sen­ wrongs redressed: All persons subject to ing officer of any detachment, company, or tence or when any sentence is vacated by military law are to behave themselves orderly higher command, may, for minor offenses, action of the Board of Review or Judicial in quarters, garrison, camp, and 'on the impose disciplinary punishments upon per­ Council and the Judge Advocate General, the march; and any person subject to military sons of his command without the interven­ reviewing or confirming authority or the law who commits any waste or spoil, or tion of a court martial, unless the accused Judge Advocate General may authorize or wrongfully destroys any property whatsoever demands trial by court martial. direct a rehearing. Such rehearing shall take or commits any kind of depredation or riot, "The disciplinary punishments authoriz~d place before a court martial composed of shall be punished as a ·court martial may by this article may include admonition or members not members of the court martial direct. Any commanding officer who, upon reprimand, or the withholding of privileges, which first heard the case. Upon such re­ complaint made to him refuses or omits, to or ·extra fatigue, or restriction to certain hearing the accused shall not be tried for any see reparation made to _the party injured, specified limits, or hard labor without con­ offense of which he was found not- guilty insofar as the offender's pay shall go toward finement or any combination of such punish­ by the first court martial, and no sentence in such reparation, as provided for in article ments for not exceeding 1 week from the excess of or more severe than the original 105, shall be dismissed from the service, or date imposed; but shall not include forfeiture sentence shall be enforced unless the sen­ otherwise punished, as a court martial may of pay or confinement under guard; except tence be based upon a finding of guilty of an direct." that any officer exercising general court mar­ offense not considered upon the merits in the SEc. 35. Article 92 is amended to read as tial jurisdiction may, under the provisions original proceeding." follows: of this article, also impose upon a warrant SEC. 30. Article 53 is amended to read as .' "ART. 92. Murder-rape: Any person sub­ officer or flight officer or officer of his com­ follows: ject to military law found guilty of murder mand below the rank of brigadier general "ART. 53. Petition for new trial: Under shall suffer death or imprisonment for life, a forfeiture of not more than one-half of such regulations as the President mas pre­ as a court martial may direct; but if found his pay per month for 3 months. scribe, the Judge Advocate ·General is guilty of murder not premeditated, he shall "A person punished under authority of authorized, upon application of an accused be punished as a court martial may direct. this article, who deems his punishment un­ person, and upon good cause shown, in his Any person subject to military law if found just or disproportionate to the offense, may, discretion to grant a new trial, or to vacate guilty of rape shall suffer death or such other through the proper channel, appeal to the a sentence, restore rights, privileges, arid punishment as a court martial may direct: next superior authority, but may in the property affected by such sentence, and sub­ Provided, That no person shall be tried by meantime be required to undergo the punish­ stitute for a dismissal, dishonorable dis­ court martial for murder· or rape committed ment adjudged. The commanding officer who charge, or bad condu ~t discharge previously within the. g.eographical limits of the States imposes the punishment, his successor i.n executed a form of discharge authorized for of the Union and the District of Columbia command, and superior authority shall have administrative issuance, in any court-martial in time of peace." · power to mitigate or remit any unexecuted case in which application is made within 1 SEC. 36. Article 93 is amended to read as portion of the punishment. The imposition year after final disposition of the case upon follows: and enforcement of disciplinary punishment initial appellate review: Provided, That with "ART 93. Various crimes: Any person sub­ under authority of this article for . any act regard to cases involving offenses committed ject to · military law who commits man­ or omission shall not be a bar to trial by during World War II, the application for a slaughter, mayhem, arson, burglary, house­ court martial for a serious crime or offense new trial may be made within 1 year after breaking, robbery, larceny, perjury, forgery, growing out of the same act or omission, termination of the war, or after its final dis­ sodomy. assault with intent to commit any and not properly punishable under this position upon initial appellate review as felony, assault with intent to do bodily harm article; but the fact that a disciplinary ·herein provided, whichever is the later: with a dangerous weapon, instrument, or 'punishment has been enforced may be shown Provided, That only one such application for other thing, or assault with intent to do by the accused upon trial, and when so a new trial may be entertained with regard bodily harm, shall be punished as a court shown shall be considered in determining to any one case: And provided further, That martial may direct: Provided, That any per­ the measure of punishment to be adjudged all action by the Judge Advocate General son subject to military law who commits in the event of a finding of guilty." pursuant to this article, and all proceedings, larceny or embezzlement shall be guilty of SEC. 39. Article 108 is amended to read as findings, and sentences on new trials under larceny within the meaning of this article." follows: this article, as approved, reviewed, or con­ SEc. 37. Article 94 is amended to read as "ART. 108. Soldiers-separation from the firmed under articles 47, 48, 49, and 50, and follows: service: No enliSted person, lawfully inducted all dismissals and discharges carried into "ART. 94. Frauds against the Government: into the military service of the United States, execution pursuant to sentences adjudged Any person subject to military law who makes shall be discharged from said service with­ on new trials and approved, reviewed, or con­ or causes to be made any claim against the out a certificate of discharge, and no enlisted firmed, shall be final and conclusive and United States or any officer thereof knowing person shall be discharged from said service orders publishing the acticn of the Judge such claim to be false or fraudulent; or who before his term of service has expired, except Advocate General or the proceedings on new defrauds or attempts to defraud the Gov­ in the manner pre~cribed · by the Secretary trial and all action taken pursuant to such ernment of the United States or any of its of War, or by sentence of a general or special proceed1ngs, shall be binding upon all de­ agencies in any manner denounced by the court martial." partments, courts, agencies, and officers of Criminal Code of the United States or in any SEc. 40. Article 110 i.S amended to read as the United States." manner whatsoever, or who steals, knowingly follows: and willfully misappropriates, wrongfully SEc. 31. Article 70 is amended to read as "ART. 110. Certain Articles of War to be follows: applies to his own use or benefit or w:r:ong­ read or explained: Articles 1, 2, 24, 28, 29, fully and knowingly sells or disposes of any 54 to 97, inclusive, 104 to 109, inclusive, and "ART. 70. Charges; action upon, unneces­ ordnanca, arms, equipment, ammunition, 121 shall be read or carefully explained to sary delay: When any person subject to clothing, subsistence stores, money, or other every soldier at the time of his enlistment military law is placed in arrest or confine­ property of the United States, fUrnished or cir muster in, or within 6 days thereafter, ment immediate steps will be taken to try intended for the military service thereof and shall be read or explained once every 6 the person accused or to dismiss the charge shall be punished as a court martial may months to the soldiers of every garrison, and release him: Any officer who is respon­ direct: Provided, That any person subject to regiment, or 'company in the service of the sible for unnecessary delay in investigating military law who commits larceny or em­ United States. And a complete text of the or carrying the case to a final conclusion shall bezzlement with respect to property of the Articles of War and of the Manual for Courts be punished as a <;:ourt martial may direct." United States furnished or intended for the Martial shall be made available to any soldier, SEc. 32. Article 85 is amended to read as ·military service thereof or with respect to upon his request, for his personal examina.­ follows: other property within the purview of this tion." "ART. 85. Drunk on duty: Any ·person sub­ article, steals said property within the mean­ SEc. 41. Article 116 is amended to read as ject to military law, who is found drunk on ing of this article. follows: duty, shall be punished as a court martial "If any person, being guilty of any of the "ART. 116. Powers of ass!stant trial judge may direct." offenses aforesaid or who steals or fails prop­ advo·cate and of assistant defense council: SEc. 33. Article 88 is amended to read as erly to account for any money or other prop­ An assistant trial judge advocate of a general follows: erty held in trust by him for enlisted per­ or special court martial shall be competent . "ART. 88. Unlawfully influencing action of sons or as its official custodian while in the to perform any duty devolved by law, regu­ court: Any person subject to military law military service of the United States, receives lation, or the custom of the service upon the who attempts to coerce or unlawfully infl.u- · his discharge or is dismissed or otherwise trial judge advocate of the court. An assist­ ence the action of a court martial or any separated from the service, he shall continue ant defense counsel shall be competent like­ military court or commission, or any member to be liable to be arrested and held for trial wise to perform any duty devolved by law, thereof, in reaching the findings or sentence imd sentence by a court martial in the same regulation, or the custom of the service upon in any case, or the action of an appointing manner and to the same extent as if he had counsel for the accused." or reviewing or confirming authority with been so separated therefrom." SEc. 42. Article 117 is amended to read as respect to his judicial acts, shall be punished SEc. 38. Article 104 is amended to read e.s follows: as a court martial may direct." . follows: "ART. 117. Removal of civil suits: When SEc. 34. Article 89 is amended to read as "AKT.' 104. Disciplinary powers of com­ any civil· or criminal prosecution is com­ follows: manding offi-cers: Under such regulations as menced in any court of a State of the United t948 CONGRESSIONAL RECORD-I-IOUSE 177 States against any officer, soldier, or other ' The committee amendment was agreed ·The committee amendment was agreed pen;ori in the military service of the United to. to. · States on account of any act done · under color of his office or status, or in respect to Committee amendment: Page 3, strike out Committee amendment: Page 1, line 21, which he claims any right, title, or authority lip.es 11 to 17, inclusive, and insert the fol­ insert after the .word "counsel," "or investi­ under any law of the United States respect­ lowing: gating officer.'" · "Enlisted persons in the active military ing the military forces thereof, or under the The committee amendment was agreed law of war, such suit or prosecution may at service of the United States or in the active any time before the trial or final hearing military service. of the Marine Corps when _ to. thereof be removed for trial into the district detached for service with the Army by order Committee amendment: Page 7, line 22, court of the United States in the district of the President, shall be competent to serve after the word "act" insert "in any capacity where the same is pending in the manner ot1 general and special courts martial for as a member of the prosecution or defense or · J:rescribed by law, and the cause shall there­ the trial of enlisted persons when requested act." · upon be entered on the docket of such dis­ in writing by the accused at any time prior trict court, which shall proceed as if the to the convening of the court. When so re­ . The committee amendm~nt was agreed cause had been originally commenced there­ quested, no enlisted person shall, withou.t to. in and shall have full power to hear and his consent, be tried by a court the member­ : Committee amendment: P2ge 8, line 14, ·determfne said cause." ship of which does not include enlisted per­ strike out the proviso beginning in line 14. -SEC. 43. Section 1 of article 121 is amend­ so~s to the number of at least one third of ed to read as follows: the total membership of the court." The committee amendment was agreed "ART. 121. Complaints of wrongs: Any offi­ to. cer or soldier who believes himself wronged · The committee amendment was agreed Committee amendment: Page 8, line 17. by his commanding officer, and, upon due to. strike out the word· ''further." application to such commander, is refused , Committee amendment: Page 4, line 16, redress,' may complain to the officer exer­ stril\:e out "2" and insert "5.~' The committee amendment was agreed cising general court-martial jurisdiction over to. ·· the officer against whom the complaint is The committee amendment was agreed Committee amendment: Page 8, line 22, made. That officer shall examine into said to. strike out the word "but" and all of lines 23 complai~t and take proper measures for re­ Committee amendment: Page 5, line 17, and 24. dreEsing the wrong complained of; and he strike out the words "an officer admitted to shall, as soon as possible, transmit to the practice law in a court of the judicial sys­ The committee amendment was agreed· War Department a true statement of such tem of the United States" and insert the to. c_omplaint, with · the proceedings had words "an officer who is a member of the · Committee amendment: P2ge 9, line 10, thereon." bar of a Federal court." insert: · SEc. 44. This act shall become effective on "Provided further, That a bad-conduct dis­ 1;he first day of the fourth calendar month . The committee amendment was agreed charge shall not be adjudged by a special after approval of this act. to. court martial unless a complete record or SEc. 45. All .offenses committed and all Committee amendment: Page 5, line 19, the proceedings of and testimony taken by penalties, forfeitures, fines, or liabilities in- . strike out "in" and insert "of." the court is taken in the case." curred prior to the effective date of this act, under any law embraced in or modified, The committee amendment was agreed The committee amendment was agreed changed, or repealed by this act, may be to. to. prosecuted, punished, and enforced in the Committee amendment: Page 7, line 1, Committee amendment: Page 9, line 17, s_llme manner and with the same effect as if strike out "admitted t.o practice law in a stri-ke out "a member of the Army Nurse this act had not been· passed. court of the judicial system of the United Corps." Mr. ELST.ON lieutenant colonel; within the meaning of this article; or 19 percent in the grade of major; 23 percent The committee amendment was agreed "Who knowingly purchases or receives in in the grade of captain; and 36 percent in to. pledge for any obligation or indebtedness the grade of first lieutenant: Provided, That from any soldier, officer, or other person who numbers may he authorized for any grade Committee amendment: Page 34, line 24, is a part of or employed in said forces or in lieu of authorization in higher grades: strike out the words· ''who attempt s" and service, any ordnance, arms, equipment, Provided further, That this provision shall insert the words "shall attempt." ammunition, clothing, subsistence stores, or not operate to require a reduction in perma­ The committee amendment was agreed other property of the United States, such nent grade of any officer now holding perma­ to. · soldier, officer, or other person not having nent appointment. lawful right to sell or pledge the same; or "Officers whose names are major general, he shall at the same time if or payment of any claim against the United to read as follows: States or any officer thereof, forges or coun­ not then h-olding permanent appointment in terfe-its, or procures, or advises the forging or "'SEc. 8. Judge Advocate General's Corps: such grade be appointed a permanent major The Judge Advocate General's Corps shall general of the Regular Army." counterfeiting of any signature upon any consist of one Judge Advocate General with writing or other paper, or uses, or procures, the rank of major general, one assistant with Mr. ELSTON. Mr. Chairman, I offer or advises the use of any such signature, the rank of .major general, three officers with a committee amendment to the amend­ knowing the same to be forged or counter­ the rank of brigadier general, and an active ment. feited; or list commissioned officer strength to be de­ "Who, having charge, possession, custody, The Clerk read as follows: termined by the Secretary of War, but such Committee amendment offered by Mr. or control of any money vr other property strength shall not be less than 1% percent of of the United States, furnished or intended the authorized active list commissioned ELSTON: In sections 46, 47, 48, and 49 sub­ !or the military service thereof, knowingly officer strength of the Regular Army, and in stitute the words "the Department of the delivers, or causes to be delivered, to any per­ Army" for the word "War" wherever the addition warrant officers and enlisted men in latter shall appear, except in line 8, page 47. s.on having authority to receive the same, any such numbers as the Secretary of War shall amount thereof less than that for which he determine.' The amendment to the amendment receives a certificate or receipt; or ..SEc. 47. Regular Army officers shall be "Who, being authorized to make or deliver was agreed to. permanently appointed by the President, by The committee amendment as any paper certifying the receipt of any prop­ and with the advice and consent of.the Sen­ erty of the United St ates furnished or in­ ate, in the Judge Advocate General's Corps amended was agreed to. tendedfor the military service thereof, makes in the commissioned officer grades of major The Clerk read as follows: or delivers to any person such writing, with­ general, brigadier general, colonel, lieutenant Committee amendment: Page 45, line 11, out having full knowledge of the trut h of the colonel, major, captain, and first lieutenant. strike out the words "Regular Army" and stat ements therein contained and with intent The names of commissioned officers of the subst itute therefor the words "Armed serv­ to defraud the United St ates; or Judge Advocate General's Corps below the ices of the National Military Establishment "Who steals, embezzles, knowingly and grade of brigadier general shall be carried on who are subject to the Articles of War." Willfully misappropriates, applies to his own the Judge Advocate's promotion list. The use or benefit, or wrongfully or knowingly Judge Advocate's promotion list shall be es­ The amendment was agreed to. sells or disposes of any ordnance, arms, eqUip­ tablished by entering thereon the names of The Clerk read as follows: ment, ammunition, cloth,ing, subsistence the officers concerned without change in Committee amendments: stores, money, . or other property · of the their order of precedence on the existing pro­ Page 16, line 5, substitute the words "De­ United States furnished or intended for the motion list. The authorized numbers in each partment of the Army" for. the word "War." military service thereof: Provided, That any of the several grades in the Judge Advocate's Page 21, line 23, substitute the words "De­ person, subject to military law, who commits promotion list shall be prescribed ·by the . partment of the Army" for the word "War." 1948 CONGR-ESSIONAL RECOR.D-HOUSE 179 Page SO , line 12, substitute the words "Dz­ that tile American Bar Association Com­ of the gentleman from Pennsylvania partment of the Army" ior the word "War." mittee in its hearjngs and from ques­ leaves the same competency of enlisted Page so, line 22, substitute the words "De­ tionnaires sent out received a large pro­ personnel as the committee has written partment of the Army" for the word "War." it. Then he simply says that no enlisted Page 31 , line 15, substitute the words "De­ portion of answers from former enlisted partment of the Army" for the word "War." men objecting to the presence of enlisted person shall be tried without his consent men on courts martial in the trial of by a court which does not include en­ The amendments were agreed to. enlisted men. There was quite a feeling listed .personnel. So I think the gentle­ lVIr. FULTON. Mr. Chairman, I crrer this si1ould be mandatory when we be­ man from Ohio is possibly not quite cor­ an amendment.· gan these hearings, but aftet the thing recUn saying that the committee amend­ The Clerk read as follows: had been gone into and we had heard ment gives greater protection to the Amendment cffered by Mr. FULTON: On from people who went around the coun­ enlisted personnel. · page 3, line 22, after the word "persons", in­ try, and from questionnaires sent out to The CHAIRMAN. The time of the sert a period and strike out the words "when those who had been in the service, we gentleman from Ohio has expired. requested in writ ing by the accused at any Mr. CROW. Mr. Chairman, I rise in time prior to the con·vening of the court found there was a surprisingly large pro­ when so requested." portion of enlisted men who preferred support of the pending amendment. to be tried by officers. This will give Mr. Chairman, I have a similar amend­ Mr. FULTON. Mr. Chairman, I shall · both those who want to be tried by offi­ ment pending on the desk, but rise in not take 5 minutes on each of the amend­ cers and those who want enlisted men support of this amendment. My reason­ ments I have but will explain each briefly on the courts martial the same right to ing is a little bit different from that of and then let them be voted on. have them. my colleague from Pennsylvania [Mr. My amendment strikes out on page 3, Mr. FULTON. Mr. Chairman, will the FULTON]. line 22, the proviso that the enlisted man gentleman yield to clear up a misappre­ This bill provides that upon request must request in writing tha,t he shall hension? of the enlisted man "prior to the meet­ have other enlisted men serving on the Mr. ELSTON. I yield to the gentle-­ ing of the board" a court martial is court martial. I think it is better that man from Pennsylvania. appointed by an order of the command- the enlisted person shall have enlisted Mr. FULTON. My amendment does ing officer; notices are sent out and the men serving on the court martial unless not make it mandatory. My amend­ officers come into the court-martial room. he shall request otherwise. If this is not ment provides for the consent of the They are not convened until they raise done you always have the enlisted man enlisted man, and the language would their right han.ds and are sworn as a asking for enlisted men and the officers now read as follows, using the commit­ court. Under this bill the enlisted man saying, "Well, he does 110t have confi­ tee's own language: has until that time to say, "I want en­ dence in us"; so the enlisted man under No enlisted person shall without his con­ listed personnel on my court." What this particular provision will not ask for sent be tried by a court the membership of does that mean? It means that the court it. It will never be used. which does not include enlisted persons to will have to be adjourned, the com­ If you do what I suggest, put a period the number of at least one-third of the total manding officer will have to cut a new after ' the word "persons" in the phrase membership of the court. order, and there will be at least a delay ''courts martial for the trial of enlisted So my amendment, too, says it must be of 3 days in bringing the case to trial. persons." Then, the next sentence will with the enlisted man's consent. The. I think this amendment should be read ''When so requested, no enlisted only difference between the committee adopted. I think an enlisted man should person shall, without his consent be tried langt;age and mine is that I do not re­ be entitled to have enlisted men on the . by a court the membership of which does quire the enlisted man to stand up to the court. I think that has been deter­ not include enlisted persons to the num­ officers and make the request. I let the mined by the sentiment of the eniisted ber of at least one-third of the total enlisted man have. them as long as he personnel, and I do not think that it membership of the court." consents to it, but he. does not have to ought to be allowed to remain as it is so That means that unless the enlisted initiate it and go against the officers over that the court can be delayed and cau::;e man objects he shall have enlisted men him. the commanding officer to appoint a on the court martial without asking for Mr. KILDAY. At one time we had this new court. If we change the law the it. It is simply a method of procedure. provision written that way, but after way we have it now the commanding I now yield to the committee. further consideration we came to the officer can appoint two courts, one court Mr. ELSTON. Mr. Chairman, I rise conclusion that we were in error in so of offi::!ers to try officers and one court in opposition to the amendment. writing it because it would place it in with enlisted personnel on it to try en­ Mr. Chairman, as I understand the the power of the accused to cause inter­ listed personnel. If the enlisted man amendment offered by the gentleman minable delay in bringing his case to trial. says, "I want to be tried by officers," the from Pennsylvania, it would not make it If he does nut have to make his choice .commanding officer will call the other mandatory that the accused request in until he is arraigned before a court court, but as it is drawn at the present · writing that enlisted men serve on gen­ martial, after the court is fully consti­ time it will cause a great deal of incon­ eral or special court-martial cases. We tuted, perhaps officers having been venience to the appointing authorities. have provided that the man may have brought from long distances in order to Mr. KEATING. Mr. Chairman, will enlisted men if he requests it in writing. constitute ·the court, at the very last the gentleman yield? ·n seems to me the rights of the enlisted minute he can say, "I decide I want en­ Mr. CROW. I yield to the gentleman man are fully protected. We gave great listed men on the court." Then the case from New York. thought and study and discussion to this goes over. Mr. KEATING. What would be the whole subject in the committee, and I think it is perfectly fair and· rea­ effect, in the gentleman's opinion if the . came to the conclusion that the rights sonable for him to be required to make amendment were adopted, if the en­ of an accused person was fully protected his request. You understand that in listed man did nothing? Unless he ex­ if he had the right to select enlisted men this bill we give him the right to coun­ pr~ssed his consent, would he not then to serve if he wanted them. - It seems to sel, even in the preliminary investigation. be tried solely by a court of officers? · me that we have gone just as far as it is He has the right to counsel from the very Mr. CROW. Not necessarily. I · be­ necessary in order to protect the rights first moment they suspect him. That lieve it should be required to have en­ of the accused by requiring him to make has not been true in the past. Now he listed personnel on the court. the request in .writing. As a matter of has a lawyer from the very beginning. Mr. KEATING. It does not strike me fact, I do not think he is· as fully pro­ Mr. JENKINS of Pennsylvania. Mr. · that way. It seems to me, as the gentle­ tected under the gentleman's suggested Chairman, will · the gentleman yield? man from Ohio has said, that this amendment as he would be under the Mr. ELSTON. I yield to the gentle­ amendment does a disservice to what we section of the bill as read. man from Pennsylvania. are trying to accomplish, and for this Mr. KILDAY. Mr. Chairman, will the Mr. JENKINS of Pennsylvania. May reason: Under the proposed amendment, gentleman yield ? I ·point out that the first sentence as if the enlisted man .remained silent and Mr. ELSTON. I yield to the gentle­ written by the committee merely desig­ did nothing, then it seems to me he would man from Texas. nates the enlisted personnel as compe­ be tried by a court of officers; he would Mr. KILDAY. I believe it will be tent to sit on the court. It does not say have to be. Now, under the bill as it found that the hearings reflect· the fact they shall or shall not. The amendment reads, the thing i> brought right up to 180 CONGRESSIONAL RECORD-HOUSE JANUARY 14 his attention, "Do you want enlisted men not think that is any protection to him I personally am in favor of this on your court? If you want them, you at all. amendment and hope it will be adopted. must ask for them in writing." As the Mr. FULTON. Mr. Chairman, will the The CHAIRMAN. The question is on gentleman from Texas has said, he is · gentleman yield? the amendment offered by the gentle­ advised by counsel from the very start, Mr. CROW. I yield to the gentleman man from Pennsylvania [Mr. FuLTON]. and one of the first things his counsel from Pennsylvania. The question was taken; and the Chair would say to him would be, "Do you want Mr. FULTON. May I read exactly how being in doubt, the Committee divided enlisted men on your court? If you do, the amendment will read: and there were-ayes ·36, noes 43. ~~t~p~~u~~~~ If~u~ No enlisted person shall without his con­ So the amendment was rejected. not, then you do not sign the paper." sent be tried by a court the membership of Mr. FULTON. Mr. Chairman, I offer It seems to me that that protects him which does not include enlisted persons to an amendment. thoroughly and much more effectively the number of at least one-third of the total The Clerk read as follows: membership of the court. than would happen under the proposed Amendment offered by Mr. FULTON: On amendment. Therefore, he does have enlisted per­ page 4, line 7, strike out "a[.e." Mr. CROW. It might protect him if sons unless he consents otherwise. they approach it in that way, if the de­ Mr. CROW. It would not be an offi­ Mr. FULTON. Mr. Chairman, very fense counsel asks him whether he wants cer court to try an enlisted man unless he briefly, this section means that when them. But, do they always do that? consented to it. I think that is correct. appointing courts martial they are to Could he not change his mind the day Mrs. ROGERS of Massachusetts. Mr. pick those best qualified for duty by he walked into court merely for the pur­ Chairman, will the gentleman yield? reason of age, training, experience, and pose of delaying the case? Mr. CROW. I yield to the gentlewom­ judicial temperament, according to the Mr. KEATING. Under the bill as pre­ an from Massachusetts. committee version. My amendment sented to us by the committee, as I un­ Mrs. ROGERS of Massachusetts. Did ·· simply strikes out the word "age." Will derstand it, if the man on trial wished not General Doolittle suggest that. four someone on the committee please tell to have enlisted men on the court to try enlisted men sit on the court? me whether the older ones are supposed him he could request that at any time Mr. CROW. It has always been my to be better than the younger ones, and prior to the convening of the court, and understanding that his committee did what age is going to supply, simply in and they would have to comply with, his re­ suggest that. of itself, as a qualification for serving on quest. That is the w~y I think it Mrs. ROGERS of Massachusetts. He courts martial? should be. testified that before our committee. I Mr. ELSTON. It gives some discretion Mr. CROW. But he certainly would understood that would be his recom­ in the selection of members who are to have that right under this bill. mendation. serve, so that they can take into con­ Mr. ELSTON. Mr. Chairman, will the · Mr. CROW. That is right. sideration whether they are youthful or gentleman yield? Mrs. ROGERS of Massachusetts. I mature. That is all it means. The com­ Mr. CROW. I yield to the gentleman happen to know that in many courts manding officer thus would not haNe to from Ohio. martial no legal man acted as a repre­ take an enlisted man, regardless of his Mr. ELSTON. Could he not also sentative of an enlisted man. I hap­ age. Bear in mind that in time of war change his mind under the amendment pened to work a good many .years with we may be drafting boys who are 18 years which the gentleman is referring to and the prisoners, both the disabled pris­ of age and the commanding officer or not give his consent until the court had oners and the others, the detached men, convening officer may feel that they are been convened? and I felt that they did not have the not mature enough to serve on such a Mr. CROW. No. I do not think he proper representation. One man I know board. It is a protection to the accused would have anything to say about it. It of, who gave a leg for us, was sentenced that such a qualification· can be taken says here that the enlisted personnel to life at hard labor. into consideration. must be on the court. Mr. CROW. I can agree with the gen­ Mr. HUGH D. SCOTT, JR. Has not Mr. ELSTON. Mr. Chairman, will the tlewoman from Massachusetts. I was the gentleman been in Congress long gentleman yield further? very active during the war on courts enough to know that age in itself is a Mr. CROW. Yes. martial, and I have had some experience qualification? Mr. ELSTON. You will notice we in that. Mr. FULTON. But not when you are went so far as to provide that the ac­ The CHAIRMAN. The time of the younger. cused person shall, in all cases subject to gentleman from Pennsylvania has ex­ May I say that if thfs word "age" is general and special court martial, have pired. left in the ~ill. it will bP. assumed l:.ly the benefit of counsel, who shall have Mr. McCORMACK. Mr. Chairman, I people in the field that it means old age the same legal qualifications as the law . ask unanimous consent that the gentle­ and that the older they are, that is the officer of the court. Are we not to as­ man be permitted to proceed for three more reason why they should be on the sume that counsel is going to give to the additional minutes. courts martial. We who have been in accused person the benefit of the best The CHAIRMAN. Is there objection the service do not want appointments advice that he can and is going to advise to the request of the gentleman from on the basis of age. I have seen gen­ him that he has the right to have en­ Massachusetts? erals in the Army 37 or 38 years of age listed men on the court? Are we going There was no objection. and with due deference to the commit­ to assume that counsel is going to give Mr. ANDREWS of New York. Mr. tee, I think that Army generals of the him incorrect advice in all cases? Chairman, will the gentleman Yield? age of 38 have probably cut their eye The CHAIRMAN. The time of the Mr. CROW. I yield to the chairman teeth enough to serve on a court martial. gentleman from Pennsylvania has ex­ of the Committee on Armed Services. Mr. KEATING. Mr. Chairman, will pired. Mr. ANDREWS of New York. Is it not the gentleman yield? Mr. CROW. Mr. Chairman, I ask inconceivable that any enlisted man ap­ Mr. FULTON. I yield. unanimous consent to proceed for two pearing before the court, this provision Mr. KEATING. I would agree with additional minutes to answer that ques­ being in the Articles of War, is not going the gentleman that they should not put tion. to know, either through counsel or other­ all old men on the courts martial and The CHAIRMAN. Is there objection wise, that he has the right to request en­ if that was the effect of the wording to the request of the gentleman from listed personnel on that court? Why, as it now stands, I would be opposed to Pennsylvania? it is inconceivable. it. I do not agree, however, with that. There was no objection. Mr. CROW. I do not think the Ar­ It seems to me it gives a wide latitude Mr. CROW. I would like to answer ticles of War means anything in that in the matter and that if a young man the chairman of the committee. He connection. I have been in the Army is being tried, this gives him protection states that they will all have legal coun­ and have heard them read every 6 in the matter of taking into considera­ sel; all perfectly qualified. Now, if you months, and I have seen the enlisted men tion the age of the ones on the court. read the bill it says, "if available." I · sleep through the whole thing. Most of I do not agree that it would be inter­ think in most cases you will find that the enlisted men do not know what is in preted to mean that only old men should legal counsel is no[· available, and I do the Articles of War. be appointed to the court. I wonder if 1948 CONGRESSIONAL RECORD-HOUSE 181 it is not true, and might I ask the chair­ whi.ch is admittedly an immaterial fac- Mr. ELSTON. I want to be certain man of the subcommittee whether it . tor, when the training and experience of about what the gentleman's amendment was not also intended that youth as well the individual should be the true crite­ seeks to cover. as old age might be a consideration in rion, then you will have a perversion of As I understand the first part it is, with appointing them? the word "age" by people in the field the exception of a few words, identical Mr. ELSTON. Yes, there was no de­ that will be used to create discrimination with the amendment offered by the gen­ sire to exclude youth. But there might between individuals that should not tleman from Pennsylvania [Mr. FULTON]; be cases in which the convening author­ exist. Age is not necessarily synonymous is it not? ity might feel that the enlisted man was with wisdom. I cannot see anything that Mr. CROW. I am not offering the too young and not mature enough to act is gained by including the word "age" in first part as an amendment. The Clerk as a judge in the trial of a serious case. the legislation. For that reason I sup­ read that because I did not ·get a chance · That is all. port the gentleman's amendment. to tell him not to read it. I am offering Mr. McCORMACK. Mr. Chairman, The CHAIRMAN. The question is on the amendment to add to section 4. will the gentleman yield? the amendment ·offered by the gentle­ Mr. ELSTON. The last part is that Mr. FULTON. I yield. man from Pennsylvania [Mr. FuLTON]. which the gentleman is now offering. Mr. McCORMACK. It seems to me The amendment was rejected. Mr. CROW. That is right. that the gentleman's amendment is one Mr. CROW. Mr. Chairman, I offer an Mr. ELSTON. That is identical with that ought to receive very serious con­ amendment, which is at the Clerk's desk. the language employed in section 5 on sideration. The question of training The Clerk read as follows: page 10. and experience and judicial tempera­ Amendment offered by Mr. CRow: Mr. CROW. That is correct. ment seems to me to be the important Page 3, line 22, place a period after the Mr. ELSTON. All the gentleman's thing. We have an age limit of 21 years word "persons" and strike out "when re­ amendment would do would be to move before anyone can take the bar exam­ quested in writing by the accused at any the language from page 10 and insert it time prior to the convening of the court. ination, for example. I was an enlisted When so requested" on page 4. man in the First World War and had Line 24, change the small letter "n" in the Mr. CROW. That is correct. l3en a lawyer for several years before word "rio" to a capital letter "N ." And on Mr. ELSTON. In fact, it would not that. I do not know whether I was page 4, line 2, add the following: even be moved if the gentleman's qualified from the angle of training and "No enlisted person may sit as a member of amendment were adopted in its present experience and judicial temperament, a court martial for the trial of another en­ form, but it would appear in both places. and so forth, but nevertheless it seems listed person who is assigned to the same Mr. CROW. I have another amend­ to me there is something in what the company or corresponding military unit." ment to strike it out at one place and gentleman says with reference to this Mr. ELSTON. Mr. Chairman, I make add it as another section. question of age. Furthermore, the a point of order against the amendment Mr. ELSTON. Is there any reason other requirements, training and expe­ because the first part of the amendment · why it should be on page 4 instead of rience and judicial temperament, are the has already been passed upon. The sec­ page 10? real thing. ond part of the amendment is in another Mr. CROW. I have read a lot of law. Mr. FULTON. That is right. I agree section of the bill. I iike to see substantive law written in with the gentleman. Mr. CROW. Mr. Chairman, I agree a regular, well-ordered sequence, related Mr . . McCORMACK. The question of that the first paragraph, as the amend­ things coupled together and not scat­ age would be involved in that. · If it is ment was read, was the original amend­ tered in different sections of the bill. specifically put in, then there are going ment made by the gentleman from Penn­ Mr. ELSTON. Could you not go to to be rules and regulations passed, and sylvania [Mr. FULTON] but I submit that one section as well as to another to being a mandate of Congress, it seems to the amendment which I am here to dis­ find it? me that would have to be considered and cuss now is the second paragraph on page Mr. CROW. That is correct; but they would have to determine some par­ 4, line 2, adding the following after that when I look at that section of the bill ticular age below which they could not paragraph. which states who may . sit on courts consider the appointment of anyone to The CHAIRMAN e of the gentleman, because my amendment what the holdings may have been under 1948 CONGRESSIONAL RECORD-HOUSE 183 this provislon, but it should be disturbed for any conscientious Member of this view to the contrary. To qualify, one as little as possible. House, in view of the number, bulk, and must spend years of arduous study and Mr. MATHEWS. Mr. Chairman, will technicality of the bills we have to con­ training. And yet, an army which so the gentleman yield? sider, the vast amount of committee work highly regards the utility, necessity, and Mr. FULTON. I yield to the gentle­ and the innumerable other duties de­ efficiency of the members of the Surgeon man from New Jersey. volving upon him, to ever find himself General's Office seemed to have no such Mr. MATHEWS. What would happen in a position to give the thorough study conception about the members of the in the case of a high-ranking officer he would like to any bill, except perhaps Judge Advocate General's Department. where circumstances existed so that you those from his own committee. • But what would happen if a soldier who could not get the one-third you are talk­ Section 8 of this bill particularly ap­ had a cold in the head, or bad appendix, ing about? What would he do, languish peals to me. It amends article 11 of the were required to undergo treatment for in jail, or would no charges be preferred Articles of War, to provide among other that cold by a Signal Corps officer, or to against him, or would he never be tried, things that trial judge advocates and have an ordnance officer perform an or what? defense counsel of general courts martial appendectomy upon him? Yet, when his Mr. FUI.~TON. How does the gentle­ shall, if available, be members of the reputation, property, liberty, and even man mean that? Judge Advocate General's Department or life is at stake, he is given an infantry, Mr. MATHEWS. Exactly as it is officers who are members of the bar of a cavalry, or artillery officer to defend stated. · Federal court or of the highest court of them. Mr. FULTON. If you have an admiral, a State of the United States, and that That has been the situation heretofore unless there are other admirals that will where a trial judge advocate is such an and is one which the present bill is de­ sit in trial on this particular admiral, officer, defense counsel shall be likewise signed to remedy to some extent. What enough to constitute two-thirds of the such officer. further steps may need to be taken must court, I do not want the admiral tried. I The provisions of this section, coupled await experience under the present act if do not want the admiral tried by a court with section 46 of the act which amends it becomes law. composed entirely of ensigns, which can section 8 of the National Defense Act, as With regard to section 26, providing be done under article 16 as now stated. amended, providing for a separate Judge for a board of review and judicial coun­ I want it limited to two-thirds men of Advocate General's Corps, mark an en­ cil, these being innovations, again ex­ equal or higher rank. couraging step in advance, provided that perience only .will demonstrate their Mr. MATHEWS. What are you going the Secretary of War and the Congress effectiveness. to do with him in the meantime, until see to it that this Judge Advocate Gen­ The allowance under certain circum­ you can get him tried? eral's Corps is sufficiently numerous and stances of enlisted men to sit on courts Mr. FULTON. Any admiral can be efficient to provide qualified personnel to try enlisted men may be of some help, tried by other admirals, and any general for the reasonable carrying out of the but I do not share the-optimism of some by other generals. provisions of section 8. Members that this will create great re­ Mr. MATHEWS. The circumstance I My own experience as a division judge form. It seems to me that the benefit mention is that they are not available. advocate of a National Guard division, will be largely psychological. Mr. BUCK. Mr. Chairman, I move to as well as a civilian defense counsel for I do hope, Mr. Chairman, that my strike out the last word. an accused person · before a military belief that this act, and particularly sec­ Mr. Chairman, I take this time to sug­ court, has demonstrated that both the tion 8, wm be beneficial to the adminis­ gest to the committee the desirability of accused and· the United States suffered tration of justice in the Army will be clarification of nomenclature. In the greatly by the fact that not only did realized. first place, the bill involves the Depart­ lihe officers act as trial judge advocates The CHAffiMAN. The question is on ment of the Army. At the bottom of and defense counsels, but that at times the amendment offered by the gentle­ page 4 we find mention of the Territorial even officers of other departments were man from Pennsylvania [Mr. FULTONJ. Department. In line 5, on page 5, we compelled to act as law members of gen­ The amendment was rejected. have the Judge Advocate General's De­ eral courts because of the shortage of partment. Then to cap it all, over on Judge Advocate Department personnel. Mr. FULTON. Mr. Chairman, I offer page 45 we have ·the Judge Advocate Many times the rights of the accused an amendment. General's Corps. were not adequately protected by reason The Clerk read as follows: Mr. ELSTON. If the gentleman will of the fact that defense counsel, although Amendment offered by Mr. FuLTON: On yield, perhaps the gentleman was not earnest, honest, sincere, and diligent was page 8, line 8, strike out "or the custom of here when a number of committee inadequate to protect all those rights by the service." amendments were offered changing the reason of being untrained for that pur­ Mr. FULTON. Mr. Chairman, may I names of the departments. The reason pose. On the other hand, convictions say by way of explanation of my several is that this bill was reporkd out before which should have been obtained were amendments that I did not . know this the Unification Act was passed, and lost because of the same situation apply­ bill was coming up this quickly. I had when the War Department was known ing to trial judge advocates. been in Europe and had examined quite as the War Department instead of the Cases have been improperly prepared a few camps for the purpose of making. Department of the Army. and deserved convictions lost because in­ comments and suggestions to the com­ Mr. BUCK. Does that take care of vestigating officers were not qualified for mittee. However, I find that the bill the Territorial Department, too, and the that work and, particularly, not familiar has come up, so it is necessary that these Judge Advocate General's Department? with the laws of evidence. suggestions of mine be made as quickly Mr. ELSTON. I think the . amend­ Frequently time consumed both in in­ as possible at this time because this is ments that were offered took care of vestigations and in trials could have been the only time they will get a hearing. everything. shortened by technically trained per­ This amendment is to page 8, line 8, Mr. MATHEWS. Mr. Chairman, I sonnel as investigators, trial judge advo­ striking out the words "or the custom move to strike out the last two words. cates, and defense counsel. of the service." It would then read, Mr. Chairman, I shall vote for this It has been a manner of astonishment "provided that general courts martial bill. But I ~all the attention of the to me that this situation existed as long shall have power to impose any punish­ gentleman from Pennsylvania to the fact as it did, but during peacetime the ap­ ment authorized by law, including a bad that this act applies only to the Army, propriations for the Army were cut so conduct el.ischarge." I am willing to and the Army wm not be trying admirals. much that it was only natural for it to have in the law every punishment that From the study I have been able to reduce personnel in the Judge Advocate the general courts martial shall give, make of H. R. 2575 , the present bill to General's Department because of the but they should not do it by what they amend the Articles of War and to im- . mistaken view among so many military might term "general customs of the serv­ prove the administration of military jus­ men of the uselessness of officers of that ice." I think we should be specific when tice, I believe that the Committee on the Department. we come to these serious offenses and we Armed Services has done an excellent The legal profession is a profession should have expressed in the law what piece of work. It is humanly impossible of high standing, despite some popular the penalties and sentences may be. 184 CONGRESSIONAL RECORD-HOUSE JANUARY 14 Mr. ELSTON. Mr. Chairman, I rise Mr. FULTON. Mr. Chairman, this adopt this amendment and see that it in opposition to the amendment. I re-. particular amendment is to provide that never occurs again. gret that the gentleman from Pennsyl-. no United States serviceman when he is The CHAIRMAN. The time of the vania did not have the time or oppor­ sentenced to confinement shall be con­ gentleman has expired. tunity to read the hearings or he, per­ fined with enemy prisoners or any other The question is on the amendment haps, would not have offered his amend­ foreign nationals outside of the conti­ offered by the gentleman from Pennsyl­ ment. I refer to page 2038 of the hear­ nental limits of the United States. vania [Mr. FuLToN]. ings, where this question was asked of Mr. KEARNEY. Mr. Chairman, will The question was taken; and on a divi­ General Hoover: the jentleman yield? sion (demanded by Mr. FuLTON) there Mr. ELSTON. I wonder li you could enlarge M'F. FULTON. I yield. were-ayes 34, noes 16. on the term "or the custom of the service"? Mr. KEARNEY. I am quite interested So the amendment was agreed to. This was General Hoover's answer: in the statement the gentleman has just Mr. BURLESON. Mr. Chairman, I made and would like to ask the gentle­ have an amendment on the Clerk's desk. General HooVER. That is meant to cover man if he has any information that any I wish to withdraw the amendment on the types of punishment that are customarily used by court martiaf; but are not expressly soldier of the United States Army while page 10, because that has been covered authorized by the Articles of War. For ex­ awaiting trial and under charges has by the amendment o:fiered by the gentle­ ample, a dishonorable discharge is not ex­ been in confinement with enemy troops man from Pennsylvania [Mr. FULTON], pressly authorized by the Articles of War, in time of war? but I have an amendment on page 11, nor is detention of pay, reprimand, or ad­ Mr. FULTON. Yes; I have such in­ line 22. monition. The thought is that the term formation. I saw them myself this sum­ The CHAIRMAN. The Clerk will re­ "custom of the service" will authorize those mer in the same cage as German prison­ port the amendment. punishments which are now recognized by ers. I saw our own troops in the Pisa The Clerk read as follows: the Manual for Courts Martial. The only disciplinary training center, not only in limitation that we have in the Articles of Amendment offered by Mr. BURLESON: Page War is with respect to cruel and unusual th~ same place with enemy troops, but in 11, line 22, at the end of the sentence, add punishments. · Of course, that limitation the same bar:bed-wired cage, which was "It shall be the duty of·any person subject would remain. about 50 by 200 feet long. to military law, in obtaining any statement In addition to tha( at the same disci­ from an accused to advise him that he does Mr. FULTON. With the understand­ plinary training center I have seen not have to make any statement at all re­ ing that it is ~PeGifically understood' that American boys in a barbed-wire cell, garding the offense of which he is accused the words "or the custom of the service'' about 10 by 20 feet in size, confined im­ or being investigated and that any state­ excludes unusual or degrading punish­ ment by the accused may be used as evi­ mediately next to an Italian prisoner of dence against him in a trial by court ment, I ask unanimous consent to with­ war who had shot down in cold blood martial." draw my amendment. American fliers who had been captured The CHAIRMAN. Without objection, in Italy during the war. So that I have Mr. BURLESON. Mr. Chairman, in it is so ordered. seen both German and Italian prisoners most of our State jurisdictions, when a· There was no objection. of war right next to American prisoners man is placed under arrest he must be Mr. FULTON. Mr. Chairman, I offer of war. warned of the offense against him before an amendment, which is at the Clerk's he gives a written confession. As he desk. In addition to that, at the same disci­ gives a written statement, it devolves plinary training center, at Pisa, I have upon the offi.cer taking that statement The Clerk read as follows: seen men held for months under physical Amendment offered by· Mr. FuLTON: Page punishment conditions who were not to advise him that any statement he may 9, line 5, ,atrike out beginning with the word even tried yet. They were deprived of make can be used against him on the "Provided" to the end of the section. beds; they were deprived of sufficient trial of the o:trense of which he is Mr. FULTON. Mr. Chairman, I have clothing for their boards; they were accused. been advised by the committee since pre­ forced to sleep on boards. They were In the case of men charged with an paring this amendment that this is the put under this disciplinary training, got­ offense against military law I have seen same practice that has been used by the ten up for special inspections, forced to this thing happen, and you can visualize Navy in summary courts martial, is that do work as if they had already been con­ it: A boy has committed some offense. correct? And that it has worked satis­ victed. I said to those boys when I was at An officer goes dow to investigate. I factorily there. So that if this is specifi­ that training camp, "I will try to see first have been that officer-asking for his cally put in, to carry out the custom that · that you are not confined with these statement, asking what he . has done, has been practiced by the Navy without enemy prisoners and certainly that you and so forth, and asking him all the lead­ going beyond it, and the committee will are not punished before you have been ing questions he can think of. The boy so assure us of that, I will withdraw my sentenced." does not know his legal rights. He will amendment. Mr. KEATING. Mr. Chairman, will give a statement. Some of the questions Mr. ELSTON. I have been informed the gentleman yield? are very leading. Oh, I know someone of that fact, but we cannot give you Mr. FULTON. I yield. will say ''You ·wm be fair about those assurance. Mr. KEATING. Did the gentleman things.'' In reply I say you are playing Mr. FULTON. Well, with the under­ take this matter up with the command­ a game, you are working for the pros­ standing that it is the intention of the ing officer of the area? I refer to this ecution; and I repeat that I have been committee and in view of the debate here question of confinement with alien on both sides of the table-and you that that is the thought, I ask unanimous prisoners. would like for your side to win. Finally consent to withdraw my amendment. Mr. FULTON. I may say I took it up it becomes a game. You lawyers know The CHAIRMAN. Is there objection with the lieutenant colonel in charge of how it works. to the request of the gentleman from the disciplinary training center, and I I feel that when anyone authorized to Pennsylvania? said I was shocked to find it. Then, on take statements from an accused inter­ There was no objection. the relief of the other general in charge rogates him for that purpose that he Mr. FULTON. Mr. Chairman, I offer of Italy, I took it up with a very fine gen­ should tell the accused that any state­ an amendment, which is at the Clerk's eral, General Janes, and he said he was ment he makes m~y be used against him d~~ . sorry that such had occurred and would on the trial of the offense with which he The Clerk read as follows: , see that it did not in the future; that is charged. Amendment offered by Mr. FuLToN: Page those things occasionally occurred. I hope, Mr. Chairman, that the com­ 10, line 15, after the period insert the fol­ Now I want it in the Articles of War, mittee may accept this amendment. I lowing new paragraph: to see that it never occurs again, because believe it is entirely fair, and I feel that "No person subject to military law shall when you find American prisoners not . if the accused is apprised of his rights be confined with enemy prisoners or any justice will not be harmed. other foreign national outside of the conti­ even segregated from Nazi prisoners, us­ nental limits of the United States, nor shall ing the same toilet facilities, in the same Mr. KEATING. Mr. Chairman, will any defendant awaiting trial be made subject bar.bed-wire enclosure, with no separa­ the gentleman yield? to punishment or penalties other than con­ tion, being forced to associate with peo­ Mr. BURLESON. I yield. finement prior to sentence on charges a~ainst ple they were just fighting against shortly Mr. KEATING. I wish to say to the him." before, perhaps the committee had better gentleman that I thoroughly agree with 1948 CONGRESSIONAL RECORD-HOUSE 185 this particular amendment. I hap­ Mr. GOFF. It is already provided for ously contend that one of his witnesses pened at one time to defend a young man by the Articles of War. should sit as a member of a court mar­ overseas charged with a very serious Mr. BURLESON. With that I cannot tial. crime. By the time he got to me he had agree. You, like some of the other gen­ Mr. ELSTON. Whether it is in the already. given four different statements. tlemen here, must be indulging in some bill or not, it is perfectly obvious they All of them differed. There was no con­ presumptions. Perhaps there are vague would not permit any officer to sit in sistency between any two of the four. references that may be interpreted, but judgment if he were going to be a wit­ You can say that the fellow ought to why speculate and theorize on these ness for either the prosecution or the have gotten life imprisonment-which matters which are so desperately funda­ defense. We see no objection to it being he did-but it is our duty to protect the mental. written in the law. rights of an accused boy like that just The CHAIRMAN. Without objection, Mr. NORBLAD. Mr. Chairman, will as we do in our criminal proceedings in the amendment offered by the gentleman the gentleman yield? civilian life. I like the gentleman's from Texas is agreed to. Mr. KEATING. I yield to the gentle­ amendment and feel that something l\1:r. GOFF. Mr. Chairman, I object; man from Oregon. along that line ought to be adopted. it is already provided for. Mr. NORBLAD. For the gentleman's Mr. JENKINS of Pennsylvania. Mr. The CHAIRMAN. The question is on information, that is a new section added Chairman, will the gentleman yield? the amendment offered by the gentle­ to the present Articles of War. Mr. BURLESON. I yield. man from Texas. Mr. KEATING. I did not know about Mr. JENKINS of Pennsylvania. May The amendment was agreed to. that and thank the gentleman. I say that I was the investigating officer Mr. KEATING. Mr. Chairman, I offer Mr. MACKINNON. Mr. Chairman, in the case to which my friend the gen­ an amendment. will the gentleman yield? tleman from New York just referred. I The Clerk read as follows: Mr. KEATING. I yield to the gentle­ thinlt he will also say that the defendant Amendment offered by Mr. KEATING: Page man from Minnesota. in that case was in advance of the in- .­ 4, line 14, after the words "for the prosecu­ Mr. MAcKINNON. If the gentleman's vestigation warned of his rights and told tion" insert "or defense." amendment is adopted, is he not going that he was entitled ·to counsel. Mr. KEATING. Mr. Chairman, I to place it in the hands of the accused to Mr. KEATING. If my distinguished think it might be quite possible the mem­ practically name his court? I can fore­ friend from Texas will yield further, I bers of the committee on both sides · see that the actual situation which will want . to say that as long as my dis­ would be willing to accept this amend­ arise many times, if the amendment is tinguished friend from Pennsylvania was ment after an explanation of it. adopted, is that the accused will be tried in the case the boy was told of his rights; We have heard a lot here today about by members of his own battalion or com­ but before it ever got to the distinguished protecting the accused, which is certain­ pany, and if he indicates he wants to call gentleman from Pennsylvania the boy ly entirely in order and much to be de­ any particular member of the court as had already been interviewed by a ser­ sired; but, like all lawsuits, there are two a witness, even though he would only give geant, a lieutenant, and two or three sides to these cases. The prosecution, as evidence as to the character of -the ac­ others, and his story was never the same well as· the defense, should have ample cused, then that man could . not be ap­ in any two instances. protection. In the present wording it is pointed to sit on that case. Mr. BURLESON. I suggest that the provided that nobody shall sit as a mem­ Mr. KEATING. That is right. gentleman from New York and the gen­ ber of a court martial when he fs the Mr. MAcKINNON. Does not the gen­ tleman from Pennsylvania continue the accuser, which is obvious, or when he is tleman think that result would work a trial of this case at some other time; but a witness for the prosecution; but he perversion of the present court-martial that is a good illustration of how it can could still sit there if he were a witness procedure or any fair court-martial happen and of the fact that it has hap­ for the defense. procedure? pened time and time again. · Mr. ELSTON. Mr. Chairman, will the Mr. KEATING. In answering the Mr. JENKINS of Pennsylvania. May gentleman yield? gentleman, may I ask him a question? I say in that connection that I, like the Mr. KEATING. I yield to the gentle­ Does not the gentleman think it wou!d gentleman from New York, am in hearty man·from Ohio. be a perversion of justice for a defense suppo_rt of the gentleman's amendment. Mr. ELSTON. Of course, in drafting witness in the case to sit as a member of Mr. ELSTON. Mr. Chairman, will the this bill we were seeking to give every the court. martial? gentleman yield? protection to the accused. We never Mr. MAcKINNON. I think so if he Mr. BURLESON. I yield. thought of any case where the accused were testifying as to matters involving Mr. ELSTON. As I understand the would object to having one of his wit­ the commission of the crime, but in these gentleman's amendment it is to assure nesses sit in judgment on him. We see cases before military courts you get to the accused the same right a civilian has no objection to the amendment. the matter of character evidence to a who is charged in the civil courts with a Mr. KEATING. He may not object, ·greater extent than in the ordinary civil crime, of being told that any statement but the prosecution might object. cases. They very frequently rely upon he may make may be used against him. Mr. MATHEWS. Mr. Chairman, will testimony from members of the court Mr. BURLESON. That is right. the gentleman yield? and members of their own command. Mr. ELSTON. I have no objection to Mr. KEATING. I yield to the gentle­ For instance, they place a man's service the amendment. man from New Jersey. record in evidence, usually through the Mr. RIVERS. Mr. Chairman, will the· Mr. MATHEWS. Does the gentleman officer having custody thereof. In fact, gentleman yield? · know whether the language now ap­ they consider many matters of character Mr. BURLESON. I yield. pearing in the bill is the same as in the and the performance of duty that ordi­ Mr. RIVERS. We have no objection to present Articles of War? narily would not be considered in a crimi­ the amendment on this side. · Mr. KEATING. I am without knowl­ nal trial in civilian courts and which do Mr. GOFF. Mr. Chairman, will the edge on· that point but if the Articles not go to the question of the commission gentleman yield? of War at present read that way, in my of the offense. I can see a great deal Mr. BURLESON. I yield. opinion, they are wrong. I do not think of good that might come from the gen­ Mr. GOFF. I thought at first that what a defense witness ought to sit on a court tleman's amendment, but it strikes me the gentleman proposed was a different martial. · that this might open up an avenue of rule than what had been applied, but Mr. MATHEWS. It is a fact, however, a.buse that could be used to delay a proper actually this is the rule that has always that the present Articles of .War contain consideration of these matters. It would been applied by the Judge Advocate Gen­ the same language as is in the bill? place a weapon in the hands of counsel eral and is the very rule ·that is being Mr. KEATING. I cannot say. for the accused where he could prac­ applied now. Mr. MATHEWS. If the gentleman's tically· name his own court in many in­ Mr. BURLESON. May I say that I amendment is adopted, perhaps he is stances. did not intend to suggest that it· had taking away something. from the ac- Mr. KEATING . . My judgment is that never been used, certainly not; but in so cused. · no matter what the character of the many cases it is not used that it should Mr. KEATING. That may be, but I witness' testimony might be, whether it be made mandatory. do not believe any accused could seri- goes to the merits of the proceeding or 186 CONGRESSIONAL RECORD-HOUSE JANUARY 14 iu the nature of character evidence or the man. He could not simply use the your rank is on this court-martial work; specialized or expert evidence of any ruse of subpenaing everybody on the you have to know your business or you kind, the witness giving that evidence.on court and then prevent them from will get a licking in the lawsuit. . behalf of one of the parties to the law­ acting. Mr. JENKINS of Pennsylvania. That suit should not also sit in judgment on Mr. KILDAY. Do you not understand is correct. Therefore, this amendment the accused. that under the provision we have that would leave the respective parties to rest Mr. CROW. Mr. Chairman, will the if a member of the court shows up who is upon the ability of their counsel. With gentleman yield? a witness for the prosecution, all the de­ reference to the case to which my dis­ Mr. KEATING. I yield to the gentle­ fendant would have to do would be to tinguished friend from New Ymk refers, .~r..an from Pennsylvania. say, "I challenge that member of the this amendment would not touch that Mr. CROW. If one of the members of court," and he would have to stand aside. situation at all, because this amendment the court were going to act as a charac- · But, you are making it a statutory is designed to protect the accused, and ter witness for the accused, does the ground of disqualification. the case to which the gentleman refers, gentleman not think that he should dis­ Mr. KEATING. If he is a witness. In as I understand, was where counsel for qualify himself from sitting on the court? other words, if he is called as a witness the accused was of a rank superior to Mr. KEATING. I certainly do. to give testimony he is going to get some that of the counsel for the prosecution. Mr. JENKINS of Pennsylvania. Mr. witness that aids the prosecution or the Mr. KEATING. Let us consider just Chairman, will the gentleman yield? defense. He might ju~t use this as a the opposite of that case. It does not Mr. KEATING. I yield to the gentle­ · ruse to get out of it. seem to me you are helping the accused man from Pennsylvania. Mr. KILDAY . . Does the gentleman in any way by forcing him to have as Mr. JENKINS of Pennsylvania. Not take the position that a character wit­ his attorney, over his objection, some­ only should he not sit, but if he is a wit­ ness for the prosecution, perhaps for body of high rank. He might select a ness and does sit he, in effect, we~ ·ghs the the injured party to a transaction, would well-qualified lawyer who was a lieu­ credibility of his own testimony. be competent to sit on the court mar­ tenant. Mr. KEATING. That is correct. tial under the provision we have here? Mr. JENKINS of Pennsylvania. The The CHAIRMAN. The time of the Mr. KEATING. No. counsel appointed ·must be of at least gentleman from New York has expired. Mr. KILDAY. I do not think he would equal rank. The accused can choose Mr. KILDAY. Mr. Chairman, I rise in be. other counsel if he so desires, and the opposition to the amendment. · Mr. KEATING. No. , bill so provides. Mr. Chairman, I am afraid we are los­ Mr. KILDAY. I think the converse Mr. KEATING. I understood that the ing sight of' a very important matter in would be true if the amendment is adopt­ gentleman answered my inquiry by say­ connection with criminal procedure. If ed, that the defendant would not have to ing it was mandatory for the defense this amendment should be adopted, any go to trial unless he wanted. counsel to be of as high rank as the defendant up for court martial who does Mr. KEATING. It certainly was not . prosecuting attorney. not want to go to trial can avoid trial my intention to have that result, and I Mr. JENKINS of Pennsylvania. for an indefinite period of time. We am inclined to disagree with the gentle­ Where the defense counsel is appointed have had situations here in the District man that that would be the effect of by the convening authority. This is an in which the defendants have disquali­ the amendment. amendment to that part of the section fied one judge after the other, and very The CHAIRMAN. The question is on on page 7 which states that in all cases effectively avoided trial, so that if this the amendment offered by the gentleman in which the officer appointed as Trial amendment is adopted the defendant from New York [Mr. KEATING]. Judge Advocate shall be a member of can subpena every member of the court, The amendment wa~ rejected. the Judge Advocate General's depart­ and when they are relieved because of Mr. JENKINS of Pennsylvania. Mr. ment, and so forth, the officer appointed disqualification under this amendment, Ch~irman , I offer an amendment. as defense counsel shall be of the same he can subpena everybody appointed on The Clerk read as follows: professional qualifications and of equal the new court. In adopting rules of Amendment offered by Mr. JENKINS of rank. criminal procedure in all of the States it Pennsylvania: On page 7, line 14, after the Mr. BURLESON. Mr. Chairman, will is necessary to see to it that the de­ words "United States", insert the following: the gentleman .yield? fendant is forced to go to trial. We lose "Of a rank not less than that of the trial Mr. JENKINS of Pennsylvania. I sight of that here because of the fact judge advocate." yield to the gentleman from Texas. that we have seen men who have been Mr. JENKINS of Pennsylvania. Mr. Mr. BURLESON. I am in agreement held in confinement for a long period Chairman, the purpose of this amend-. with the gentleman and am going to sup­ of time, and I am afraid we are losing ment is very obvious; namely, to see to port his amendment. However, I have sight of the fact that one of the most it that the rank of the attorney repre­ seen some enlisted men that were quite difficult things in criminal cases is to get senting the accused shall not be less able. to appear before a court-martial the defendant into court and get him than the rank of the prosecuting officer. board, and I would hope that a provision ready for trial. In civil courts we have to I thin!{ it is quite obvious to all the men might be inserted in the bill to enable overrule or grant all the motions to which who have been in the service that very them to do so. However, I do not expect he is entitled. His first motion for con­ frequently a junior officer is imposed to offer such an amendment. tinuance is almost invariably granted, upon and somewhat awed by the superior Mr. JENKINS of Pennsylvania. The and then he can generally fix up the rank of his opponent. This merely holds amendment (toes not in any way prohibit second one. As I said in my opening re­ even the scales of justice in the actual or limit the accused in the right of select­ marks, the constitutional right to a trial of the case as between the accused ing his own counsel. He can select an speedy trial is the one most frequently and the prosecution. enlisted man if he so desires. waived by the defendant. This would Mr. KEATING. Mr .. Chairman, will Mr. CROW. Mr. Chairman, will the very effectively block trial of any de­ the gentleman yield? gentleman yield? fendant who did not want to go to trial. Mr. JENKINS of Pennsylvania. I Mr. JENKINS of Pennsylvania. I Mr. KEATING. Mr. Chairman, will yield to the gentleman from New York. yield to the gentleman from Pennsyl­ the gentleman yield? Mr. KEATING. Does the gentleman's vania. Mr. KILDAY. I yield to the gentle­ amendment make it mandatory that the Mr. CROW. I call the gentleman's man from New York. defense counsel must be of equivalent attention to the words on the bottom of Mr. KEATING. I never intended to rank with the prosecution counsel? page 6, line 25, "if available." Does not create a schism between the two sides Mr. JENKINS of Pennsylvania. Yes. that control the whole thing? If they of this committee by this simple amend­ Mr. KEATING. I can conceive of are not available, then they do not have ment. Does the gentleman feel that cases, and perhaps the gentleman would to be of equal rank. simply by subpenaing a member of the be familiar with such cases, where a de­ Mr. JENKINS of Pennsylvania. That court that would disqualify that member fendant would be represented by a colo­ states that both the Trial Judge Advo­ from sitting? My idea is that it would nel who did not know half as much as cate and defense counsel shall be mem­ be necessary for him to show what he the lieutenant who was on the other side. bers of the Judge Advocate General's was going to prove in order to disqualify In other words, it does not matter what department, if such officers are avail- 1948 CONGRESSIONAL RECORD-· HOUSE 187 able. I would interpret that as referring martial case. We should not have been feet, but ~t was rather long and I with­ to that particular phraseology. discussing it, of course, but we were, and drew it. I agree with the gentleman . Mr. NORBLAD. Mr. Chairman, will he referred to "our side" several times. that each member of the court should be the gentleman yield? Finally I said, "What do you mean 'your examined as an individual, as to whether Mr. JENKINS of Pennsylvania. I side'"? He said, "The ship's side. The he has such bias or prejudice that it yield to the gentleman from Oregon. station's side." I asked him if he had would take evidence to remove· it. Mr. NORBLAD. Where I was located ever served on a jury in civilian life, and But, to hasten to another point I wish overseas, in a base of some 3,000 men, he said he had not. I said, "You do to make, court-martial board members there were two attorneys. One was a not have a side." He said he never heard should be the sole judges of the credibil­ lieutenant and the other was ·a captain. of such a proposition. He was an offi­ ity of the witnesses: I ask my good friend How would we ever get a case tried under cer in the United States Navy, but he from Texas how one, reviewing a written those circumstances? had never heard of being an impartial page, could give any credence to testi­ Mr. JENKINS of Pennsylvania. There juror. Is it not possible that people mony or be a judge of human nature, or would be no prohibition, as I have said, might never have heard of such a thing? the credibility of the testimony given by against the accused's selecting anybody They should be definitely and clearly an individual while he was testifying he desired. instructed on these matters. The lay­ under oath on the witness stand. You, Mr. NORBLAD. He might have to man cannot be expected to have studied from experience, know that you have a select a captain who was not a lawyer these matters. Why presume and risk right, both as an attorney and as. a. rather than take a lieutenant who was grave error. juror, to appraise the character and de­ a lawyer, in a case like that. Mr. KEATING. 'Mr. Chairman, will meanor of a witness giving testimony, as Mr. JENKINS of Pennsylvania. I be­ the gentleman yield? to whether he is telling the truth, and to lieve that is true. Mr. BURLESON. I yield. judge the force that is to be given to his Mr. NORBLAD. That would be very Mr. KEATING. Does the gentleman testimony. I think that should be in­ ineffectual. assume that an officer of the United corporated in the law. The CHAIRMAN. The question is on States Army might be equally unin­ The CHAIRMAN. The time of the the amendment offered by the gentleman formed about that? gentleman from Texas [Mr. BURLESON} from Pennsylvania [Mr. JENKINs]. Mr. BURLESON. I would suspect has expired. The question was taken; and, the Chair that it is entirely possible. Mr. ELSTON. Mr. Chairman, I rise being in doubt, the Committee divided Mr. Chairman, to come to my next in opposition to the amendment. and there were-ayes 11, noes 24. point. The theory of reasonable doubt So the amendment was rejected. is recognized for just what it is, that if I think it is perfectly obvious that we Mr. BURLESON. Mr. Chairman, I there is a reasonable doubt in the mirids cannot undertake in the committee to offer an amendment. of those serving upon the court-martial write a complete code of procedure so far The Clerk read as follows: · board, as to the guilt of the accused, the as court-martial cases are concerned, in the limited.time we have at our disposal. Amendment offered by Mr. BuRLESON: On doubt should be resolved in favor of the page 14, after the sentence in line 2, add the accused. The degree of punishment or With respect to the amendment offer­ following: the degree of guilt has nothing in the ed by the gentleman from Texas [Mr. "It shall be the duty of the law member world to do with it. It makes no dif­ BuRLESON] nobody wants to see any man. of a general or special court martial before ference whether he is deprived ·of his tried by a .court martial deprived of the a vote is taken to advise the court that the liberty for 1 day or for 6 years; The presumption of innocence, or to see him accused must be presumed to be innocent principle is the same. If there is a rea­ convicted unless there is evidence ad­ until his guilt is established by legal and duced against him beyond a reasonable competent evidence beyond a reasonable sonable doubt, it should be resolved in doubt, and that in the case just considered, favor of the accused. doubt. . I do not believe any case was if there is a reasonable doubt as to the guilt Mr. JOHNSON of Oklahoma.· . Mr. called to our attention where that did of the accused, the doubt shall be resolved Chairman, will the gentleman yield? happen. Moreover, this amendment is in the accused's fa·ror and he shall be ac­ Mr. BURLESON. I yield. not confined to the presumption of inno­ quitted; if there is a reasonable doubt as to Mr. JOHNSON of Oklahoma. We cence and reasonable doubt features. the degree of guilt, the finding must be in a hear much said about Army justice or Under the provisions of this bill the lower degree as to which there is no such findings of the court are reviewed by the doubt; that the burden of proof to establish military justice being on a par with what the guilt of the accused is upon the Govern­ we find in civilian life. Is it not true convening authority, who has complete­ ment. that if this instruction as contained in authority to set aside any sentence, in "That each member is the sole judge of the your amendment were not given by a its entirety, if it cares to do so. After creditability of the witnesses and the weight judge in a civilian trial it would con­ that it goes before a board of review, and to be given their testimony, but the inter­ stitute a ·reversible error in most juris­ then to the Judicial Council, and the Ju­ pretation of law they shall receive from the dictions if an appeal was taken on that dicial Council has the power to review law member, and shall be governed thereby. the evidence. If the council finds that And provided further the law member shall ground? . instruct other members of the court martial Mr. BURLESON. In all jurisdictions witnesses who testified against the ac­ that in case the accused has filed applica­ that I know anything about, and I just cused were not credible witnesses it has tion for a suspended sentence, in the event know about a few of · them-! know the right to reject the testimony and to he is convicted or he has pleaded guilty, they enough to convince me that it is a princi­ set aside the conviction or modify it. shall in their discretion grant or reject the ple of law that we find all through,our So it seems to me the rights of the ac­ suspended sentence application and so say by judicial system, that always the doubt cused are fully protected, in fact, more their verdict." is resolved in favor of the defendant. fully protected than in the civil courts. Mr. BURLESON. Mr. Chairman, this Mr. WILLIAMS. Mr. Chairman, will because there many courts of appeal do amendment embodies three fundamental the gentleman yield? not have the right to pass upon the elements. The first is the theory of the Mr. BURLESON. I yield. weight of the evidence. Such courts presumption of innocence. This is so Mr. WILLIAMS. I am certainly . in must take the position that the trial fundamental that it is recognized in all accord with the gentleman's remarks court, having seen and heard the wit­ matters dealing with life and liberty of and I shall certainly support his amend­ nesses, is in the best position to judge individuals everywhere. This spells it ment. However, I · do feel that the the credibility of the witnesses. In this out. This defines it. This makes it amendment does not go quite far enough. case we go further than that and give definite and removes it from speculation. I feel that the question should be used in the Judicial Council the right to pass It definitely says that the court-mar­ qualifying the persons who sit on that upon this question. We have thrown tial board must be instructed to that board, before they are qualified to sit unusual safeguards around the_accused. effect. Some of the Members have re­ on the board. and I believe we might do a disservice to cited personal experiences. Permit me Mr. BURLESON. I agree· with the accused persons if we undertake to write to recite my own personal experience gentleman and I think perhaps the ac­ a complete code of procedure here on hurriedly. I know of one case. We cused and his counsel should have the the ftoor of the House. were sitting in a tent out on a little is­ right to challenge every individual mem­ Mr. JOHNSON o·f Oklahoma. Mr. land in the Pacific and I was talking to ber of the court-martial board. I had a Chairman, will the gentleman yield 'l a fellow about his service on a court- provision in the amendment to that ef- Mr. ELSTON. I yield. 188 CONGRESSIONAL RECORD-HOUSE JANUARY 14. Mr. JOHNSON of Oklahoma. I am time and brains that have gone into this Mr. KEATING. I am glad to say that not unmindful of what you gentlemen on bill, and a lot have gone into it, it is not I am thoroughly convinced by the argu­ the committee have done in this bill. a perfect bill and it will not be perfect ment the gentleman has made. You have done a very commendable job. even though you adopt a great many Mr. MORRIS. I thank the distin­ I am for your bill, whether this is agreed amendments. Mr. Chairman, I observed guished gentleman from New York. to or not, but to say that the time ele­ . once before in this House and I observe The CHAIRMAN. The time of the ment enters into it is a poor argument, again, honestly and truly, I do not believe gentleman from Oklahoma has expired. because we are now, after about 150 there is anything sacrosanct about a Mr. JOHNSON of Oklahoma. Mr. years, trying to write a bill under which committee's report even though it be the Chairn1an, I rise in support of the pend­ a man's libuty can be taken from him. finest committee in the House with the ing amendment. · I do not care how much review is made most honest and sincere group of people Mr. Chairman, as I told the chairman possible under this bill, when a court is involved; still, there is ho perfection and of the committee awhile ago I think this not advised of these two or three basic there should not be any objection to a is a good bill. It is certainly better than fundamentals of our system of justice, good amendment when it is offered, and the system we have operated under up when it comes up to review they do not I say this is a most excellent amendment, to date. But that is still no reason why, know what the court thought which sat in my judgment. when a good amendment is offered,· one in this case. I think certainly this in­ When I was a district judge, and I tha ~ is fundamental under either mili­ struction should be given the court, be­ served nearly· 10 years on the ben·ch, tary or civilian justice, the committee cause undt'r existing conditions it is not every time I tried a man accused of crime should not accept it, as I see the matter. given, and you have men sitting on the I instructed the jury that he was pre­ I served as a TJA in the Army and I court who never heard of these things sumed to be innocent until that presump­ for one know, and they can talk until before. tion was overcome and that every rea­ they are black in the face about military They rob a man of his life, of his lib­ sonable doubt of his guilt must be re­ justice, that it stinks. I have been on erty; and you could appeal it till king­ solved in his favor. Had I not so in­ both ends of it, as a prosecutor and de­ dom come and they still would not re­ structed the jury the higher court would fense counsel. You try to rectify that verse it because they do not know what have reversed me, as it should have, be­ in this bill. Right here in connection the court had in mind when it assessed cause it must be impressed upon the with this one amendment I see no reason the sentence. You have got to reach minds of the jury that that is the funda­ why we should not write this in so ·that men's minds, and if they are advised of mental law of the land, that a man is the members of the court just before that just before they pass sentence I entitled to the presumption of innocence they vote, in some instances they may certainly think that the defendant would until his innocence is overcome by com­ be taking a man's life or taking his liber­ come nearer getting justice than he petent and legal evidence beyond a rea­ ty for many years, should not be re­ wou}d when you have a bunch of laymen sonable doubt. Just why there should be minded of these most simple and basic like these in this last war sitting there objection to incorporating this principle fundamentals in the American or ahy taking men's lives who had never heard here in our military law is beyond my other system of justice. It is inconceiv­ of these things. conception. You admit it is a part of the able to me that the committee will not Mr. JENKINS of Pennsylvania. The fundamental law. Then why not put it accept it or that it will be voted down. gentleman from Ohio says he did not re­ in here and require that those who sit in I · hope that the amendment will be call having presented to the committee judgment upon a man be informed of agreed to. any instance where the substance, at that fact so there can be no question but Mr. KILDAY. Mr. Chairman, I rise in least, of such instructions was not.given. what they will know it is the law? There opposition tQ the pending amendment. In my capacity as executive officer of an just cannot be, as I see it, any sound Mr. Chairman, the discussion of this establishment here in thP. United States argument against this amendment. As amendment. has all centered around the I detailed an officer of the command to was stated by two or three gentlemen first paragraph of it. Of course, I agree serve as a.member of a court in the camp who have spoken previously here today, that the court and every member of it in which we were located. Shortly many of the men who sit upon these should know the law that the defendant afterward he came back to me and asked courts martial are not lawyers. is presumed to be innocent, and that pre­ to be relieved of that detail by reason They may be very brainy, very smart sumption remains throughout the trial of the fact that when the court went into men, but ordinarily they are not lawyers or until overcome by competent evidence closed session and he endeavored to dis­ and they do not understand all these beyond a reasonable doubt. I have no cuss the evidence he was told by the things unless they are told. You cannot particular objection to that being incor­ president of the court that he was not operate a linotype machine and I can­ porated into the Articles of War, al­ there to discuss 'the evidence, he was not either. There are thousands of though I do not believe it to be necessary. there to con viet. things I cannot do. If I come into a The Articles of War do not spell out all I think that all of us feel that these strange field where I am not acquainted, of the procedure in detail. They deal fundamental concepts of our law should I appreciate an expert in that field tell­ mostly with the formation of the court, be retained in the manual of court mar­ ing me something about it. the definition of offenses, the punish­ tial. They provide for a great deal of Why anybody would object to a lawyer ment, and things of that kind. This is in It, but this particular right is in the or some one instructing this body that the court-martial manual, and I see no fundamental basic law. is going to pass upon the liberty and objection to it going into the Articles of Mr. MORRIS. Mr. Chairman, I move maybe the life of a man as to what his War. to strike out the last word. fundamental rights are is beyond my Mr. Chairman, this amendment has a Mr. Chairman, I believe it was the old conception. Why the objection to it? great deal more than that in it. It goes Roman philosopher, Seneca, who said It cannot hurt, and certainly if it is the on to say- "Haste trips up its own heels, stops and law, they ought to know what the law That each member is the sole judge of the fetters itself." I realize we have many is and should not sit there in ignorance creditability of the witnesses and the weight important things to do and that our time of the law when in a very simple way to be given their testimony, but the inter­ is valuable here, but after all this is an pretation of law they shall receive from the they can be advised what the law is. I law member, and·shall be governed thereby. extremely important matter and ought do not see any reason why the amend­ And provided further, the law member shall to challenge our most careful attention ment should not prevail. instruct other members of the court martial and a reasonable amount of our time. Mr. KEATING. Mr. Chairman, will that in case the accused has filed application We ought not to be hasty, in my judg­ the gentleman yield? for a suspended sentence in the event he is ment. Mr. MORRIS. I yield to the gentle­ convicted or he has pleaded guilty, they shall I want to compliment this committee man from New York. in their discretion grant or reject the sus­ in taking what appears to be a very fine Mr. KEATING. The gentleman has pended sentt;nce application and so say by forward step in the administration of made a very persuasive argument on their verdict. justice in the services of our country, the this subject. I cannot understand why The latter part of this amendment Army, the Navy, the Air Force, and so we should not incorporate in this bill changes entirely the concept of courts forth; but, Mr. Chairman, I call your what is recognized everywhere as the ma1tial. We are providing in this bill attention to the fact that nothing on this fundamental law. that on interlocutory matters the ruling earth is perfect; and regardless of the Mr. MORRIS. Yes. of the law member shall be final and 1948 CONGRESSIONAL RECORD-HOUSE 189 binding on the court, but that does · not Mr. DINGELL. Mr. Chairman, I move 93 percent of it would go to persons with apply to anything else. It does not apply to strike out the last word, and ask unan­ incomes under $5,000 a year. It would as to the judgment, as to whether he is imous consent to proceed out of order. take 10,300,000 taxpayers with low net guilty under the law and the evidence. The CHAIRMAN. Is there objection incomes off the tax rolls entirely. These All of the members of the court must pass to the request of the gentleman from persons have little, if any, means to pay on that. Challenges, motions for di­ Michigan? taxes, except at the expense of their rected verdict, and pleas of insanity, all There was no objectio·n. health and that of their dependents. those things pass out of the hands of the Mr. DINGELL. Mr. Chairman, I have To reimburse the Treasury for the cost law member. But the law member is not just introduced a bill to put into effect of this necessary relief to the small tax­ the judge in the sense that in our civil the tax recommendations made in the payer, the bill provides for the reimposi­ courts we divide the functions of the President's message on the state of the tion of a reasonable excess-profits tax. judge as the trier of the law from the Union. The rate is 75 percent on profits in excess jury as the trier of the facts. This bill would provide a cost-of-living of 135 percent of prewar profits plus an And again we import in here a lot of tax credit of $40 for each individual in­ exemption of $50,000. This liberal pro­ things which are unnecessary-the im­ come taxpayer and for each of his de­ vision exempts the smaller corporations portation into the .court martial of the pendents, and would make up the reve­ and places the burden where it should right of the trial court· to grant sus­ nue loss by reimposing an excess-profits properly fall. The corporations whic.h pended sentences. There are provisions tax. The excess-profits tax would be at would be subject to this tax are the ones for suspension of sentence on review, and a lower rate and after larger exemptions making large profits and· can afford to matters of that kind. I think it is a very than those in effect during the war pe­ riod. It would·apply to only a relatively pay it. dangerous practice for us now to pass on The bill, taken as a whole, provides re­ an . amendment of this kind which small number of corporations-probably less than 22,000 in all-which are making lief which has been made necessary by changes the fundamental concept of the pressure of rising living costs, yet it courts martial by taking away from the large excess profits during this period of members of the court, except the law inflationary pressures and rising living does not add to the forces making for member, decisions as to law and import­ costs. further increases in these costs. In both ing an entirely new type of restraint to As the President said in his message, of these respects, it contrasts with the be imposed. this is no time for a general tax reduction. Republican tax-reduction bill. That bill . Mr. BURLESON. Mr. Chairman, will The cost-of-living credit provided by this would give less relief at the lowest income the gentleman yield? bill has been made necessary by the levels, where it is needed most, yet would Mr. KILDAY. , I· yield to the gentle­ steady increase in the level of consum­ drastically reduce Federal revenues and man from Texas. ers' prices-32 percent since the $500 per so force up living costs still further. Mr. BURLESON. Does the gentleman · capita tax exemption was first set in May Of the 360,000 taxpaying corporations see any great danger in conferring the 1944. The benefit of the credit would go for this year, 22,000 would be affected by right on a ccurt martial to grant sus­ almost eJ:?.tirely where it is most needed; this bill. pended sentences? · Estimated number of taxable-income recipients and their total individual income tax Mr. KILDAY. The gentleman and I under present law 1 and under the proposed cost-of-living tax-adjustment credit bf $40 have both practiced in Texas exclusively, per capita, distributed by net income classes, in cale::ndar year 1948 and that is the sort of thing we are used !Assuming personal income of $200,000,000,0001 to down there, but. I would hesitate a , 'umber o1 income recipients in thousands; money amounts in millionsj great deal to say that our· court of crim­ inal procedure was the best ever con­ Number oftaxable·incomerccipients Total tax 2 ceived. The question of suspension of sentence and probation are matters that Under the $40 per capita tax credit generally lie entirely within the realm of Made non­ Taxable those who deal with the law phases of N ct income class (COO) Taxable Under Decrease from present under taxable by under the law the situation. present the $40 per $40 per present Mr. BURLESON. If it is left to the law capita tax capita tax law Amount credit credit Percent- discretion of a board away up the line of Amount age dis- command, all the way up-- tribution Mr. KILDAY. I cannot yield further, because I want to answer the gentleman. Under $1______. ______15, 832.7 2, 742. 6 3, 090. 1 $252. 1 $79. 7 $172. 5 5. 4 $1 to $2 ______20, t83. 1 4, 882. 4 15,700. 7 3, 039. 6 2, 057. 7 981.9 30.6 Mr. BURLESON. All the way up to $2 to $3 ______15,096. 3 2, 294.8 12,801.6 4, 182.0 3, 109.8 1,072. 2 33.4 Washington, why cannot the board on $3 to $4 ______------5, 750. 1 357. 1 5, 393. 0 2, 489. 4 1, 977. 7 511. 7 15.9 $4 to $5 ______2, 512.9 65.9 2, 447. 0 1, 561. 6 1, 311. 6 250.0 7.8 the ground exercise its judgment? ------Mr. KILDAY. When we provide board Under $5.------49,775. 2 10,342. 7 39,432. 5 11, 524. 8 8, 536. 5 2, 988. 3 93.0 review on the credibility of the witnesses, $5 to $10 ______1, 463. 2 ------1, 463.2 l, 626.5 1, 478. 8 147.7 4.6 my colleague is construing that as de­ $10 to $25 ______608.1 ------608.1 2, 464. 1 2, 405. 6 58.5 l.R priving the trial court of the ·right to $25 to $50 ______149.5 ------149. 5 2, 144. 2 2, 130.9 13.3 .4 $50 to $100 ______51.4 ------51.4 l, 878. 9 1, 874.4 4. 5 .I pass on the credibility of the witnesses. $100 to $250 ______10.3 ------10.3 980.0 979.2 .8 (') Of course, all trial courts pass on the $250 to $500 ______1. 3 ------1.3 321.8 321.7 .1 (') $500 to $1,000 ______.3 ------.3 177.7 177. 7 (3) (') credibility of witnesses. But, we have $1,000 and over ______.1 .1 124.9 124. 9 (3) (') gone further now and left the board of ------~ 5 and over ______review to say that they are not going to 2, 284. 1 ------2, 284.1 9, 718.1 9, 493.1 225.0 7.0 believe the witness; they are going to Grand totaL ______52, 059.4 10,342.7 41, 716. 6 21,242.9 18,029.6 3, 213.2 100.0 . pass on his credibility, and over a long period of years the courts of most of the 1 Internal Revenue Code, as amended by the Revenue Act of 1945. 2 Includes normal tax, surtax, and alternative -tax on net long-term capital gains. States have had questions of probation a Less than $50,000. and suspension handled differently, not 4 Less than 0.05 percent. by the trial courts, so I do not think at Treasury Department, Jan. 13, 1948. this late hour and in this manner we legal and competent evidence beyond a rea­ should import this new type of sentence Mr. KEATING. Mr. Chairman, I offer an amendment. sonable doubt, and that in the case just con­ into our military law. sidered, if there is a reasonable doubt as to The CHAIRMAN. The question is on The Clerk read as follows: the guilt of the accused, the doubt shall be the amendment offered by the gentle­ Amendment offered by Mr. KEATING: On resolved in the accused's favor and he shall man from Texas [Mr. BuRLESONJ. page 14, after the sentence in line 2, add the be acquitted; 1f there is a reasonable doubt following: "It shall be the duty of the law as to the degree of guilt, the finding must The question was taken; and on a di­ member of a general or special court martial be in a lower degree as to which there is no vision

190 CONGRESSIONAL RECORD-HOUSE JANUARY 14 Mr. KEATING. Mr. Chairman, the cate General's Corps are lawyers, I find The SPEAKER pro tempore. With­ purpose of this amendment is to en­ · that that is not written into the statu­ out objection, the resignation will be deavor to bring together my two fine tory law, at least I am so informed, but accepted. and distinguished colleagues from that it is so provided by administrative There was no objection. Texas. It is my hope that they will be order only. I think all .of us recognize able to see eye to eye on this problem the fact that those who are dealing with EXTENSION OF REMARKS now. This amendment strikes out the legal questions, .whether they be con­ . Mr. BONNER asked and was granted last paragraph of the amendment previ­ cerning the administration of justice or permission to extend his remarks in the ously offered by the gentleman from whether they be questions of claims RECORD and include an editorial. Texas [Mr. BuRLESON] . It endeavors to against the Government, or on behalf of Mr. KLEIN India carpets which, but a few years be­ ita is required, compared to the estimated by forbidding the export of raw wool. 1947 supply of 430 pounds, of which 403 It fore, their chambermaids would have thought was feared apparently that foreign too ordinary for them. pounds is fluid milk or cream. To fill hands might prove as skillful in the Another law, passed by Parliament in the gap of 227 pounds per capita ap..: weaving of the cloth as English hands, proximately 5,800,000 additional dairy and that the finished product would then 1720, was a measure of the failure of the earlier restrictive legislation in behalf of cows would be needed at the 1946 high compete with English woolens. To in­ rate of production per cow. crease wool's use, a law was passed that wool against calico. It was the most funeral shrouds must be wool. drastic of all and prohibited the purchase What caused the dairy farmer to di­ vert more and more of his product from Thus, for more than 120 years- and use of "printed, painted calicoes, the wearing of which manifestly tends to the butter production to whole milk? Leggett tells us in his Story of Wool­ great detriment of the woolen manufac­ It was the simple fact that he got more it was illegal to bury a person in any other turers of the Kingdom." money for one than for the other. shroud or covering than pure English wool. It would appear that this should have The average price paid for milk sold Not everybody liked this kind of legis­ been enough, once and for all, to kill the as fluid milk or cream during the 10- lation. As was said at the time: "This competition of cotton with wool, and year period, 1936-46, was about 74 cents law forces our dead to consume what the hence, as its proponents thought, to save per pound; for butterfat, about 37 cents living were inadequate to purchase." the wool industry. per pound. The prices paid for milk 1948 CONGRESSIONAL RECORD-HOUSE 195 for use in ice cream, cheese, and other would have gone into butter in 1947. lihood so largely depends, is not worthy products fell between these two levels. This is nearly one-fourth of the expected to compete in a free American market In other words it was twice as pro:fi:ta­ sales of fluid milk and cream. He points with butter. We are going to continue ble during this period for the dairy fann­ out that if the 13,500.000,000 pounds to restrict it and curb it and hamper it." er to sell his milk for whole milk lise as were diverted into butter that the total For more than a half a century that it was for him to divert it to butter man­ volume of milk for tluid milk and cream is what has been said by this C~ngress ufacture. sales would have to be reduced to the to the cotton farmers of the South whose As a result butter today is a minor volume consumed annually in 1935-39. cottonseed oil was used in margarine. factor in farm cash income and in the On a per capita basis, consumption would The cotton farmers protested in vain. income of dairymen themselves. Farm be substantially lower now than in the Their protests were drowned out by the cash income amounted to $24,519,000,- prewar years. clamor of the butter intereSts demand­ 000 in 1946. Butter and butterfat con­ From a nutritional standpoint and ing protection and special privilege for tributed about 2 percent of this amount. from the standpoint of the dairyman, their product. The butter interests were , Farm cash income from all dairy prod­ this shift from fiuid milk and cream sales well organized and they threatened ucts in 1946 amounted to $3,716.000,000. into butter production is undesirable. vengeance on any Congressman who Of this total, butterfat and farm churned What the trend away from butter pro­ wanted to do the fair and right thing. butter accounted for $549,000,000, or 14.7 duction and increase in the consumption And so butter, like wool in England, percent. It is interesting to compare this of ftuid milk and whole milk products remained a "petted and pampered" in­ last figure with the percent of their milk means is strikingly emphasized in Min­ dustry. But the butter industry was not which dairy farmers diverted to butter­ nesota. Ten years ago, approximately the gainer. There was no gainer. There fat use, which I cited ear1ier. This com­ 77 percent of Minnesota's milk produc­ were only losers-the low-income con­ parison shows that, although dairy farm­ tion went into the manufacture of cream­ sumers, the workingmen, the cotton, soy­ ers in 1946 disposed of 23.35 percent of ery butter. But in 1946 only 42 percent bean and livestock farmers and the coun­ their milk for butterfat, their income of the milk produced in Minnesota was try as a whole. from that amount was only 14.17 per­ used in the manufacture of creamery What this VICious discrimination cent of their total income from milk. butter. against margarine means to the poor An examination of the use of dairy The proportionately large production farmer of the South has been well stated products as milk or butterfat throughout of butter in prewar years indicated in by Oscar Johnston, preside.nt of the Na­ the country reveals that in certain sec­ reality a waste of milk-a huge quantity · tional Cotton Council, in testimony be­ tions butter is such a minor factor in the of skim milk being fed to animals-to the fore a Senate Agriculture Subcommittee dairy industry as to make the claim of loss both of the consumer and the dairy­ in June 1944. He pointed out that it the butter lobby that the industry's con­ man. was the poorest farmers, the sharecrop­ tinued prosperity depends upon the sup­ There still is entirely too much think­ pers and the tenants, upon whom these pression of margarine an absurdity. ing in the terms of scarcity economics in antimargarine laws laid ·the heaviest In 1946, for example, the northeastern some dairy industry circles. Some peo­ burden. The mortage against the ten­ region, Pennsylvania, New Jersey, New ple still regard buttter production as a ant's crop, drawn to assure payment of York, and the New England States­ possible refuge for the industry, if income funds advanced him to make the crop, produced over 18,000,000,000 pounds of declines and people are forced to curtail ordinarily did not cover cottonseed. mille Of this amount, only 3.61 percent milk consumption. On the 9ther hand, The seed, he testified, frequently pro­ was disposed of as butterfat. the increasing awareness of the value of vided the source of income on which All indications are that butter will be­ milk from a nutritional and health the .farmer lives. . come increasingly less important in the standpoint would tend to keep milk con­ The discrimination against margarine over-all dairy picture. I have read re­ sumption comparatively high even if has curtailed the use of cottonseed, has cently a very significant speech by W. A. there should be a business recession. decreased their value and thereby has Wentworth, vice president of the Borden The real interest of the dairy indus­ taken millions of dollars out of the pock­ Co., at a meeting of the Minnesota Ice try lies in expanding its market for fiuid ets of the neediest farmers in America: Cream Manufacturers Association in St. milk and in selling its extremely valu­ · The butter industry would have you Paul. Mr. Wentworth dealt in figures, able products in ever increasing quan­ not emotion and prejudice, and these fig­ believe that the fight over margarine is tities at reasonable prices. This is in still largely a fight between the cotton ures clearly indicate to me that butter the best interests of the industry and producing South and the dairy industry, is likely to become less and less impor­ of the Nation as a whole. It is evident, The consumer of course has been ignored tant to dairymen. therefore, that dairymen no longer are because he was unorganized. Mr. Wentworth pointed out that in the dependent upon butter and that butter prewar years, 1935 to 1939, an average But, as I have indicated, this is no will be less and less important to the longer a struggle between the cotton of 58,515,000,000 pounds of milk was used industry. in the production of fiuid milk and cream, South and the butter interests, even if we There will continue to be, of course, a do not take the consumer into account. cheese, ice cream, evaporated milk, con­ market for butter. It is preferred by densed milk, and whole milk powder. In The soybean farmers, many of them many people and always will continue to living in the Middle West, are in this 1947 approximately 84,640,000,000 pounds be regardless of the fact that margarine of milk were used in the production of is as good nutritionally and will sell for fight, too, standing side by side with the fiuid milk and cream, cheese, and the a cheaper price. But the dairy industry cotton farmers, demanding that these other whole-milk products mentioned. as a whole will not be hurt if margarine unfair antimargarine laws be wiped out. To .state it another way, 56 percent went greatly expands its present market. In Ersel Walley, president of the Ameri­ into the whole-miJ.k products before the fact, it will be helped if it pursues a can Soybean Association, recently made war; 70 percent of the milk produced is statesrr.anlike course and also expands this.statement: being used for the listed products now. its markets in its most profitable field, Modern margarine is a olean, nut ritious, On the other hand: Nation-wide butter that of whole fiuid milk and whole milk widely accepted product of American farms. production in 1947 will approximate 1,- products. It is the only food product on the American 700,000,000 pounds, which is 22 percent market upon which specific discriminatory It is interesting to observe that, for taxation has been levied. This discrimina ­ less than the average annual production the most part, .the greatest butter pro­ tion should be removed as quickly as possible. of 1935-39. If the population increase duction is in those areas where the soy­ is taken into account, the per capita con­ bean industry represents an increasingly In the 10-year period between 1936 sumption of butter is 31 percent less than important part of the farmer's income: and 1946, soybean production in the that of 1935-39; or in other words, only " Illinois, Ohio, Indiana, Iowa, Minnesota, United States rose from 33,000,000 b!J.sh­ about two-thirds as much butter per Missouri, and Kansas-to mention a few. els- to 196,000,000 bushels. In 1936, the capita was available in 1947 as in the pre­ Are the gentlemen who represent the value of soybeans harvested for beans war period mentioned. people of these States going to say to the was estimated at $520,000,000. In 1946 Mr. Wentworth points out that if suffi­ soybean farmers, who produce almost . the value was even higher. cient butter were produced to make pre­ 45 percent of the oil used in margarine, In Iowa, a leading dairy State, cash re­ war per capita consumption possible, "This food, into which so much of your ceipts for soybeans produced in 1946 were that 13,500,000,000 pounds more milk product goes and upon which your live- two-thirds o{ all dairy products. 'rhe 196 CONGRESSIONAL RECORD-HOUSE JANUARY 14 Iowa crop of harvested soybeans sold for will enable them to buy margarine to the makers of margarine, and to the $82,182,000; all Iowa dairy products, for already colored. consumers, should be bipartisan. I do $123,752,000. . These taxes and license fees. on mar­ not see how either the Republican or The value of soybeans produced in Illi­ garine are direct levies upon the con­ Democratic leadership can afford to nois in 1946 amounted to $183,243,000; sumer's pocketbook. They add to the identify themselves as standing against dairy products to $146,022,000. In Illi­ high c_ost of living at a time when one of the repeal of vicious, inflationary, un­ nois the value of the soybean crop is $37,- the country's chief concerns is infla­ American class legislation. 000 ,000 greater than the value of dairy tionary prices. Unfortunately, some of the measures products. Since 1939 the over-all cost of living taken by the Republican leadership of The Indiana soybean crop was worth has increased 60 percent. In 1939, ac­ this Congress have, in my opinion, con­ $56,897,000; the Missouri crop-$34,290,- cording to the Department of Agricul­ tributed materially to the rising cost of 000; and the Minnesota crop-$22,172,- ture, the weekly food bill for an average living. This is not the place or time for 000. household amounted to slightly more a bill of particulars on this subject. I I do not think all the Members of this than $6. In octoper 1947 it was more ·repeat that in this instance where the House are fully aware of the tremendous than $12. Today it is even higher. ·issues are startlingly clear once they are importance of the soybean industry to It is little wonder that housewives, examined squarely, I hope that right­ this country, of its amazing development anxiously trying to stretch their food thinking men in both parties will join and growth, and of its value to the farm­ budgets are demanding margarine at the together. The Eightieth Congress will ers of their own and other districts. I grocery stores of the country. And yet, bring credit upon itsel.f and do the entire have assembled some of this information due to these Federal-and State-anti­ country a service if it tears out these . and will be glad to give it to any Mem- margarine laws, more than half the antimargarine laws by the roots and ber who is interested in it. grocery stores in the United Statse do flings them where they belong-upon the There are districts I could cite in the not sell margarine, either colored or scrap heap of oblivion. so-called heart of the butter country uncolored. The SPEAKER pro tempore. Under where soybeans are a more important These are mostly the small independ­ the previous order of the House, the gen­ source of income to the farmer than but­ ent stores, operating on little capital, tleman from New York [Mr. CELLERJ is ter. And without a profitable market for afraid or unable to pay the fees and meet recognized for 15 minutes. the oil which comes from the soybean, the other restrictive requirements of the the farmer cannot economically produce law. And these are, generally the stores ARMS FOR PALESTINE JEWS that crop. I shall only add that in 1946, patronized by the lower-income groups Mr. CELLER. Mr. Speaker, when the soybeans contributed $600,000,000 to the whose need for an economical supply of United Nations decided on partition it farm income of the Middle West alone. vitamin-giving fat foods is greatest. was patent to all that the Moslem Arabs Soybeans are very important in the Margarine or butter is essential in the would not acquiesce. In fact the Mos­ whole food picture. For example, soy­ individual diet. The same Federal Gov­ lem · delegates from Iraq, f3audi Arabia, beans are an important source of protein ernment that tries to strangle margarine Yemen, Syria, Lebanon, Egypt, Iran, Af­ feed-essential for the production of with taxes and fees lists it as one of the ghanistan, stormed out of the Assembly . meat, dairy products, and eggs: seven basic foods. And yet combined Chamber at Flushing Meadows in high Soybean oil meal, as Mr. Walley points margarine and butter consumption for dudgeon when the President, Aranha, out, today leaves the processing plants 1947 is estimated at only 16 pounds per announced the vote for partition, 33 to at approximately the same price per person, considerably below previous nu­ 13. pound as is paid for wheat or corn by live tritional levels. These delegates had vowed vengeance. stock feeders. Only one retail grocer in a hundred They threatened dire violence. They . Yet-and it is important that the sells colored margarine; this is due, it is have now exhorted their nationals and Members of this House understand this true, to State as well as Federal laws. lashed them into a fury of malice, fact-one pound of soybean oil meal will But even in those States where. only Fed­ plunder, rapine, and assassination replace from 3 to 4 pounds of corn in the eral fees and taxes operate to restrict the against the Jews. They are sending livestock ration, and will, therefore, help sale of colored margarine less th'an 1 arms and armed men into Palestine to alleviate the critical grain shortage. store in 20 sells it. sabotage the decision of the United Na­ The expanded use o:f soybean oil meal The housewife wants to serve mar­ tions and make partition impossible. by livestock feeders thus offers a way to garine yellow. This is a matter of food They are even holding innocent Jews in meet the needs of the hungry peoples of tastes and food habits. Butter meets the Egypt, Iraq, Yemen, and Syria as hos­ Europe and of our own people, and, at consumer preference by using artificial tages and visiting upon them and their the same time, benefit the American coloring without penalty. The house­ loved ones cruelties to their persons and · farmer. wife has to mix the coloring and mar~ confiscation of their properties. But-and I want to stress this point­ garine herself. Certainly the Jews in Palestine have in order to get the soybean meal to the This is a time-consuming and waste­ the right to protection from the United chickens and the cattle economically ful process. From 2 to 2 V2 percent of the Nations. Great Britain refuses ade­ there must be a profitable market for the margarine is lost in the process of mixing, quate policing. The communal strife oil which is crushed out of the bean be­ thus about sixteen to eighteen million grows bloodier and more murderous each fore it becomes meal. pounds were wasted in 1947. It is also day. Great Britain deliberat~ly refuses The ability of the soybean industry to pro­ a totally unnecessary process. There is to curb the cutthroat bandits of the duce protein meal on an efficient basis- no reason, except these discriminatory Grand Mufti and denies the Jews the Mr. Walley says- laws, why all margarine should not be right of self-protection. Britain plays is contingent upon profitable usage of soy­ colored in the factory and sold to the the dog in the manger. She refuses to bean oil. This means that soybean oil, un­ consumers as they want it. recognize Haganah as lawfully consti­ hampered by outmoded restrictions, must go Yes, the antimargarine laws have their tuted. into food products in increasing quantities place in the total inflationary picture. Witness the shameful conduct of over a period of years. And right here, I want to repeat my Britain concerning besieged Jerusalem. I said earlier that the interests of the hope that the leade·rs of the Republican A horrible situation has been created in consumers had been -largely ignored on Party will not, as they have generally the very center of the Holy Land. The this question in the past because con­ done in the past, make a party issue out old city of Jerusalem, containing the sumers were unorganized. But I am sure of this struggle to repeal the antimar­ shrines of the three great religions is no Member of Congress believes today garine laws. In the past, efforts to get • under an Arab blockade. Arab bombs-, that, with butter selling around a dollar legislation to repeal the antimargarine grenades, knives, guns desecrate the a pound, that consumers are indifferent laws have met the united opposition of Holy City. Under the eyes of the British to the situation created by these dis­ the Republicans. This ·state of affairs and apparently with her consent several criminatory laws. If anyone doubts could not happen if the Republican lead­ hundred Arabs under the Grand Mufti what I say, make your own poll of house­ ers had been sympathetic to repeal. This have blockaded the gates of ·Jerusalem wives. You will find that they are over­ effort to give long overdue justice to the and have isolated 1,800 Jewish inhabi­ whelmingly in favor of legislation which ·farmers who produce domestic oils, and . tants living near the wailing wall. The 1948 CONGRESSIONAL RECORD-HOUSE 19'1 purpose is to starve and finally massacre Withal the Haganah has been ordered I read from the New York Times of them. to show uttermost restraint. '!'his they January 12 "Since the United Nations The British are taking no steps to do save under the sternest provocation. recommendations that Palestine be par­ avert a catastrophe. Even the Palestine They know that the Mufti's agents want titioned into Jewish apd Arab states re­ police are not permitted to pass Arab the rioting to proceed. Widespread out­ ports have come from Arab League coun­ road blocks, although the British mili­ bursts are grist to the Mufti's mill. tries of the recruiting, arming, and tary could dissipate these Arab desper­ The Jews can take care of their own, training of volunteer armies to resist the adoes in short order. if left unmolested and if the Grand proposal. An incursion into the Holy That is a typical example of how the Mufti is denied outside arms and men. Land by a force from Syria took place British are maintaining law and order. They have the leadership, courage, will, last Friday." What must the Jews do outside this and know-how, but arms and equipment These armies are equipped with Brit­ beleaguered area? Their patience is ex­ are desperately needed. ish guns, grenades, planes, and tanks. · hausted. They must try to break This anomalous situation must cease. Your hands are dripping with Jewish through the blockade to feed their The British version is that on May 15, blood, Herr Bevin. There is too much fat brethren and finally rescue them. That when they quit Palestine, the Jewish around your belly and as well around means more violence. militia can be recognized but not until your heart for you to be either just or How will Mr. Bevin excuse this British then. Until then Jews must be disarmed. compassionate. perfidy? Arms must be confiscated and those Our State Department has placed an Britain even refuses to allow the mem­ armed must be imprisoned. By May 15, embargo on arms against Egypt, Leb­ bers of the UN Palestine Commission to under such intolerable conditions the anon, Syria, Saudi Arabia, Trans-Jordan, enter Palestine, aJthough the Holy City Grand Mufti and the Arab League will Iraq, and Palestine. You will note is set aside in the partition plan as a have completed their dirty work. Jews Yemen is not included, nor is Pakistan separate unit. by the thousands will have been de­ included, nor is India included. These How will Mr. Bevin explain away his stroyed. Palestine might be ·Juden run. Moslem countries can buy unlimited flouting of the UN decision by allow­ I suppose Mr. Bevin presumes that on arms made in the United States, shipped ing such reign of terror in the City of May 16, the day after British evacuation, from the United States and sent to Peace? · arms in plenty will by some miracle de­ Yemen and Pakistan and India. And The Jews are willing to bear the brunt scend upon the Jews, if there are any then they can be routed to Palestin·e of the fighting, but Great Britain dis­ remaining, like manna from Heaven. Arabs. arms them and renders them impotent Well the game will not be played ac­ The embargo does not include lend­ to defend themselves. Jews ask for cordipg to Mr. Bevin's plans. Jews will lease jeeps and trucks, which are already Haganah the right of elemental self-de­ get arms by hook or crook. They must in many of those countries of the Middle fense. But Britain cruelly refuses that have arms to defend their hearth and East, and which can be readily turned right-thwarts this right-so that Ha­ home and their land. Otherwise the over to military uses. It does not in­ ganah men fighting to save their lives world would look upon them as spineless clude clothing and shoes which can be and that of the Jewish inhabitants, fight- jellyfish. They will fight and die with used for uniforms. Millions of dollars of . ing to save the decision of the United Maccabean courage. articles went into Saudi Arabia, Egypt, Nations, must hide their arms, must dis­ Meanwhile Bevin allows former British Iraq, Syria, Lebanon, and Yemen under appear or be shot down by British troops Indian Army officers to leave London lend-lease. They have very likely by as malefactors. Think of it. Shot for Palestine to fight the Jews. The this time found their way into Palestine down in cold blood in performing the . New York Times of January 12 reports to be used against the· Jews. ·duty that should be Britain's. Can the that some 4,000 British Army veterans Secretary General Trygve Lie in his United States which voted partition, have embarked as volunteers to fight address at the .first session of the UN voted for the Jewish state, remain com­ under the aegis of the Arab League. Ap­ Palestine Commission recalled that the plaisant and unmoved .bY such turn of parently Herr Bevin is now finicky about General Assembly had called on member events? I hope not. neutrality. He would undermine the de­ nations not to interfere with or in any Mr. GOFF. Mr. Speaker, will the cision of the United Nations. He would way impede the partition decision. By gentlerr...an yield? break the back of Jewish resistance by sending 4,000 British veterans, plus offi­ Mr. CELLER. I yield to the gentle­ strengthening the Arabs led by the Grand cers, to the Arabs in Palestine Herr Bevin man from Idaho. Mufti, who stabbed Britain in the back thumbs his nose at the Secretary Gen­ Mr. GOFF. Does the gentleman mean in Iraq when she was in most desperate eral. He says, in effect, to hell with the then that he wants American boys to be straits. decision of the General Assembly. sent over there? How Machiavellian a role Herr Bevin Let us examine our own efforts at Mr. CELLER. I did not say that. If can play is seen in the reports patrol these roads, or allow the Hagartah I have information from an accred­ from shipping to Arabs in Palestine to do it. The British refuse to risk their ited source that in the past few days American arms and planes and jeeps and men to patrol and refuse the requests of Britain sent to Iraq 150 armed vehicles, tanks. the Haganah. The roads, particularly 75 planes, 2,000 nonmilitary vehicles­ There is no embargo whatsoever im­ those leaving the winding, hilly country easily convertible to military uses. posed by Great Britain. For our State near Jerusalem, which are constantly These planes and cars are destined for Department to impose any embargo· used by the Jews, are traps ·for murder­ use in Palestine to subvert the UN de­ without similar action from London ers and snipers. The British police cision of a ~eparate Jewish state. leaves open plenty of arms to the Arabs, search all passengers and compel them Also the United States is reported to but closes the door to the Jews. to traverse unpatrolled highways un­ have sold to Iraq 150 Willys-Knight jeeps Thus, the American neutrality em­ armed. This is legalized murder. • And from surplus stocks, presumably for ci­ bargo is working like the neutrality did the British are guilty of complicity in vilian purposes. But United States jeeps in Spain. The embargo imposed by the the murder. are admirable for war against the Jews. western powers left the republican 198 CONGRESSIONAL RECORD-·HOUSE JANUARY 14 forces impotent while Franco got all the quantity of arms and ammunition sent by The task of doing it is that of the UN. arms he wanted from Hitler and Mus­ the Indian and Afghanistan Governments Only a force representing the authority soHni. and that the Secretariat is arranging for the of the UN may· cohvince the· Arabs that safe transfer of this consignment to Palestine. Now our State Department by the em­ If true, this action on the part of your Gov­ violence and murder will not defeat par­ bargo shuts off much needed supplies to ernment is a violation of the decision of the tition. the Jews, while the Arabs, with the aid of General Assembly of the United Nations on The United Nations must first put the Britain and American arms indirectly Palestine. Trygve Lie, secretary of the Jewish Agency through Haganah in a supplied through Turkey, Iran, Yemen, United Nations, has urged all nations to up­ position adequately-and successfully to or Pakistan, can mow down the Jews, hold the decision. I am sure that Trygve meet Arab onslaughts. The United Na­ render the UN decision a · nullity, and Lie and many friends of India in the United tions must make it possible for Haganah States will be shccked if you do not repudiate make of the Holy Land a Sodom and this reported violation of international com­ to have heavy and light arms and planes Gomorrah . . ity. India has much to gain from a strong and tanks and mortars. These can be The SPEAKER pro tempore (Mr. United Nations. Actions of this character supplied by the United States through HALLECK) . The time of the gentleman wound the prestige of the United Nations the United Nations. from New York has expired. to which India has, and is now in the act of Second, United Nations, through the Mr. CELLER. Mr. Speaker, I ask so applying, applied for redress of wrongs. Security Council, must set up an inter­ unanimous consent to proceed for 10 EMANUEL CELLER, national police force, totaling around additional minutes. Member of Congress, 50,000 men, with -2,800 planes; supple~ The SPEAKER pro tempore. Is there United States of America . . mented by an international fleet; includ­ o!:>jection to the request of the gentleman Assuredly we have the right to expect ing carriers, cruisers, and battleships. from New York? the United Nations to have some definite Then and then only will it be possible There was no objection. obligations in this ordeal by fire in Pales- · . for the Jewish state to come into being Mr. CELLER. Our neutrality is actu­ tine. These obligations must be respect­ without undue bloodshed. Then and ally inconsistent with our action in the ed and fulfilled. The UN must send a only then will the-United Nations justify United Nations. Neutrality in this in­ force into Palestine to defend its deci­ . its· existence. Then and t:Qen only will stance is no neutrality at all. It is sions; otherwise the house called UN the Arabs learn their lesson, namely, favoritism to one side-the Arab side. becomes a mere shambles. UN prestige that they cannot with impunity trifle By our so-called neutrality we play is at stake. Contingents of regular troops with a solemn decision of the United Bevin's game. He wants partition to or volunteers contributed by several of ,. Nations, of which they are members and fail and thereafter have United Nations the smaller nations, like Sweden, Bel­ whose edicts they have sworn tc obey­ ask Britain to remain in Palestine. gium, Norway, Brazil, Colombia, South not offend. By our neutrality we play the Grand Africa, and Mexico, might be sent to the Flnally, the crucial period comes be­ Mufti's game-the game; extermination scene without delay. Small nations tween May 15 and September 12, when and massacre of the Jews. would consent. These forces could work the British get cut and the Arab and I ::ead a very significant report that with Haganah. Jewish states come into being and are comes out of Egypt. It is in the form of Mr. GOFF. Mr. Speaker, will the given full independence. a cablegram sent from Egypt: gentleman yield? It i·s incumbent upon the Military Staff RozEl Yusef- Mr. CELLER. I yield. Committee of the Security Council to present their recommendations forth­ An important Egyptian newspaper­ Mr. GOFF. Would not the Soviet Union have a right to send in troops if with and for the Council to lose no time reports that Arab League secretariat has just these other nations sent in troops? in coming to a decision. now received a large quantity of arms and Mr. Speaker, I would like to insert, ammunition sent by the Indian and Afghan­ Mr. CELLER. I purposely left out the istan Governments. The secretariat is now Soviet Union in my remarks because I with the consent of the Members of the arranging for the safe transfer of this con­ did not want to touch on that problem. House, the text of a statement issued by signment to Palestine. The same paper re­ It is a very difficult one. It is hoped that the Jewish Agancy in connection with ports that the Mufti asked the Egyptian the United States and the Soviet Union, this momentous matter. Premier for permission to transfer to Pales­ China, France, Great Britain, and the The SPEAKER pro tempore. Is there tine all arms and ammunition acquired by other members of the Security Council objection to the request of the gentleman his agents and envoys in Egypt in the western from New York? desert and in Libya. might work out some arrangement. ·r do know they are deliberating on this There was no objection. Here is another part of the cablegram: matter. I do not know the outcome of Mr. CELLER. The text of the state­ Al Abram- their negotiations. Meanwhile the sit­ ment issued by the agency follows: Another Egyptian paper- uation is deteriorating, and it cannot The Jewish people of Palestine are in wait until the Security Council members desperate need of arms ·for their defense. states that the Egyptian Government allotted can get together on some sort of an The ex-Mufti of Jerusalem, who collaborated a half million Egyptian pounds as the first with Hitler in the destruction of 6,000,000 installment in support of Palestine Arabs agreement. The smaller nations have Jews in Europe, h&.'3 no\7 called the Arab fighting against partition. This sum was expressed a willingness to send volun­ world to arms to carry on his work of allotted from a secret budget of the Premier teers into Palestine for the purposes I massacre and extermination. Through his 11nd of the Foreign Ministry and is not part have outlined. So that I think the connections with the Arab League and the ~f the official budget. This was dor) in order United Nations should·avail itself of any Arab states, the Mufti has the facilities to to avoid the danger of a conflict with the offers made by the smaller nations and acquire arms and munitions for aggression Security Council or the General Assembly their willingness to send contingents into and invasion. fn the event that Egypt is accused of viola­ The Jewish Agency for Palestine has the tion of the General Assembly resolution or the Holy Land. If no offers have actu­ responsibilities of a state about to be born. gf the United Nations CB Charter. ally been made, then overtures to that It must protect the lives and homes of the end should be made to them. 700,000 men, wom~n. and children of Pales­ Al Mussawar- Mr. GOFF: Is not the Soviet Union tine. The United Nation's decision made no A third Egyptian paper- also offering to send troops in there? provision for an international force, but did provide for a Jewish militia to defend the ~tlJtes that all Egyptian officers have been Mr. CELLER. That I do not know, Jewish state and to maintain public security. ~ra:"lte' Affairs. Mr. HUGH D. SCOTT, JR. M·r. H. R. 4974. A bill for the relief of Mrs. Mary Speaker, we are very much honored to­ By Mr. REES: Capodanno and the legal guardian of Vinc-ent H. R. 4964. A bill to preserve seniority Capodanno; to the Committee on the. Ju­ day by the presence of the Reverend rights of 10-point preference eligibles in tbe diciary. Father Frederic P. Gehring, director of postal service transferring from the position . By Mr. LARCADE: the Vincentian missions in China, who of letter carrier to clerk or from the position· H. R. 4975. A bill for the relief of Joseph has just delivered the invocation. Like of clerk to letter carrier; to the Committee Thompson; to th'e Committee on the Ju­ so many celebrated men, he was born in on Post Office and Civil Service. diciary. Brooklyn. He was ordained at St.·Vin­ By Mr. ROSS: H. R. 4965. A bill to amend the Service­ By Mr. POTTS: cent's Seminary, in Germantown, which, men's Readjustment Act of 1944 so as to pro­ H. R. 4976. A bill for the relief of Father I am happy to say, is in my district. He Louis Naclerio; to the Committee on the served 7 years in China at the missions. vide readjustment insurance for those per­ Judiciary. sons who served in the armed. forces of the He was in charge of relief work during United States during World War II, and for By Mr. RILEY: the Sino-Japanese War. He joined the other purposes; to the Committee on Vet­ H. R. 4977. A bill for the relief of Mrs. Navy in February 1942 as chaplain, and erans' Affairs. Goldie Weiner; to the Committee on the Judiciary. landed on Guadalcanal with the Navy By Mr. RUSSELL: and the Marines. H. R. 4966. A bill directing the Secretary of He was the first American chaplain to the Interior to sell and lease certain houses, PETITIONS, ETC. apartments, and lands in Boulder City, Nev.; receive the Legion of Merit award and to the Committee on Public Lands. Under clause 1 of rule XXII, petitions Presidential citation for rescuing 27 mis­ By Mr. ANGELL: and papers were laid on the Clerk's desk sionaries of all faiths from behind the H. R. 4967. A bill to provide for the ac­ and referred as follows: Japanese lines on Guadalcanal. He quisition of a site and preparation of plans · 1126. By Mr. LARCADE: Petition of cit­ served with Admiral Halsey on New Ca1e­ and specifications for a new postal building izens of Iowa, Lake Charles, Maplewood, donia and New Guinea with the first and for remodeling of the existing main post Roanoke, and Sulphur, La., in favor of uni­ naval detachment. After 2 years of ac­ office building in Portland, Oreg., and for versal military training; to the Committee other purposes; to the Committee on Public tive service, he returned to the United on Armed Services. States and then went back to the Pacific Works. 1127. Also, petition of veterans and other By Mr. DINGELL: and landed, I may say parenthetically, at citizens of Morrow, Palmetto, and Rosa, La., ·the same time I did, with the first troops H. R. 4968. A bill to provide a cost-of-living in· favor of universal mi~itary training; to credit under the individual income tax and the· Committee on Armed Services. in Tokyo. to reenact the excess-profits tax on corpora­ 11213. By Mr. SMITH of Wisconsin: Peti­ He was detached from active service in tions; to the Committee on Ways and Means. tion of members of the Department of Wis­ 1946 and is now serving "as director of the By Mr. SCOBLICK: consin, Veterans of Foreign Wars, urging VinGentian missions in China. H. R. 4969. A bill to reduce the age require­ legislation establishing a system of universal ments for old-age and survivors insurance I am sure we are all very happy indeed, military training; to the Committee on in paying honor to Father Gehring, to benefits from 65 to 60, and, in the case of Armed Services. veterans of ·world War I or II, to further know that through him we pay honor reduce scch age requirements according also to those brave marines and naval either to their length of service or to whether forces with whom he served with such they served outside the United States, and notable distinction. for other purposes; to the Committee on Ways HOUSE OF REPRESENTATIVES and Means. ADJOURNMENT OVER By Mr. WOLVERTON: THURSDAY, JANUARY 15, 1948 Mr. JENKINS of Ohio. Mr. Speaker, H. J. Res. 295. Joint resolution to continue I ask unanimous consent that when the until July 1, 1949r the authority of the Mari­ The House met at 12 o'clock noon. House adjourns today it adjourn to meet time Commission to sell, charter, and operate Rev. Frederic P. Gehring, of the Con­ vessels, and for other purposes; to the Com­ on Monday next. mittee on Merchant Marine and Fisheries. gregation of the Missions, St. Vincent's The SPEAKER. Is there objection to . By Mr. BEALL: Seminary, Germantown, Philadelphia, the request of the gentleman from Ohio? H. R3s. 425. Resolution creating a select Pa., offered the following prayer: There was no objection. committee to conduct an investigation and study of all phases of the sugar industry; In the name of the Father and of the EXTENSION OF REMARKS to the Committee on Rules. Son and of the Holy Ghost. Amen. Mr. DONDERO. Mr. Speaker, I have H. Res. 426. Resolution to provide funds for Humbly we beg Thee, 0 Father of three requests. I ask unanimous con­ the expenses cif the investigation and study ·Lights, to illuminate our minds with un­ sent to extend my remarks in the Ap­ authorized by H. Res. 425; to the Committee derstanding and inflame our hearts with on House Administration. pendix of the RECORD on the strange By Mr. MULTER: courage, so that we may carry out duti­ ·case of Heinz Norden. H. Res. 427. Resolution to increase personal fully and unselfishly the oblig~tions of Mr. HOFFMAN. Mr. Speaker, re­ income tax exemptions; to the Committee on Thy sacred trust, Tlirough Christ our serving the right to object, what is that Ways and Means. Lord. Amen. about?