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The Judge Advocate Journal, Vol. II, No. 1, March 1945

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The Judge Advocate Journal, Vol. II, No. 1, March 1945 :lite JUDGE A Published Quarterly by Judge Advocates Association VOL. II, NO. MARCH 1945 Photo by Signal Corps, U. S. Army JOHN J. McCLOY Assistant Secretary of War TABLE OF CONTENTS Page THE GENERAL'S PAGE 3 THE PRESIDENT SAYS 4 JOHN J. McCLOY, Assistant Secretary of War 5 LEGAL ASPECTS OF THE DETERMINATIVE REVIEW OF GENERAL COURT-MARTIAL CASES UNDER ARTICLE OF WAR 50Y2 7 Colonel William M. Connor, U.S.A. Ret. MILITARY CLEMENCY 21 Colonel Mm'ion Rushton, AGD THE WAR DEPARTMENT BOARD OF CONTRACT APPEALS-ITS HISTORY AND ORGANIZATION 24 Colonel Hugh Cames Smith, 1AGD OFFICERS AND DIRECTORS OF JUDGE ADVOCATES ASSOCIATION, 1945 31 THE JAGD-LAW FIRM FOR THE BIGGEST BUSINESS IN THE WORLD 34 Lt. General W. D. Styer DISCIPLINARY CONTROL BY COMMANDING OFFICERS 37 Lt. Gennal Robert C. Richardson, 1L ALLEN W. GULLION, U. S. A., Retired 38 1st Lieut. Sherwin T. McDowell, 1AGD HONOR ROLL 40 MILITARY LAW OFFICERS FROM THIRTEEN AMERICAN COUNTRIES CONFER 42 CROSSED SWORD AND PEN-AND OTHER TRADE 'MARKS OF THE JUDGE ADVOCATE 43 1st Lieut. Edward F. Huber, 1AGD THE BRANCH OFFICES . 46 THE JUDGE ADVOCATE GENERAL'S SCHOOL 48 WASHINGTON NEWS AND VIEWS 51 "KNITTERS AND TATTERS" 53 Captain Marvin G. Schmid, 1AGD JAGS ALUMNI NOTES 55 OUR MAIL POUCH 60 LIST OF PROMOTIONS 63 THE JUDGE ADVOCATE JOUR;'\!AL JUDGE ADVOCATES ASSOCIATIO;'\! Published quarterly by Judge Advocates Associatioll 1225 New York Ave" N. \V., Washington 5, D. C. Officen Subscription price $4 per annum; $1.00 per number. Major General Myron C. Cramer, The Judge Advocate General EDITORIAL BOARD ............................................... Honorary President Major Clarence L. Yancey, JAGD, Editor Lt. Colonel Howard A. Brundage, J AGD ........................ President Colonel Herbert M. Kidner, JAGD ...................... lst Vice President Milton I. Baldinger, Managing Editor Major Edward B. Crosland, JAGD .....................2nd Vice President Lt. Sherwin T. l\'1cDowell, Associate Editm Colonel Robert M. Springer, J AGD .............................Treasurer Con'esjJondents Major Samuel F. Beach, JAGD ................................. Secretary Milton 1. Baldinger. ................................. Executive Secretary Major Alfred Thomas ............................ First Service Command Lt. Robert L. Strong ............................ Second Service Command Lt. Joseph S. Needle .............................Third Service Command Directors Lt. George W. Smith ........................... Fourth Service Command Lt. Melvin S. Katz ............................... Fifth Service Command Maj. Gen. Archer L. Lerch Lt. Bryan H. Jacques ............................Sixth Service Command Lt. Col. Reginald C. Miller, JAGD Capt. Marvin G. Schmid ....................... Seventh Service Command Brig. Gcn. Thomas H. Green Lt. Col. Thomas E. Sands, Jr., JAGD Lt. Colonel Leon Jaworski ...................... Eighth Service Command Brig. Gen. John M. Weir Lt. Col. Gordon Simpson, J AGD Capt. Victor D. Lawrence ........................ Ninth Service Command Colonel William C. Rigby, Retired Major John W. Ahern, JAGD Lt. Col. Harold T. Patterson ................................ Eighth Army Colonel Joseph A. Avery, JAGD Major E. F. Daley, JAGD Major Ralph E. Langdell .................................... Ninth Army Colonel George H. Hafer, JAGD Major Edward F. Gallagher, JAGD Major Herbert E. Wenig ...................... Western Defense Command Col. William J. Hughes, Jr., ]AGD Major Jeremiah J. O'Connor, ]AGD Capt. John B. Coman............................ AAF Materiel Command Capt. George P. Forbes, Jr. .......... '. The Judge Advocate General's School Colonel Marion Rushton, AGD Captain Charles Welch, JAGD Major Robert B. Buckley.................. New York Port of Embarkation Colonel Franklin P. Shaw, JAGD Captain G. W. Wesselink, JAGD Major Thomas G. Jones ..................D. S. Army Forces India, Burma Lt. Col. Fletcher R. Andrews, JAGD 1st Lt. David F. Anderson, JAGD Major Theo. F. Cangelosi .................. European Theater of Operations Lt. Col. Paul W. Brosman, ]AGD The Judge Advocate Journal is not an organ of the 'Val" Department. The views expressed in the Journal are those of the author of each article primarily. It is the policy of the Journal to print articles on subjects of interest to officers in the Judge Advocate General's Department in order to stimulate thought and promote discussion; this policy will be carried out even though some of the opinions advanced may be at variance with those held by the Officers and Directors of the Judge Advocates Association and the Editors. The Judge Advocate Journal is published quarterly by the Judge AcJvocates Association, 1225 New York Avenue, N.W., Washing· ton 5, D. C. Entry as Second Class Matter applied for at the post office at Washington, D. C., under the Act of March 3rd, 1879. Subscription $4.00 a year. THE PAGE I TAKE this opportunity to extend a cordial welcome to the officers from our neighboring countries to the South ''',Tho will be our guests for the next several weeks. These officers come from the legal departments of the armies of their respective countries and their interests will naturally be centered on our system of military justice. \Ve shall en­ deavor to give them as informative a course as possible. However, we know that we too will profit by their visit. They will bring to us informa­ tion about their systems of military justice from which we may draw suggestions for our own. The exchange of ideas which will take place will be to our mutual profit. Not least of the benefits of the confer­ ence will be the increased friendship and respect which come from better knowing one's neighbor. I hope their visit with us ,viII be most pleasant. The Judge Advocates Association pays tribute in this issue of The JOURNAL to Honorable John J. .McCloy, Assistant Secretary of War. \t\Te in The Judge Advocate General's Office have the privilege of fre­ quent association with Mr. McCloy, particularly in connection with civil affairs and military government questions, alien exclusion and reloca­ tion cases, and war crimes matters. He is an able lawyer whose sound judgment and untiring devotion to the task at hand have won him universal respect. MYRON C. CRAMER,. )\1ajoT Geneml, T he Judge A dvowte General. Page Ci THE SAYS- HE ne\\' officers and directors han: been formally This is \\'ar time and magazines and like publications T installed, Col. E. I-I. Young and Col. Robert M. have a low priority, but your correct current address will Sprillger are on foreign sen'ice, They \\'CTe founders and be most, h~lpful for us to get the .J ournal into your hands. two of the lllOSt enthusiastic \\'()rkers for the acl\'ancement As tIllS Issue gocs to press we received a letter from one of the purpose of our .\ssociation. They ha\'C gi\'Cn of ~)Ur members. He said that upon his discharge from much of their timc and talents to thc organization and acli\'e duty he intended to resume the practice of la\\'. maintenance of our .\ssociation and their earnest coop­ but there \\'as somc doubt in his mind that he \\'Oldd cration and \\'hole-hearted response to en:ry demand return to the to\\'n \\'here he had practiced when he made upon them conu'ilJllLed in large measure to \I'hat­ joined the sen'icc. I-Ie suggested that our Association eyer measure of success \\'c claim for our organization, might \\'cII initate a survey of the United States to de­ The officers and directors will miss their genial presence termine thosc localities \\'hich hold out the best promise and wise counsel. One of the \'acancies thus created has of success for the la\\'ycr veteran returning to civilian been filled by the election of Ll. Col. Reginald C. ;'\Iiller. practice. There musL he other members who \\'Oldd be Commandant of the Judge Ad\'(JCatc General's School. glad to have such information and certainly it appears the successor to Col. Young, Practicallv eyerv depart­ to be a proper function for our .\ssociation Lo investigatc ment \\'heIT a large nllJlIber' 01 Judge Ackocatc:, arc sta­ thc feasibility of such a project. A progress report on tioned is represented on the ne\\' board 01 directors, It Lhis subjcCl will be giyen in a subsequent issue of the is \\'ith pride that \IT announce that Col. Gordon Simp­ Journal. It is hoped that Lhis yalued suggestion \\'ill son. one of our nc\\' dircctors. recein:d the high honor or stimulate other mcmbers to scnd in their ideas on hO\\' being electeel as an Associate Justice or the Supreme the Association can be of help to our brother officers in Court of Texas, He \\'as nominateel \I'hile serying on:r­ \\'ar time and in Lhe peace to follow. Your letter will be seas and his elect ion to h is present exal teel posi t ion is gratefully receivcd. \\'ell-elesen'eel tribute by the great state of Texas to one Let us all remember that the ofliccrs and directors \\'ho of her most illustrious sons-a real gcntleman. a fine have agreed to accept the responsibility of office. havc officer. a student of thc ]a\\' and a true fricnel. \Ve ma\' clone so \\'ith thc knowledge that it means \\'ork after be confident that he is the forcrunner of a grcat Illllllbci' regular duty hours. They arc all busy men and \\'hateyer of Ollr mcmbers \\'ho shall h;l\e similar honors bcstm\'ed thev do for our Association is in addition to and not at upon them. thc' cxpense of theil: official duties, It is their intent to It is anllounccd with pleasurc thai ;\Ir. Milton 1. Bal­ hold this organization together during thesc difficult times dinger has accept cd his rca ppoi nt men t as Execu t ivc Sec­ so tha t upon completc cessa tion of hosti Ii tics its records rctarv. He has been 01 in\'aluablc assiSLance to our and those or its membcrs shall be intact and readily ac­ cdito'rs in acl\'ising on thc technicalitics of the cOlllposi­ ccssible for thc succeeding administrations to carr)1 on tion of thc Journal and in ironing out the mall)' difficul­ tbe work lor which it is destined in peace-time, \Vhat­ ties that arise from timc to time in its distribution to the e\'cr they c10 is designcd for the mutual benefit of all.
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