Volume 2
REVISION OF THE ARTICLES OF WAR 1912-1920
(1n two volumes)
Hearing. Subcommittee of Committee on Military Affalr. s. Senate 66th Congress, 1st sess. on S.64. A bill to establish military justice. 1919 House Report 940 - 66th Congress, 2d sess.
Hearing. Special subcommittee of Committee , on Military Affairs. House. 66th Congress, 2d sess. Play 4, 1920 The Articles of War. Approved June 4, 1920 HEARINGS
I:IiIWR13 TIIE tF SUBCOMMITTEE OF THE COMMITTEE ON MILIFARY AFFAIRS UNITED STATES SENATE
SIXTY-SIXTH CONGRESS FIRST SESSION
ON
A 1311.1, TO ESTABLISH MILITARY JUSTICE
PART 1 -. -
1'1-il~tetlfor tl~euse of the Co~ninitteeon Military Affairs
1
WARHISGTON GOVERKJIENT PRINTIXG OFFIC~ 1910 ESTABLISHMEN T OF MILITARY JUSTICE - ___-.-
HEARINGS
l!l:l'ORB: THE SUBCOMMITTEE OF THE COMMITTEE ON MILITARY AFFAIRS UNITED STATES SENATB
SIXTY-SIXTH CONGRESS FIRST SESSION
ON S. 64
A HILL TO ESTABLISH MILITARY JUSTICE
PART 2
I'ril~ted for the use of the Committee on Military Affairs
WASH1SGTO;"i GOVERNMENT PRINTING OFFICE 1919 ESTABLTSHNEbT OF MTLTTARY JUSTICE-PROPOSED ANEhbhlF,I\'l' OF THE ARTICLES OF WAR.
SATURDAY, AUGUST 30, 1919.
The subcommittee niet, pursuant to acljo~~rnment,in the room of the Committee on Appropriations in the Capitol, at 10 o'cloclr a. m., Senator Irvine L. Lenroot presiding. Present : Senators Lenroot (acting chairman) and Chamberlain. STATEMENT OF MR. SAMUEL T. ANSELL--Resumed. Senator LENROOT.I do not remember just what point you hat1 reached at the last session, General, do you? Mr. ANSELL.If the committee please, yesterday I had said that Great Britain had recognized the necessity of at least a partial civil control, in the last analysis, over courts-martial. I had shown that their law requires a law officer with the powers of a judge to sit with each general court-martial, though, as I said-ancl ought to have said, in fairness-those powers, like so many things British, were not well defined and fixecl. Probably, cle jure they are advisory; de facto, they are controlling. That with each field general court-martial, which is their agency for enforcing discipline when they are in actual campaign, so far as enlisted men are concerned, as a rule, the law does not require this judge to sit with the court-martial ; but by regulations it is required. and it has worked out to the absolute satisfaction of all, the only complaint being it should go farther and be fixecl bg statute. I had shown that the head of the Judge Advocate General's De- partment, who is the chief of the bureau of military justice there, i~ a civilian, had at one time been a inember of the Government, still has a close relationship both to Crown and Parliament, and, most significant of all, he is not subject to any military supervision what- RVPP- I had also adverted to the fact, previously, that there was far greater opportunity there for the civil coul-ts of the Kingdom to review the judgments of courts-martial than here, the sole remedy here being by way of the writ of habeas corpus; except, of course, in a suit for trespass, which, as you know, seldom or never is re- 132265-1%--PT 2-15 273 ESTABLISHMENT OF MILITARY JUSTICE. 275
sorted to, for the very obvions reason, I suppose, that you had to tionship-the disciplinary relationship-betmeen the officers and men prove that a meinber of the court has maliciously and flagrantly really might be improved upoil. violated his duty in order to clo injury to the accused. Certainly The French lake the discipline of their men much to heart. Justice that would have to be proved before clamage could be recovered. to the enlisted man is very much on their conscience, and the first Such actions are not brought here. thing that a colonel of a rcgiinerit does n hen he comes to his orderly In France it is significant likewise that, military as that people is, room in the morning is to look over the delinquency book and to go the judge advocate general of the army there is a civilian, and a most into it with the g!cntest of care. A man may not be court-martialed distinguished one. In my travels there I met no lawyer ~vhoim- there until a quasl-judicial officer does loclk over the charges, and does pressed me more than he. look over the evidence to see uhetller there is a prima facie case; Senator CIIAB~~ERLAIN.What is his title ? and such oficer is not under the control of military authority either. Mr. ANSELL.Unclersccretary of State for Military Justice, with a And after a mail is tried, as I have inclicatecl, he gets this review. It scat in Parliament. should be concedecl that French courts-martial, like French civil In the French Ariny in time of peace there is a very large appel- courts, clo not adhcre to the teclznical rules of evidence, for instance, late systcm. Many of their cases can go to the supreme court of and other rules of procedcre, as we do. Ihnce, the Court of Cassation, of Paris; and in time of peace there In Italy there is established the system of appeals, it seems to me, is a court of military apl~eals.as well; and in time of war the law on a much more elaborate scale than in any other country. It seemed pro\ ides for a cc urt of appeali with each army, but, as I unclerstood to me too elalsorate, indeed. their practice, perhaps a court of appeals was not maintained at the I discoyered in Paris a bcok which I regarded as very valuable. It lzeaclquarters of each army, but rather, administratively, at some cen- was a rcp0r.t made bv a Norwegian jnclge advocate, sent by his Gov- tral point, as at Paris, where it could take care of more than one c~nmentto inyestigate the systeiiis of military justice obtaining in all jurisdiction. the European countries; and later he extended that to our own coun- Senator LEXROOT.But is maintained? trv and some of the South American countries. It is the only- compre-- Mr. AXSELL.But is maintained. That is the point. My recollec- hksive study, so far as I know, that has ever been made of such a tion of it is that in time of war they may have, ancl do have usually, thing. It is old, lzovever. But after I got back home I found there on their court of military appeals men who are commissioned in the was one copy of that book in this count~.y,and I got it from Harvard army; that is, armv men. Of course there the distinction between Unirersity. I hare let another officer have it temporarily, and have the professional soldier and the citizen soldier is not so marlcecl as it is not been able to get it back, but I wanted to assure the committee that here. If there is one thing more impressive about the French Army I have read the report of that officer, and that report reveals clearly than another, it is the unity observable in their military establish-' that this system of military appeals is established throughout Europe, meat, a unity which we do not have here, but which I hope that me and that the system of having a specially qunlified law officer sitting may some day have. with each general court-martial is e~tablishedthroughol~t Europe. Senator LEXROOT.YOU mean it is more democratic throughout? That oficer comments on the fact that Spain, Prussia, Russia, Eng- Mr. ANSELL.Yes. Senator, I went to France, of course, with the land, and the United States are the ones who do not have it. There, ntmnst svmpathy and admiration for the French people, but not so I believe. is some sort of review in Prussia-was at that tin!e- much with the idea that the French were really a democratic people. that I am not familiar with at all. But even in Spain there is a Whatever may be said for any other institution, that institution more thorough review by the judge advocate general than there which is usually in all nations least democratic was in the case of is here; and most especially does he comment on the fact that the the French most democratic; that is, their army. I said in my re- British system and the American system make no provision for an port, and I repeat, that whenever we shall change, let us not change pnthoritatire review whatever. So that this talk about a reviewing toward the British or what might be called the northern nations' body being a new thing, detrin:ental to discipline, is disproved by view of maintaining discipline, because I think probably this system the fact that it is an establishecl institution in Europe, where armies, whereby discipline is maintained by the great gulf between enlisted of course, are far more eignificmt things in government and closer man and officer by erecting the officer as a sacresanct thing far above to the people than they are here. him belongs rather to the northern races-to ourselves, to the Britieh, Senator CI-IA~~RLAIS.May I ask you if, in your risit to France, and to others. Let us, if we can, incline to the French system, where, yon conipared the maximum penalties imposed in the French arnlp without loss of dignity and without any infringement of proper pre- with the inaxiinum penalties imposed in the American Army? rogative.;, the rclationship between officer and enlisted man is a re- Mr.-~ ~ ANSELL.Yes, Senator; ancl the French punishments are com- 1narli.able one, a most helpful one, and causes, I think, a Frenchman paratively very light, indeed. to lore his army as every citizen ought to love an army that gives Senator LENROOT.Could you secure for us for this record a copy him protection. or a translation of the French law? I am not going to compare the French Arnlv with the British or. MI-. ASSELL. A translation? I conlcl do it nzy~lf.if 1 conlcl get onr own. W2 havc qnalities, Mr. Chairman. that are, of course, re- a little time. ma~hble,and they are remarkable in the Army also. But the rela- Sellator CI-IANBERLAIS.I think we could ask the legislatire board for that. 276 ESTABLISHMENT OF MILITARY JUSTICE. ESTABLISHMENT OF MILITARY JUSTICE. 2'1'1 MG. Axs~m~.I vill try ant1 get it- for yon if I can. course means-metl~ocls-advanced that are open to disagreement. Senator L~ss~oo~.,111 right ; :~ndwill you' also secur~for us :t We can always disagree as to means ancl n~ethocls,but the contenclilg copy of the British law? principles I think we have got a fairly good idea of now. For in- Mr. ASSELL. Yes. Our War De~~artnlentIias not yet advanced. stance. in this bill that I have drnfted, one of the things, I believe-I :LS far as the British 11:1cl adrancctl at the beginning of this war. speak with great frankness-that shocks the Regular Army officer, During the war the British hare grown quite liberd. I wish to ancl maybe officers of the new Armv, inore than any other one thing, call attention to the fact that Great Britain is in process of ad- js the fact that tllc bill provides for the detail of a number of en- vxncing sonie Inore now. But then, above all, why shordd we linlit listed men on general courts-martial-three out of eight, for instance. or~rselves,with ow citizenship of the very highest gratle ant1 our Well now, the rerv moment yon mention that to x Regular Army liberal institutions, to the systeins of Great Britain ant1 of Enrope? offi er he at once replies. " You have taken out of the hands of the The bill that is before you I do not think need be gone througll officer the power of the enfoi~cenie111of discipline ancl handed it over in detail, and, in any event, I hare spent so niuch time In cliscussioll to the enlisted man." Of course he is going right back, there, to his that I ciln not go into it in detail, but I think we can sun1 it up in fundamental theory that officers are the governing element ancl must this way: If the conimittee should be, for instance, in favor of hav- have their way. But under this bill it mnst be remembered, ancl I ing a goreranlent by legal principle rather than trusting so niucll call the attention of the committee to that particularly, the court is to this power of military coninland, they could only disagree with really a jury fintling the facts, and the officer of the law sitting with the bill in mere matters of cletail. that court is the judge. I, myself. do not believe that there is a thing If, on the other hand, they agree with the War Department and to the argument that you can not intrust one of the enlistecl men of the Kernan report, for instance, that courts-martial are the agencies our Army with a proper determination of facts; ancl I will go fur- of n~ilit~arycommand, then really you could not agree with any- ther than that and say that even if thev were to determine the law, thing-you could not agree with the fundamental principles-of were to be judges of both law ancl fact. from my judgment of the that bill, and I hope that I have made that clear. enlistecl men of the Army as they now are, and from my lcnowledge One theory is that courts-martial are governed by military com- of our citizenship, I will not sa;y that the discipline of the Army is mand throughout. going to be destroyed by permitting enlisted men to sit on those The other theory is that they are governed by fixed principles of courts and do jnstice under their oaths. I do not believe that, no law and the statutes enacted by Congress, throughout. matter what anybody el,ce says. Now, if you believe in the first principle, why, I do not know that Senator CHAMBERLAIN.It is j~stlike n jury drawn from the body anybody could find any great fault with our systeln. I could not. of the community. If military command 1s to be permitted to exercise all this control,. Mr. AWSELL.Yes; and it is a very high-grade one. We may call I know our men are good men, and they want to do what is right, the jury a cross-section of citizenship. We get some inferior men; and though they do their best, me may expect the results that we but surely it has got to be said that there ne17er has been an army, have. I disagree with the results, and I attribute them to the sys- in any country in the world that compared with the Army that we tem that we have. hare to-clay, for intelligence ancl probity ancl everything that goes to Senator LEWROOT.Are there not two fundamental propositions make up character in a man that will impel him to perform his duty. involved? Is there not one other than you have mentioned? First, Senator LENROOT.Right there, because that is a very material there is the unlimited control of military command, within the law; point in this whole matter: You have described at great length the secondly, the broad cliscretion vested in the law, in military com- feeling generally existing, and the condition of caste between the mand ? officers and the men. Now, is it your opinion that when charges Mr. ANSELL. Yes; I think that is true. I intended to include them are made by an officer against an enlisted man, generally speaking. both. I do not say that that is so in the sense that they have not it would require no stronger evidence to convlct with enlisted men authority for what they do under the Articles of War. It seems to sitting as members of the court than with a jury in civil life trying me that they can do almost anything. a man for a like offense? Senator LEWROOT.IS not that a proposition quite separate from Mr. ANSELL.That it would require no stronger evidence to con- their having unlimited control of military command, within the vict an enlisted man? lam; in other words, unlimited discretion as to punishment? Senator LEXROOT.Yes. That is, would an enlisted man be as free Mr. ANSELL.Yes; they have unlimited discretion as to punish- to convict a fellow enlisted man upon charges made by an officer. as a ment. iurv in civil life would be to convict a defendant charged with a Senator CHAMBERLAIN.They practically make the law as to pun- like offense? ishment. Mr. ANSELL.Mr. Chairman, I believe that our enlisted men, situ- Mr. ANSELL.Yes; of course that is true. Congress has delegated kted as they are, would, as nearly as they could, do absolute justice, the power. and I do not believe that they would permit the fact that an officer Senator IA~ROOT.Yes. had preferred charges against an enlisted man to create a sort of Mr. ASSELL. And it seems to me never before has a legislative body rebellious attitude, a feeling against convicting that man. clelegatecl any such power. It is true that in this bill there are of 2 78 ESTABLISHMEET OF MILITARY JUSTICE. ESTABLISHMENT OF MILITARY JUSTICE. 279
Senator LENROOT.That is the point. Of course, I was assuming not believe they can be dealt with properly other than by court- that they would try to do absolute justice; but the point would be martial." That is signed, usually, by a colonel. Then he sees a sec- whether there would be any prejudice. ond indorsement referring these charges to the court-martial, wlzlch, Mr. ANSELL.Of course, you would find a man here and there; but in effect, means the same thing, that the major general believes that I thinlr that we can always say this, with the knowledge of ally these charges ought to be tried; that is, he believes the man is guilty. systein or hierarchy, that the lower the man is in the hierarchy the That is siined "kajor general." greater respect and deference he actually has for the men above Now, here come the charges. Frequently, after you have gotten in him. We can not get rid of tlzat. The abuse of the caste system, the evidence it is perfectly patent to all that tlze evidence is very I think, is apt to be fro111 the higher man clo~vnwarclrather than flimsy; but I have hearcl this statement made, I believe literally, a from tlie lower man up~vard;and if you take a lower man and put thousand times, " Well, you know, there is something to this case or it him on a higher plane, I think he will do his duty regarcllcss of his would never have gotten here to us. It has come up through all these condition in other respects. That is, for the time being an enlisted authorities." You hear ofhers of the Army say, " Well, if a man's man, pro hac vice, becomes an administrator of the law, does he charges are referred to a court for t,rial, you may bet your bottom not?--. doll$ he is guilty." Senator LEXICOOT.Taking it during this mar, ~vonldyou say that Senator LENROOT.YOU thinli that is true to a greater extent than in the enlistecl man did hare tlzat high respect for his officers, gen- civil life, where in spite of the presumption of innocence the jurymen crallv ? M;. AXSELL.For his officers as persons, why, yes; but there were are verv apt to thinlr that if a man has been indicted by a grand jury there i;soðing to it ? so many oficers that did not clo well, that did not treat them well. Mr. ANSELL.Sometimes I think such nzay be tlze juryman's vague that did not have the fullest reipect of their men, 1 think not. The wld general firsi impression, but ~11e11he qcts into the trial, with law- system creates distrust. yers and the judge,. too-as they must, of course-reqt~irecl to assume On the other liand, if a sct of charges canle before :I court in which tlicre was a small sprinltling of enlistecl men--they are to be innocence until gullt is proved, no matter what they may thinli as chosen, of course, by the lnan 1~110convcnes tlie court, who is an mere men when they get into the box, by reason of the grand jury officer-I sho~ilclthink that if those enlistecl men iyere affected at having fonctioned, before they get throogh with the thing I think they arc universally given a mental slant toward the accusecl. all, as they [email protected], it wonld, nevertheless, be in the direction of that Senator LENROOT.I thinli that is true. And yon do not think that great equity ~hichis necessary to doing all justice. is true in courts-martial ? Scnator CHA~IEERLAIX.It would not decrease tlie morale, because Mr. ANSELL.I think it is just the opposite there. the enlisted man would then feel that he had a inan on the court Senator CIIAJIRERLAIN.A man comes before .the court with a pre- who could see his viewpoint. sumption of guilt against him, for lthe reason that the superior officer Mr. ANSELL.I feel strongly that it has great aclvantages, and has said it ought to be investigzted? that it would not be abused except as all administration is once in Mr. ANSELL.I am sorry to say, Senator, that is the truth. If you a while abused. But here is n man who feels that he is a part of were reallv to change the law now in courts-martial and s?y that a the Army, he is trusted as a part of the Army; he has got a part man should be presumed guilty until he has proved himself mnocent, of its authority upon him. Under such circumstances enlisted men I doubt very much if the results would be changed. mould feel that their station had been very inucli elevated, and that I do not mean to say that these officers sitting on courts clelib- they were eligible to be chosen for this high duty at any time; and erately go out to convict men, although I think me have got these the accused would feel, as you said, that he had a fair man on that traditions-these professional preachments-so well grounded in.us court in the sense that such nzember of the court linew his difficulties. that it is difficult for us to do justice strictly in accordance wlth Senator LENROOT.Before you get away from that I would like to law. ask you, at the other extreme, whether in your opinion, because a Take the case of a very splendid young man tried for an offense court is made up wholly of officers and the cliarges have been pre- out in the Middle West. A bripadier general was the commanding ferred by an officer, there is any tendency of the court to sustain a officer and prosecuting witness. He was called by the judge advocate fellow officer ? to testify, and a very bright young lawyer from New York-a see Mr. AXSELL.I answer yes, sir; there is such a tendency. I have ond lieutenant-defended the enlisted man, who was a sergeant-I heard this. I have sat on just as many courts-martial as any man think a candidate for a commission. Here is what happened during in the Army, and if any man has ever had a full experience in the the trial: The brigadier general testified against the youngster, and administration of military justice it must be myself. You have this the second lieutenant began to cross-examine to test the credibility all the time. Here sits the officer, member of the court, and here is a by the usual proper q~~esXions. set of charges against an enlisted man. He loolis on that set of Senator CHAMBERLAIN.The credibility of the brigadier general? charges and what does he see? He sees, "Preferred by an officer." Mr. ANSELL.Ires; the legal credibility I an1 referring to, of Then he sees an indorsement on that set of charges by the post course. There was some evidence that the brigadier general did commander, the organizational commander, to the effect, " I have in- have it in for this man, because there were two men involved in the vestigated these charges and I believe they can be sustained. I do ESTABLISHMENT OF MILITARY JUSTICE. ESTABLISHMENT OF MILITARY JUSTICE. 281
same transaction, and he let one of them off and insisted on court- which of course I was, if it was under our system permissible for martinling the acc~~secl.Now, obviously there was a chance to go that man to be all that he was. In other words, your present articles into the commanding officer's attitude toward the accused and toward of war make your judge advocate the prosecutor, and also to a great the case generally, and this young counsel undertook to do it, and .extent the counsel for the accused. If there is any one thing that I thc record will show that he clicl it most respectfully; but when he hope the committee may very carefully consider, it is that we have came to about the second question the brigadier general said to a juclge advocate. Notice the title, "judge aclvocate." He is the him, " What, sir, do you mean by asking me these questions? " advocate for the court, and prosecutor. He is the judge for the Perhaps a bit unfortunately the youngster resorted to legal lan- court. He is their legal adviser. He is also counsel for the accused guage and said. "I am tiyiag to test your credibility "; whererlpon when the accused has no connsel, ancl if the accusecl has counsel, he the brigadier general thought that was a reflection upon his veracity is directed to see that the interests of the accused do not suffer. and integrity, and said, '' I will not permit you to ask me any such Now, that sounds as though it was all for the benefit of the accused. questions that reflect upon my credibility." But the youngster in- I will assure rou that it is not. We ought to abolish the judge sisted that he had such a right; ancl the brigadier general jomped advocate as a prosecutor and make him a real judge before that up, excited, and said to the counsel, "If you insist on asking any #court,according to the general system of Europe, and have a special question that is designed to reflect upon my veracity and capacity prosecutor for the Government. and disposition to tell the truth in this case, I will put in charges im- Now, these cases that I have used for illustration, they are not mediately and have you haled before this court." isolated cases. They are not. Well, as usual in sach r~impnsesas that, the court was closed. You Senator LENROOT.General, if this plan were adopted, to what ex- see, there was an objection nde by the witness to making answer. tent, in your judgment, would it be necessary to increase the force When the co~lrtWRS clowcl ererybocly rvent oat, and when they were in the Judge Advocate General's office, with the present-sized Army? called in to hear the decision of the court the court had decidecl that Mr. ANSELL. With the present-sized Army, I do not think we the brigadier general was right. would have to increase it at all, Mr. Chairman. You see, we would $enator CHA~\I~ERL.~N.That is a case of record? have less review up here. I would have you to get that point. We Mr. ANSELL.That is :L case of record. I could name you the wait now until all these errors have accumulated from the bottom brigaclier general. He is a rery good~man,but he just did not un- to the top, and then we do our best to correct; and look at the re- rlerstimcl. Xow that is shocl~ingto LIS as lawyers. I will assure you viewing force ! One hundred and eight men we have had here; and that is not shocking to Army men. It is not shocking. I have been we must have a very large number now. Of course I am not con- counsel for men too many times not to know that. I have a very nected with the department now, but I doubt if it has decreased very distinc t recollection of myself having defended a signal sergeant much. One hundred and eight lawyers, with the vast number of to acquittal-I think he xas a signal sergeant-and I made a pretty clerks, going all the time. They are not all engaged on this work, rigorous ancl sometimes technical defense-certainly, what Armx but a large proportion of them are engaged on it. men would call a technical defense, but, nevertheless, a proper de- Senator LENROOT.What was the number of the personnel prior fense-and friends of mine on the court would come to me at recess to the war? ancl say to me, " IThy don't you stop this? Yon know your man Mr. AXSELL.We had 13 officers under the national defense act, is guilty. are getting vourself in clutch with this conrt;" and .and then when we expanded under the national defense act when all of that kind of thing. Now, thev clicl not mean to do wrong. war mas first declared-you'remembcr that filled up-mTe got 29 or Senator CHA~~RLAIN.Practically prejudging the case? 30, and that is our law ciepartment. Mr. AXSELL.Oh, yes. If a iuclge had told you that in a civil Senator LENROOT.Altogether ? forum you know what would hare happened. But it just shows Mr. ANSELL.Yes; and then when the big Army came on we ran VOLl. d up to 450. But Col. Weeks, as executive officer, and I worked out I will give gon another esan~ple. A lieutenant. :I quartermaster, a scheme last October which mas designed to put one law officer with was put to making a trap for an enlisted man out in the western each court and prevent error, if we could, right at the source; and department, to catch him, to see if he was not stealing some goods we believed that by sending many of our reviewing officers here and out of a storehouse, and he set the trap and he said that he caught putting them on courts-martial and preventing error at the source, the man; which I very much doubt. He preferred charges agamst we could get along with fenrer men, and I am convinced we can get the man. He ms, of course, the prosecuting witness; and then he along with fewer men. was nlacle judge aclrocate of the court; and then he was assigned But there is another element that xoulcl work toward getting along by the commanding officer as counsel for the accused, and he func- with fewer men. We have got to do something to decrease the tioned in all capacities, prosecuting witness. judge advocate, and number of trials. It must be obvious to everybody that we have too counsel for the accused ! many trials by court-martial. Wow, a man may do something, but When that case got to me, I said very briefly that this man had every time that a man does something in violation of the law he not been fairly tried, and it went back to the commanding general should not be haled before a court. of this particular department, and he, as though hurt, said "The Take the methods of investigation. I say if you require, as this Acting Judge Advocate General is actually criticizing our system "; bill does require, the most thorough investigation before a man shall be 282 ESTABLISHMENT OF MILITARY JUSTICE. ESTABLISHMENT OP MILITARY JUSTICE. 283 court-martialed, and then you require the law officer, who is already of course there would not be, Mr. Chairman, the same necessity to on the staff of the convening authority, to go into the evidence and resort to a court-martial at every little place. say that the evidence is sufficient to constitute a prima facie case, and Senator CI-IAJIBERLAIX.That is, you mean a general court-mar- then go into the charges and determine their legal sufficiency, I say tial ? this, Mr. Chairman, based upon my experience, and I notice that Mr. AXSELL.A general court-martial. Gen. Wood agrees with me in this-and I really believe that up l~lltil Senator CIIAMBERLAIN.If we hacl one general court-martial. the time we got into this controversy nine out of ten Army oflicers Mr. AXSELL.Yes, sir. would have agreed with me; probably not now, because we hilve all Senator CII-OIBERLAIN.We have the Eastern Department and the gotten into a sort of controversial mood or excited-tht you can Western Department- reduce by more than 50 per cent the number of trials in the Army, Mr. AXSKLL.I was up there as jnclge acl~ocateat the Eastern De- which reduction in ancl of itself will tend greatly to the benefit of partment. ancl we had scores of courts going at every one of the discipline by requiring these thorough investigations and legal tests little stations, tdiing up the time of the officers from training their before we arraign these men before courts-martial. troops. It is ridiculous, but it is according to the old army tradi- Senator LENROOT.Did I understand you to say that you thought tions. We have not niovecl a peg. after we got to a peace basis, 30 men in that office wonld be sufficient Now, the Confederacy +prtecl from this systeln iniinecliately to carry out the duties? after the opening of the Civil War. They hacl what, we must con- Mr. ANSELL.I never thought that 30 were sufficient, because we fess, was a ratlier better military systeiu than the Union Anny. relied upon getting judge advocates then by detailing nien from the They broke away from this system almost from the beginning: line. Senator CIIAJIBERLAIN.They realizccl the character of their citi- Senator LEXROOT.Yes, I understand. That is what I am getting at. zeilsliip don-n there. They would not have stood for it, I thinlc. Mr. AXSELL.Oh, no. But I say this, that for the same number Mr. ANSELL.Of course I think that is perfectly true. We all un- of men rve hacl before the war, I mean with the same sized Army derstand the differences between the two armies. and the same number of men that we used on legal work-they were Senator CH.II\IIIERLAIN.At the first of the war? not all judge advocates-I believe we can do this same task But it Mr. ANSELL.Yes. It is a very important matter. would be necessary to decrease the number of coi~rts-martialas me Senator CHAMBERLAIN.I will put this question to you: There are would decrease them nnder this bill. four departments, the Eastern, the Western, the Central- Senator LENROOT.The number that mould bc required nlould de- Mr. ANSELL.I think there are more now. We have the North- pend very largely upon the policy that me woulcl herenfter pursue eastern and the Southeastern Departments. with reference to the consolidation of Army posts, would it not? Senator CII~IBERLAIN.There were only four departments. Now, Mr. ANSELL.Yes. Of course the court-martial system does with one general court, why could not that court function in each largely depend upon that; but it is not indissolubly conneated with of these departments, and woulcl it not become more efficient? it. There is no reason why a court-martial should be sitting at each Mr. ANSELL.It would work out beautifully, I have no doubt in post. I think it is bad to take some 13 officers, with the stenographers. the world. clerks, the attaches, and all that, and have them sitting in each Army Mr. CHAMBERLAIN.Would it cause delays and long imprisonment post. Of course if an Army post had a division there, that woulcl be of men ? an economical legal unit; but if I were a major general commanding Mr. ANSELL.NO, sir. a department, I would not have all these courts-martial sitting in all Senator CHAMBERLAIN.They now keep a man confined sometimes these posts. It is not necessary. I believe, just as much as I am four or five months before he gets a trial. sitting here, that an itinerant court would have been one of the most Mr. ANSELL.After all, when you make an officer of the Army valuable things, and certainly on the battle front. Take the men realize that he is governed by a legal system, you are going to get to be tried; they might be partially sick, or wounded. With a good a good result. Officers of the Army are not lawless men. When a Judge Advocate, a law officer, a prosecutor. if you had let him go court sits, they are going to do their duty. from place to place and let them try these men there. I believe that Senator CHAMBERLAIN.Civil courts do that very thing; they go would have been a good thing. But, of course, under the present from one district to another and try cases. system, every little commander has his court-martial. Mr. ANSELL.Yes. I wanted to call attention to one phase of the Senator CHAMBERLAIN.If he is the commander of a garrison he placing of enlisted men on that court, because you will hear more has his court? of that later. It is that which has led to the suggestion in the Kernan Mr. ANSELL.Oh, yes. report, as you map have observed, that this proposition is one of Senator LENROOT.Your bill does contemplate that ? bolshevism. I mould like to sum up with respeclt to this matter and Mr. ANSELL.The bill permits the President himself to convene ' say that its main provisions are that a commanding general can not courts-martial and give them anv jurisdiction with respect to terri- court-martial a man at will. These two things must have been done; tory that he pleases. But if we did ever once pet this system of law- his law officer must have said, "The investigation that has been controlled courts, with the commanding general largely cut out of it, made has produced evidence that justifies a trial "; that is, prima facie proof; and, too, the law officer must have said that the charges ZS4 IC3TABLISHMENT OF MILITARY JUSTICE. ESTABLISHMENT OF MILITARY JUSTICE.
as tlraftecl are legally snfficient to allege an offense against the reason of the fact that they wear shoulder straps, and make them Articles of War. judges of bhth law and fact, may we not expect all sorts of errors of Now, t.hen, after that the com~nandinggeneral may or may not, as law? Wouqd you trust 5 to 13 unskilled Army officers to determine he plcascs, court-inartixl the inan. oil law any more quickly that yon would trust 5 to 13 pure Second, an ofbiccr Illay not prefer a chal.cre against a man silnply lawyers, nnc"l nothing else, to come down here and make the plans of upon the genei~xlobligation of his office, hnt he has got to do so nuder the Arpy fok an invasion of Germany or Mexico, or some othef strate- the special obligation of an oath, on proper inforniation. Tl1a.t will oical militaty proposition? I would not. ,4nd it is not logical and greatly rcducc the nuniber of cliarges. Dit is not cchimon sense; and we hare never done it in any other insti- Thcn, n-lien I\-(. col~~cto the trial. the 111:111 is entitled to his cllal.. tution,/,)f o~uGovernment. What is there about an Army officer--- lenpes, both for. cawe :mtl pcren1pto1.y chxllenges, ancl in the usual senator LENROOT.May I ask you here, so that I can follow you a cases to chnllenpes to the array. But, of course, in the case of chal- yittle more intelligently: Do I understand that the only jurisdiction lenges to the array the corninanding general has the entire Arnly you propose to confer upon this court of appeals is to review uncler his conunancl to create n new panel with. for errorsof law 2 Wlicn we collie to trial, tlie pi*incipal thing about the tri:~lis that Mr. ANSEL. TOreview for errors of law. I think that is the jiiris- there is :I jnclge and there is a jnry, in fact. diction that is conferred upon all courts of error. They are not to Lastly, tlie conin~xncling-general cloes not confirm the proceedings, retry the facts. The facts, once determined, I think shonld be per- but t31q~camp to this co111-tof appcals; and there is a com.t of appeals. &ted to rest, when they are legally determined uncler instructions Won7, as to tl~edetails, I presume gentlemen can dispute about bv a judge, just as facts are determined in lower courts of the theill. I I or uninformed, or anything else. It does not get anybody any- est iiistitntions in this world, it is second to none as a military in- where. But what this re.port is really predicated on is the sharp stitution, but it has its ver serious faults. It iilculcates these wrong distinctions between the professional ancl the nonprofessional oficer, , views, I think, in our of3 cers. We West Point men do establish I think. They'are talking about the old-time army, where the man the system, the standards, of our Army. There are only about 30 who servecl with troops was supposecl to be this rough-and-ready per cent of us of the old Regular Army, but for reasons that may soldier who mas reaclv to fire at anv minute, who served with his be well appreciated, we establish the standard of thc Army. The troops all the time, &d who knew kothing but his troops. Well, others conform. I say I thinlr one of our great niistaltes is that we adopt and main- Wow, I can recall how this thing struck me as a cadet. Here was tain in time of peace x system that always falls do~nin time of an enlisted man, \yell-clressecl-bec':xuse they have to be well-dressed war because it was not made for war. Our Amiy systems are not there-soldierly, wallriiq a sentry post np therc, as you have seen. made for war, that is certain. Every time we have a war they They puarcl the institution on the river front. I remember, when J have to change the whole scheme of things, ancl if we are going back was a fourth classman, asking an upper classman for some direction, to this system that they seen1 to thinlr was fine for the Regular and he said, " Go ask that bum." Seeing that I did not know what he Army-I do not, but they seem to think so-this old-type sort of meant, he said, "That bum soldier over there "-the enlisted man mercenary establishment, the old school, then when we come to wallring the post. It JWLS quite common, I founcl out afterwards, for war again I will assure you that the Senate and the House will try the young gentlemen at the Military Arsademy in training to become to remodel the thing after war has begun. officers to refer to the enlistecl men as " bums." I understand that it Senator CHAMBERLAIN.Has this archaic system of the Army had is claimed that the word is a derivative of "bombardier," and they much to do with the prevention of young civilians enlisting in the were bombardiers who formerly guarded the post; but I can only say Srmy 2 that too frequently the suggestion was of the lower order of things. Mr. ANSELL.I hare no doubt of that. I believe I have always Now, there ought not to be that kind of spirit. Of course, me are been a little closer in touch with civil thought, for one reason or not tallring about social equality and that sort of thing. That is not another, than the ordinary orthodox Regular Army officer. I am the point. Of course not. Rut we want a considerateness on the orthoclox enough. The time will come when your boy and mine are part of the officer for the enlisted man and a complete realization that going to war. I think about it a great deal. I want mine to go an enlisted man is doing, at a far greater risk and clisacl~antage,just to war, and they are going; but I shall feel very much better satis- what the officer is doing; he is serving as a citizen and performing a fied with any system of military instruction that you are going to military duty as a citizen, and we ought to look out for him. As I have if I know that when these youngsters of mine or yours come to say, the whole fault with the Iiernan report' is that it does not camp for instruction or for battle training they are going to be met visualize the fact that our armies are and must be armies of citizens. rather synipatheticall~,and by a set of men who know that they Now look at this report, gentlemen. It bears careful perusal. It are citizens, that they are not this professional type of soldier. If is well written, succinctly stated. But do you notice that they say it one should go absent without leave for two hours, I do not want him was necessary to hare all these courts-martial and all these long pun- sent to the penitentiary or to a disciplinary barracks for 25 years. ishments because our men were green men and it was necessary to Senator CHAMBERLAIN.I know that the civilian point of view has whip them into shape as solcliers in just a few months? Of course, it been obtained from observations at near-by garrisons. A young was necessary to make the best soldiers out of them possible in a few civilian goes there, or the father or mother of a civilian goes there, months. Bnt does not the whole report proceed upon the predicate and finds your soldier doing menial duty, ~aitiagupon an offi-er, that we got cliscipline through terrorism? Of course it does. Ancl holding a horse at the door, standing around until the officer is ready you do not get discipline, in any rightful sense of that term, through to go, and the general impression is that the soldier is acting as a terrorism. Whatever discipline we got, I -ill assure you, into the servant, and they go away from there and report that to the civilian Army of the United States during this war, was discipline that was population. Hare you not found that so? based upon a high regard for citizenship. The qnality of the Senator LENROOT.Absolutely. American Army, its fighting quality, was an incident of the appre- Mr. AXSELL.While I was at West Point there was a very decided ciation of its citizenship. The Army of the United States in effort made there-I can not say that it succeded, because I can not France had a spirit that was second to the spirit of no army that recall-to bar the enlistecl man, when acconlpanied by a woinan- this world has ever seen. that is. a soldier when wallring with his girl or a married soldier Now, you can not make anybody believe that that spirit was put with his wife-from the front wnllrs, and to make them go through into those men in the few months' time they were in training camp. the alleys. I served rjght here at Washington Barracks as a mere It mas not put there by terrorization. It was an antecedent,, based boy when this order was issnecl. During the parade, the daily cere- upon moral considerations and appreciations; it mas not pumped mony, everybody from Washington could come there, everybody, into them in a few months in the training camp. and coulcl stand on tlle front walks and observe the parade, but the Senator CHAJIBERLAIN.DO you remember the story of the little soldiers had to confine themselves to back alleys, etc. Now, that is sergeant major from the Argonne, who said that a rnm tdd a false- not going to do. I will tell you this, West Point is one of the great- 132263-19-PT 2-16 290 ESTABLISHMENT OF MILITARY JUSTICE. ESTABLISHMENT OF MILITARY JUSTICE. ZYl hood if he said that he mas not afraid when he went over the top; his sick mother, or a dying brother, and let him stay two or three and he said, "Whenever I felt afraid of getting afraid, I thought days, and then not sentence him to death when he comes back? If of the follcs at hcme "1 so, the Army will disintegrate, and the instinct will be far weater, Mr. ANSELL.Yes, Senator. I am not going to confess that the when YOU get in front of the Germans, not to charge a 8erman thing that makes me stand up in front of a bullet is the fact that trench." In other words, let a soldier follow the orclinary human somebody has terrorized me, Senator. That is not so. It is a differ- impulse or sentiment in the least degree, you must not take that ent quality fro111 that. sentiment or impulse into account in the least degree as an extenu- I mill lay it clo~~nas a fundamental proposition, and I think ating circumstance. Sentiment is apt to be good; it should not be everybody hcre will agree with me, that you clo not get discipline crnshecl out ; it shoulcl sin~plybe directed. through fear. Of course you have got to punish men, but to set I do not think that our Army can ever take its proper place in the out to get discipline by trying every inan who has violated the regu- affections of the people if you are going to have a set of Army officers lations, and giving him a maximum pnnishment, will never do. who are strict adherents to the theory that if I am impell~dto go The higher the appreciation the solclier has for his citizenship, the home to see my dying mother, and those are the facts, conceded, after closer he sticks to his duty. Our successful solclier will ever be f get back I should be shot, and that the great zcdl of the human actuated by patriotism rather than the fear of his officer. When heart is not to be considered as an extenuating circumstance. That we come to rely upon terrorism to win battles, then we shall have is too hard and fast. I have already told you that this report largely dropped to the point where we have got, in fact, an army of COIJ~~~S, consists of a legal argument to the effect that you gentlemen-I who have never won anything yet. mean the Congress of the United States-can not create a court of Just see how far these Hernan gentlemen will go, Mr. Chairman. appeals. Now, consider the clause of the Constitution itself, and I They say that disobedience of orders is disobedience of orders re- do not thinlc that the question admits of any dispute or argument. gardless of the character of the order, the time, the place, or the You have just as much right to create a superior military court as circumstances of its commission. Now, is that reasonable? Are we you have the summary court. You have just as niuch right to create going to legislate upon any such proposition as that? Is Congress this military court of appeals as you have the general court-martial. going to permit the Army to be governed upon any such lawless, And certainly everybody has lcnown from the beginniilg, and the senseless principle as tliat? We have these cases. A young soldier Supreme Court of the United States has said time and t~meagain, guarding a park of artillery clown in soutl~westTexas, exhausted, that courts-martial of the United States are purely the creatures of and having just come out of the hospital, still sick, sat down on post, Congress, as you malce them, whatever you malce them. You may as he ought not to ha~edone, and fell asleep. The nearest Qerman- have one lcincl of court or ten lcincls of court; you may vest final so far as I know, the nearest enemy-was 4,000 miles away, with the juriscliction in the sumniarv court or the special court or the general Atlantic Ocean between. To be sure, it was necessary to guard those court, or you can vest final jurisdiction in an appellate court. guns. It would probably be far better done by watchmen, but we Really, that is not worth arguing, although seven pages of this report can train soldiers that may. Now, to sentence that man to death, is taken up with that proposition. Mr. Chairlaan, simply upon this ]lard and fast principle that sleep- They say that you must not divorce discipline from the hands of the ing on post is sleeping on post, no rnatter where it is, I say is incon- commanding general. I have never insisted that you slioulcl. I sistent with our natural sense of justice and what military necessities have only insisted that the disciplinary nleasures that are to be han- require. dled by a commanding general should be regulated by the law of the They say that this boy who would not give up his cigarette must land. be most severely punished, because disobedience of orders like that Now, that whole report is right in theory with that celebrated will grow like canker or gangrene throughout the military establish- editorial that appears in the Congressional Record of February 15 ment. Now, that sounds all right; but it is predicated upon the last, I think it was, talcen from the Chicago Tribune, read into the idea that we have got a set of ~eoplewho are set like tinder, ready Kecorcl by the present clistinguishecl chairman of the House Com- to catch fire from every bad hreeze that blows in an army-and you mittee on Military Affairs. evidently expressive of his views, at the know that we have not! Men do not want to disobey orders. Take request of the Judge Advocate General of the Army of the United that same man up aqainst a German, after he has been given some States. The editorial is very brief, indeed, but it speaks a volume. It instruction as a soldier, and if you went and told that man to charge is the text of this Kernan report; it is the text of the War Depart- the German, or to shoot at a German, or to advance on a machine- ment attitude. I say that this committee's report proceeds exactly gun nest, and then he deliberately and knowingly and intentionally along the line of this eclitorial, which I believe was expressive of refused to do it, why, to say that that case is such as that case was the vlews of the gentlemen in the other House, and which I want to up here in the New Jersey camp is quite absurd. read here, because it is brief. [Reading:] They speak contemptuously of a solclier, however new he may be ARMY DISCIPLINE. in the Army, following the natural human impulse and inclination, or human sentiments. They say, and they are quoting the War De- " $01- I am a man under authority, having under myself soldiers; and I say partment for this, "Why, are you going to let a man go home to see to this one, Go, and he goeth; and to another, Come, and he cometh; and to my servant, Do this, and he doeth it." (St. Matthew, vii, 9.) YVY UW~'ABLISHMENTOF LMILITARP JUSTICE. P ESTABLISHMENT OF MILITARY JUSTICE. 293 When a soldier foes absent witllont lvave, deserts his post of t1ut.y to set. a (lying fatlwr, 11e docs so 11ec:iuse his owi~personal desires ;Ire stronger than his the system, and that the old officers in the service in large percentage sense of rc~sl~onsibilityto liis country. It niay be a 1i:rrtl thing to give up seeing approve of it, and that the other oficers go from absolute, flat dis- a dying father, hut it is a liartlw thing to give II~Jru~iiiil~g ;c\wy in the face op spproval to a mild approval or disnpproval. Of course the gentle- tlie cmenir. men of the Regular Establishnlent who have been trained to this sys- tem do approve in large percentage, but this is a fa~t,and is one that loudly: You take an officer at liis retirenrcnt time, or an officer after he has retired-a Regular oiEcer-and see what lie says &bout it. Yo11 mill find him quite a libeld-alincled man. He has got back into civil life; he is no longer in the hierarchy and sub- ject to it; 11~has taken R calm sllrvey of his life's work. If they ]lave 255 letters horn officers of the Army at large, I have got seven tinlcs that 111~5letters from oflicers of the Ariny at larg~and very Ail Arlny, to I)r s~~ccrssfoliu the fioltl, mw:t fro111 tlw I~IOIII~II~it i~tngilis ti nearly that many letters from officers of the Regular Army on the re- trail1 at hoiw Ii:~vc:~l~solntcl co1it1.01 of its discil~lit~e.Y'hc c.orn~~l:~~~tli~~~ncqlet.x[ is evel~ytliing. I-It1 111ltstbwr the tlirer lteys. I+.> ~linstliaw lilml control. Ele tired list and who arc about to go on the retired list, saying that niuet I)(. the jutlici:i~.y, the lefislatnre. and t11:. rsrcuti~~c.If he \rere 11c:t, 11e ought to be done about this system. The board say that woultl not 1i:rvr an nriny. Hr ~roulclhave :i collection o-S :lrn~etliritlivi~lirnls. it is noticeable that the gentlenlen who haVe been on the battlefront, It hnppciis-and I looked it up-t1la.t the test of this editorial out of these 255 oflicers, aclrocate the present systcnl because tll-y is the stat.r~ientinn.cle 'by the centm.ion when he came to Christ at have seen how necessary it was to have this Gerinan hard and fast Cnl~ernaiiinand :~pologeticallyashd Christ to save his child, saying, system applied to our troops. If that is so, if they saw on tlie battle- " I represent the power of the whole Roman Fmpire, and yet ovet field how necessary it Kas, they must have seen it through observing these 11ioral and spiritual things I h:~veno control, and you have so the derelictions of our men. Now, me did not have that kind of mucli." That was the 13oman theory, to say to the soldier, " Go, gnd wholesale dereliction on the battlefield. I went over to Europe and he goeth," ancl to another, " Come, ancl he cometh; " and the centnrloll commanding generals there argued with me that they had to have had a.lssolute control. MTe fo~ulclthe Roman theory in the Genllan more Fewer to shoot men, and I said to one of them: " It seems to Army; harcl ancl fast iron discipline. And yet that German Army me that I must infer from your insistence that for the first tiine we was fairly pitted-more thta~fairly pitted-against the liberal a.rmies have an army with a very considerable number of co~17arcls in it." of the world, especially our own, ~vhenour Army was not the best rLNo,no; nothing of that kind." "Where, then, is the necessity for equipped a.rmy-when it mas not the best led army Rom the stand- this thing? " Then they began to tell me about our allies, how our point of profeksional soldiers; but we saw that lcincl of cliscipline allies took men ancl stood them up and shot them before breakfast. pitted against this higher xppreciation ancl conception thnt an Ameri- And I investigated our allies' administration in that respect, and can solclier has of his duty as a solclier, ancl we saw the result. it did not bear out that statement at all. When I came back from tlTe overcame the German troops in front of us, not because me Europe, I said to the Secretary of War that an enlisted man of our liacl had this long system of Regular Army training ancl this hard Army has poorer protection than the enlisted man in any army and fast cliscipline, but. because of these other qualities that I have with which we mere asociated. It is true. A man could not be referred to; and me succeeded, to an extent, in spite of the syktein of executed in the French Army by a commander in the field in this cliscipline t,llat 11-e had and not because of it. We sncceec1ed. in a ruthless way. It was passed upon by the suprellle authorities of word, because of the American spirit that those men took there with the land. t11c.m. It was lbecause of the spirit and not because of this harcl and I have already adverted to the fact ihat the report concludes, fol- fast senseless discipline that we won against the Romano-Geman lowing Col. Wigmore's letter, as you remember, that if you loosen up niethods. on this system of discipline, as you call it, you are bound to have The gentlemen again in their report referred to the fact that the bolshevism. That is the bugaboo now. There will never be a bit of new Army officer is responsible. Responsible for what, I do not reform or a bit of progressive legislation proposed but that the people lmow, because the report is an approval of the result of the aclmin- who insist on being static will label it bolshevism. istrxtion. But as I saicl the other morning, concecling harsh punish- Senator CHAMBERLAIN.The only indication of bolshevism in the ments, the statement is not so; ancl even if it were so, me ought not American Army that I have seen comes from the mouths of the men to hn~ea system that pmmits a new oficer to abuse his force. It who have been unjustly punished in Europe, and they are very bitter slioulcl be controllccl by law rather than by the untrained judgment at the treatment they received. :~ndunrestrxinecl power of this new inan. Mr. ANSEIL Of course, if it is as reactionary as I have said it is, But I saicl t,hat the fact was that the convening authorities were and there ever should be bolshevism, I think logically we could at- not untrainecl officers; they had t.he authorit,y : and they ought not tribute the bolshevistic spirit to the oppressive treatment. Nom, the to pass the buck to any new officer. idea of Mr. Wigmore coming along, and in the spirlt which this re- The Kerilan board say that they II:L\-E act~~allyheard from 255 port adopts, saying that that is the way they have in bolshevist officers, and that rathcr more than half of those okficers approved of 294 ESTABLISHMENT OF MILITARY JUSTICE. ESTABLISHMENT OF MILITARY JUSTICE. 293 armies, and that this will lead to bolshevism. Does anybody be- Senator LENROOT.We will hear you, then, Mr. Thomas, on Tues- lieve that bolshevism, or whatever else it is indicating lawlessness day at 10 o'clock. in Russia, is due to too much liberalism and too much democracy, to Senator CH~~BER~AIN.Mr. Thomas, 1 would say, did not come too high a regard upon the part of the officers of their Army for the here to testify. He was here in Washington on some business, and I enlisted man? Is bolshevism, this great upheaval, or whatever it is, met him and was talking to him. I thought the committee would be traceable to an overdose of liberalism or is it, indeed, traceable to the interested to hear him. fact that it is a break up of the old reactionary system that they have (Thereupon, at 12.30 o'clock p. m., the subcommittee adjourned had there ? until Tuesday, September 2, 1919, at 10.30 a. m.) It is not a fair argumcnt to come here and argue against the bill that if yon require discipline to be ~qnlatcdaccording to lam, the consequence, must be bolshevism. It is one of those arguments ad horninem, and a foolish one at that. I got a letter yesterday from a New York lawyer. It was in reply to a postal card I had sent out asking the American Bar Association would they please be careful, in passing upon the report of that bar association committee, so that the American bar might not be said to espouse the retention of this system, ancl this New Yorlr lawyer wrote a letter. He said, " Oh, I will admit that lawyers have a great influence; but it may not be in the direction you want it in. We have got bolshevjsm on every hand, and the whole country is lawless, and we have got to come ont and shorn people, and if necessary we have pot to hang them. There is going to !!e a terrible time, it is certain. That is the line of reform we want in this country, and more and more needed." Well. that is his view of it. When I vas discnssiner ~ointXo. 1 the other kerning, I had started on showing t,l\is comki'ttee the spirit with which that revision of 1916 mas undertaken. I hacl put in one exhibit, but I was switched off, as I have been very frequently- switched off of my own accord-to another subject, before I put in another exhibit, ~vhichI would like to clo now. I thinlr it is very brief. It is just some statements made by the Judge Advocate Gen- eral ancl the Secretary of War before the committee, to show conclu- sively that they rejected absolutely the liberalization of this system at this time, as they still do. I desire to thank this committee for their extreme patience in hear- ing me, and their extreme courtesy at all times. I have hacl a full ancl fair hearing, and I want to thank you for your interest and at- tention. Senator LENROOT.We are very much obliged to you. Senator CHA~~ERLAIN.May I suggest the names of some other witnesses whom we would like to hear? Senator LENROOT.Yes. Senator CHAMBERLAIN.There is a gentleman here from Detroit, who served as an enlisted man through the war, and had some experi- ence of court-martials. Can we hear him on Monday? ' Senator LENROOT.Are you going away, Mr. Thomas? Mr. THOMAS.I have been very anxions to go. I have been waiting over, Senator, in order to make my statement. Senator LENROOT.On Tnesclay, tllen, we mill hear g70u. Senator CHA~BERLAIN.There is also Col. Chantland, of the De- partment of Justice. Will vou hear him? Mr. ANSELL.Mr. Chantland is away, and will not be back for o17er a week. - ESTABLISHMEN 1" 0 F MILITARY JUSTICE - HEARINGS 1mI:oILfi; .\ SUBCOMMITTEE OF THE COMMITTEE ON MILITARY AFFAIRS UNITED STATES SENATE SIXTY-SIXTH CONGRESS FIRST SESSION ON S. 64 A BILL TO ESTABLISH MILITARY JUSTICE PART 3 - I'ri~lteclfor r11e use of the Committee on Militnry Affairs W~4SII13CTOS GOTERSXEKT PRISTIxG OFFICE 1819 ESTABLISHMENT OF MILITARY JUSTICE HEARINGS SUBCOMMITTEE OF THE COMMITTEE ON MILITARY AFFAIRS UNITED STATES SENATE SIXTY-SIXTH CONGRESS FIRST SESSION - S. 64 A BILL TO ESTABLISH MILITARY JUSTICE PART 4 Printed for the use of the Committee on Military Affairs WASHISGTOS GOVERNMENT PRIXTIXG OFFICE 1919 I;ESTABLISHMENT OF MILITARY JUSTICE HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON MILITARY AFFAIRS UNITED STATES SENATE SIXTY-SIXTH CONGRESS FIRST SESSION S. 64 A BILL TO ESTABLISH MILITARY JUSTICE PART 5 Printed for the use of the Committee on Military Affairs . . ' WASHINGTON GOVERNMENT PRINTING OFFICH 1919 ENT OF MILITARY- JUSTICE -- -- I HEARINGS BEFORE A SUBCOMMITTEE OF THE I COMMITTEE ON MILITARY AFFAIRS,, UNITED STATES SENATE SIXTY-SIXTH CONGR.ESS I FIRST SESSION S. 64 A BILL TO ESTABLISH MILITARY JUSTICE I. Printed for the use of the Committee on Military Affairs WASHINGTON QOVIURNMENT PRINTING OFFICE 1010 FqT ABLISHMENT OF MILITARY JUSTICE 10/23/13 HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON MILITARY AFFAIRS UNITED STATES SENATE SIXTY-SIXTH CONGRESS FIRST SESSION S. 64 A BILL TO ESTABLISH MILITARY JUSTICE PART 7 Printed for the use of the Committee on Military Affairs WASHINGTON GOVERNMENT PRINTING OFFICE 1W9 ESTABLISHMENT OF MILITARY JUSTICE /- /- - SUBCOMMITTEE OF THE COMMITTEE ON MILITARY AFFAIRS UNITED STATES SENATE SIXTY-SIXTH CONGRESS FIRST SESSION S. 64 A BILL TO ESTABLISH MILITARY JUSTICE PART 8 Z'ri~lted for the use of the Committee on Military Affairs WASI-IINGTOS GOVERNMENT PRINTING OFFICE 10 19 ESTABLISHMENT-- OF - HEARINGS BEFORE A SUBCOMMITTEE OP THE COMMITTEE ON MILITARY AFFAIRS UNITED STATER SENATE SIXTY-SIXTH CONGRESS. FIRST SESSION ON S. 64 A I!II,L TO ESTABLISH MILITARY JUSTICE - PAET- 9 I'~iiltcclfor the use of the Committee on bIilitary Affair F ESTABLISH ENT OF MILITARY JUSTICE 1 - HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON MILITARY AFFAIRS UNITED STATES SENATE SIXTY-SIXTH CONGRESS FIRST SESSION ON ' So64 A BILL TO ESTABLISH MILITARY JUSTICE PART 10 Printed for the use of the Committee on Military Affairs FICE s: I-IOUSE OF KEPRESENTATIVES. REPORT I { No. 940. -- -. - TO AMEND THE ARTICLES OF WAR. ~V~AY7, 1920.-Referred to the Ilonse Calendar and ordered to be printed. ---- Mr. CRAG~,from the Committee on Military Affairs, submitted the following REPORT. [To accompany 13. R. 13942.1 The Committee on Military Affairs, to whom was referred the bill (H. R. 13942) to amend section 1342 of the Revised Statutes of the United States, known as the Articles of War, and for other purposes, having considered the same, report thereon with 'a recommendation - that it do pass with the following amendments: Page 14, line 8, strike out the period and insert the following: P~ozided.further. That every person not subject to military law, who before any Court-martial, military tribunal, or military board. or in connection with, or in rela- tion to any proceedings or investigation before it or had under any of the provisions -of this act, is guilty of any of the acts made punishable as offenses against public iustice by any provision of chapter 6 of the act of March 4. 1909, entitled "An act to codify, revise, and amend the penal laws of the United Ftates" (volume 35, United States Statutes at Large, page 10S8), or any amendment thereof, shall be punished as e 6, after the word "found" insert the word "not," tence will read "found not guilty." THE COURT-MARTIAL CONTROVERSY. During the late war, and since its close, there has been much con- troversy in the public. ress and in both branches of Congress regard- \ ing t,he system of mi f' itary justice as administered in our armies. Many of the critics of the present system have overlooked the fact, that the prese,nt Articles of War were enacted into law only four years ago. At that time a subcommittee of the Committ,ee on Military- Affairs of the House was considering a complete revision of the then existing Articles of War, with the intention of recommending to the House certain changes. Before these hearings were completed the. Senate attached to the Army appro riation bill of that year what was then called a revision of the Articf es of War, and these provisions, were enacted into law. 2 TO AMEND THE ARTICLES OF WAR. " TO AMEND THE ARTICLES OF WAR. 3 No thorough consideration at that time could be given the matter, at least by the House, and as it was thought the czdopt~onof the pro- 5. Neither trial nor punishment on trivial charges, no action by a posed revision would meet the requirements at that time it was court when disciplinary action is sufficient, no trial by either special enacted into law. or gencral court-martial when an inferior court can properly dispose Since the closc of the war attention has been frequently called to of Che case. the fact that our present code is archaic and out of date; that we have 6. Junior officers made subject to disciplinary punishment as well not kept pare with othcr nations in such matters. and that we mere as enlisted men. going too far back into the past for our plan of administering militmy 7. Punishing power of summary courts reduced to one month, in justice. order the sooner to return offenders to a duty status. These arguments as to age, etc., have but little weight when we 8. Summary and special courts' power of forfeiture reduced to consider the fact that the fundamental principles upon which we base two-thirds of soldier's monthly pay in order that funds for laundry, the law of our land, under which our civil population is governed, toilet necessaries, etc., may be available. date back far beyond that of the so-called Articles of War. - 9. Maximum limitations of membership in court in special and However, the many, many instances of apparent injustice which general courts-martial removed, to revent technical reversals in, have been brought to the attention of the American people have some cases; not to increase the size oPcourts, as quality is more im- convinced us that some radical changes in the matter of administer- portant than quantity. ing military justice should be made. An investigatiqn of many of 10. All members of the various courts to be the best available for the cases cited as showing unfiirness in the administration of military the duty-age, training, and judicial temperament considered. 11. Law member of general courts-martial provided. justice in the past will disclose the fact that the personal clement Defense counsel and entered too largely into these cases. 12. The right to counsel fully recognized. In order to give to the Army a more modern interpretation of assistant defense counsel, when needed, provided. military justice, and furnish it with a medium by which more exact 13. The oath of the trial judge advocate is changed to insert an justice may be administered, your committee, having given this allegation to faithfully and impartially perform his duty. matter careful consideration, has presented this bill. 14. It provides for one peremptory challenge for each side, the law To persons who are interested in following this matter more in member, however, being subject to challenge only for cause. detail than it would be possible to give it in this report, we would 15. Embodies in statutory form the existing practice .requiring recommend a reading of the hearings before a subcommittee of the reference to a staff judge advocate for his action and advlce before Committee on Military Affairs of the United States Senate, Sixty- referring charges to a general court-martial or acting on the pro- sixth Congress, first session, being hearings conducted on Senate 64, ceedings thereof. a bill to establish militaq- justice, and also to the hearings held before 16. Death sentence to require a unanimous vote of the court. a subcommittee of the Committee on Military Affairs of the House, 17. For convictions other than death, two-thirds vote lnstead ol held on May 4, 1920. a majority vote required. These hearings have been printed and are available for the use of 18. Acquittals to be announced by the court. persons desiring to use them. 19. No reconsideration of acquittals, and no increase of sentence In this connection it might not be amiss to remark that the bill on revision or new trial. here recommended for passage has the approval of the War Depart- 20. Certain convictions, under regulatiohs, to be announced by the ment and the representatives of organizations composed of men court. who have seen service in the late war, as evidenced by the testimony 21. The proposed revision authorizes the President to prescribe before our subcommittee of a member of the legislative committee limits of punishment in time of war as well as in time of peace. of the American Legion. 22. Provides for an adequate legal review of all tria s by general Your attention is called especially to the following salient features courts-martial and for effective ap ellate power. of the revision proposed: 23. Provides that persons not suiject to military law, who commit acts in connectioll with any court~martial,made punishable by the rovisions of chapter 6 of the act of March 4, 1909, United States SALIENT FEATURES OF THE REVISIOK. itatutes at Large, shall be punished as provided in said act. 1. A charge must be preferred under oath, by any person subject to military law. 2. Speedy but thorough and impartial preliminary investigation will be had in all cases. 3. Under the proposed revisions commanding officers will be * brought more frequently into personal contact with alleged offenders. 1 4. Disciplinary punishments, properly limited, are preferred to trial. URTS-MARTIAL AMENDMENTS TO ARTICLES OF WAR HEARING SPECIAL SUBCOGYIMITTEE QF THE COMMITTEE ON MILITARY AFFAIRS MOUSE 011' REBRESENTATfVES SIXTY-SIXTH CONGRESS SECOND SESSION TESTIMONY OF MAJ. GEN. E. H. CROWDER BRIG. GEN. E. A. KREGER LIEUT. COL. WM. C. RIGBY HON. T. W. MILLER WASHINGTON GOVERSJIENT PRINTIKG OFFICE 179324 1920 SUBCOMI\IITTEEOF THE COMMITTEEON MILITARYAFFAIRS, HOUSEOF REPRESENTATIVES, Tuesday, May 4,1980. The committee met at 10.30 o'clock a. m., Hon. Thomas S. Crago, presiding. Mr. CRAGO.Gen. Crowder. this subcommittee of the Committee on Military Affairs was appointed to consider proposed revisions of the Articles of War, and we have met this morning to take up with you and the other persons present, who are interested in the revision of the Articles of War, the proposed revision as incorporated by the Senate in the Army reorganization bill, as they appem in that bill, SUBCOMMITTEE ON MILITARY AFFAIRS. beginning at page 169. ' THOMAS S. CRAGO, Pennsylvania, Chakmm. We will be glad to have any suggestions you would like to make in HARRY E. HULL, Iowa. JAMES W. WISE, Georgia. connection with the revision of the Articles of War, and particularly CIIARLES C. KEARNS, Ohio. THOMAS1 W. HARRISON, Virginia. the Senate amendment added to the House bill for the reorganization HOWAEDF. SBDBWICK,UZerk. of the Army, and any further suggestions you may hare to make in 2 connection with that subject. STATEMENTS OF EAT. GEN. ENOCH H. CROWDER, JUDGE ADVO- CATE GENERAL, ACCOMPANIED BY BRIG. GEN. E. A. KBEGER, ASSISTANT JUDGE ADVOCATE GENERAL, AND LIEUT. COL. WILLIAM C. RIGBY, OFFICE OF THE JUDGE ADVOCATE GEN- ERAL. Gen. CROWDER.Mr. Chairman, I suppose the committee has in mind the history of the Senate bill. It followed very long hearings held by a. subcommittee of the Senate Committee on Military Affairs, consisting of Senator Warren, Senator Chamberlain, and Senator Lenroot. These hearings concluded in the latter part of November, 1919, and it was the understanding that the subcommittee, upon the reassembling of Congress on December 6 last, would make a study of the testimony and report a revision. That duty was not performed until quite recently, when Senator Chamberlain gave notice in the open session of the Senate that he youlcl offer his bill, in the absence of any reported bill from the committee, as a rider to the Army re- organization bill. Whereupon the Senate subcommittee assembled hastily and in a session of an hour and a quarter as I am informed reported a revision of the Articles of War, which mas presented to the full committee and indorsed favorably, and found its place upon the Army reorganization bill as a rider constituting section 2 of that bill. -4 COURTS-MARTIAL. COURTS-MARTIAL. .s I suppose, Mr. Chairman, yon want to get at theBveryritals of any other who spoke on the subject. His illustration was a yery this revision in the most direct ma possible. forceful one. He said, "Take two divisions, fighting side by di$e Mr. Cnaao. That is our desire, 8enera1, and I think the easiest on the front. In one of them straggling is a serious and freq~ent way to get at it, inasmuch as we have the bill before us, will be to offense, while the other division has reached a state of discipline confine ourselves as closely as v7e can to the articles as proposed in where strag@ing is a very rare offense." He said obviously in tllie the Senate bill. former divislon we must have the deterrent effect of punishment Gen. CRO~DER.Yes. But I want to invite your attention to the 2nd a higher sentence than in the division where the offense was three principal clianges in the present law that ]lave been m;t(le in comparati~-elyunlrno~vn. He arguecl tlie difficulty and inaclx-isability this bill. The first is found in the provision made in respect of of prescribing maximum punishment in time of war. excessive sentences of courts-martial ; the second is tlie pronsiun for Mj7 answer to that is that this is an authorization to the Presi- safeguarding the trial below against reversible error; and the third dent: that he need not go into tlie zone of combat in the exercise is the provision for an adequate appellate review for the detection of the discretion proposed to be giren him and prescribe limits of of reversible error prior to the case being finally acted upon. punishment. But there was no time during the progress of the The provision in regard to excessive sentences is found in a single World War he could not have exercised that authority and control article, and a very brief one, article 45. If I can hare your attentloll as to the Army remaining in the United States, the quantum of to that, I will make my statement. pnishment; that he might have found certain sections of the then- Let me say, Mr. Chairman, when I joined the Army from West ter of war where it would have been safe to make those limits ap- Point in 1881 there were no safeguards in the then existing code plicable, also in France or in Siberia. What you are doing here . against excessive sentences by courts-martial, except that it was pro- is to authorize him to establish maximum punishment in tlme of vided in the code that the death sentence should never be adjoclgecl, war: you do not command him to do so. except where it was expressly authorized. From that time, in 1881, I do not know that there is anything- I can say that will elucidate for a period of 11 years Army courts-martial functioned witlioot that subject further. any guidance whatever as to the maximum punishment of offenses Mr. WISE. What was the reason for making., it applicable- - hereto- that remained punishable at the discretion of the court. fore in time of peace only? The situation was a bad one. There mas a great lack of uniform- Gen. CROWDER.I tried without success to get that information, ity in sentences adjudged in normal peace-time conditions, where and searched the Congressional Record of that time. I can not tell you would naturally expect some uniformity in punishment. you whether it was a War Department proposition or not. It may Congress responded to that sitnation in 1892 and passed a law have had congressional origin. I do not know. But my opinion which provided that in time of peace punishments adjudged by has been always that it was safe to give the President this authority courts-martial for offenses for which the punishment lay within i11 time of war as well as in time of peace. I know of no other may their discretion should never exceed a limit established by the Presi- to meet the situa t' ion. dent. That legislation was limited to times of peace. 31r. WISE. Why should it be left to the President at all to fix the In pursuance of that authority the President issued a maximum limits? Why should not they be fixed in the law itself? punishment order in which he specified offenses punishable at the Gen. CROWDER.The very reasons mentioned by Gen. O'Ryan, who discretion of the court and announced limits of punishment for each. is the officer to whom I referred and who was in command of the There have been many revisions of the order, and all the revisions Twenty-seventh New York Division, would appl57 and furnish tl~c effective since 1911 I prepared. I remember very well the last one answer to your question. How can Congress fix the limits of pun- submitted to President Wilson. He returned it, asking if the punish- ishmenk that should gorern on a battlefield, and with the same ments were not excessive, that in looking over the order certain .. rigidity it fixes them m a statute operating in this country to fix punishments seemed to be harsh. I was able to reply that that order, punishments that should be adjudged by the civil courts? like the preceding ones, did not prescribe limits of punishment in Mr. WISE. I had in mind this fact, that our civil courts in prac- excess of those provided by the Federal Penal Code, which governs tically all the States have a limit of punishment, and the judges in the civil courts. That is true of the maximum punishment order the clifferent circuits do not always enforce the same punishments that was in force at the time this war broke out; but, of course, lor the reasons yon have given. In some cases they do not need to with the advent of war the statute ceased to operate, and courts- apply the limit of punishment, while in others they do. It is left to martial had a discretion as to punishments. in the exercise of which their discretion, within certain limits. Why should not that apply we have been furnished duri?g the past year with many esnmldes in this.case? of - what- appeared to be excessive punishments.- Gen. CROTVDER.The legislators who enacted those laws contem- Now. this revision comes along with a remedy by nin1;ing the ]dated certain definite conditions of society within State limits, and statate of 1892 applicable liotli in pence and io wsr. T milst say 1 can see how a legislator could reach a reasonable conclusion as to to you, Mr. Chairman and gentlemen, in espl:~nationof it. that the maximum limits. But taking the exigencies of war, the situations remedy has met with some opposition within the Army, and tliat produced in the clifferent theaters of war, in the different zones of opposition was more forcibly expressed by a civilian 1mw)~erlrobl- combat, it seems to me the legislative branch would hesitate to con- ing high command in the American Expeditionary Forces than by 6 COURTS-MARTIAL. COURTS-MARTIAL. 7 stitute itself a judge, unless they fixed the limits so high there would in addition to his duties as a member, shall perform such other duties as the be no protection. president may by regulations prescribe. Mr. WISE. Wo~~ldnot the Presiclent do that very thing? The Then I mill ask you to consider the related article, 31, which cle- argument you make is that different localities would require different fines tlie law officer's duties, especially the last sentence in that sec- principles. Would not the President fix a uniform maximum dur- which reads : ing the time of war? tion, Gen. CROWI~R.He would not be required to under this legislatio~~. The law member of the court, if any, or if there be no law member of the court, then the president, may rule in open court upon interlocutory questions, Mr. CRACO.I think you will find that all our civil laws contem- other than challenges, arising during the proceedings. plate that the time might come when the civil courts would cease to function, and you would have to go to the next step in law, which In my revision I had after that a proviso reading as follows : would be the suspension of the civil administration of justice and Provided, That if any member object to such ruling the court shall be cleared the turning of it over to the Army. and closed and the question decided by a majority vote, viva voce, begillning Mr. WISE. That same rule applies to the Federal courts as well with the junior in rank. as to the State courts. It is not only a matter in connection with Let me say with that proviso in the article me have the English the State courts. ~rovisionon the same subject. They have a law member, but he is Mr. CRAGO.I was speaking of the civil courts. That would in- Elaced in an advisory relation to the court. clude both courts. When the Senate committee struck out my proviso they gave the Mr. WISE. I do not quite see why the President would fix the maxi- law member tlie authority to conclude the court upon all these inter- mum punishment at any more than it would be fixed in any Federal locutory questions. When I noticed that, I set out, in a memorandum statute. to Senator Lenroot, of the Senate subcommittee, the objections to Mr. CRAGO.I think it contemplates something beyond the normal vesting. -- 0 the lam member with the power to conclucle the court upon condition, and of course. the civil courts contemplate only a normal all inetrlocutory questions arising. condition. I submitted to him a list of interlocutory questions that might Gen. CROWDER.I wonder if you woulcl be interested ih seeing a arise, and I will read that to the committee : copy of the maximum punishment order which is in force to-day. Pleas : You can see horn coml~rehensiveit is. I have a copy of it here. 1. To the comlrete~lcyor legality of the court; 2. To the regularity of the organization of the court ; LProclucing copy of maximum punishment order.] That is the way 3. To the jurisdiction, including that- the President has exercised his discretion in the past. He has here- (a)-of the subject matter of the offense, tofore established a uniform limit that is operative at all times and (b)-of the person of the accused ; in all places. 4. Of the statute of limitations; Mr. HULL.I presnme the I'resiclent is alvags advised by the high 5. Of a former trial; 6. Of a fornler conviction ; comrnancl of tlie Army as to what that slzould be? 7. 03 a former acqui.tta1; Gen. CROWDE~.Yes. He has alnps received a revision from the 8. Of a pardon, inclucling that of (1) special pardon. (2) general partlo11 War Department, acconipnnjecl by an esplanatory memorandnm. (3)constructive pardon. Mr. I-Tur,z. I guess when those conditions arise he v-ould uniloubt- (b) Questions of procedure arising upon any of these pleas, as for instance, 1 Whether evidence shoulcl be heard upon the plea ; eclly consult the War Department ? 2: Whether tlepositions may be received; Oen. CROTI.~I:I~.That moulrl he the nztnral nay of rloin~it. 3. Whether an adjournnlent or a continuance should be had to permit If the committee has all the information it cares to have on the time for the presentation of evidence thereon. general subject. there are some changes I woulcl like to suggest. (c) Motions, as, for instance, Tn -. - nn~sh-1---. .--the --- charge- or the proceedings; Mr. CI:.\GO. I \~-o~llcllike to ask ~011in a gcnexl nay, n-hether 2. To strike out certain chuges or specifications : the revision proposed in the Senate amendment meets with your 3. (By the trial judge advocate.) To amend the charges or specificario~:~. approval 8 fa) And. if such amendment be allon~ed.\vhether x motion h?- the (fen. CIIOWDER.Yes; in a general way. it does. nc&sed for a continuance should be granted : 4. For a separate trial by one or more of the accused ; Nr. C~.wo.Yon regard those chan~esas a great impro~ement 5. For a contil~nance(on any one of a multitude of grounds; as. fo~ill- on our present code ? stance, to take depositions, because of surprise, because of the ahsenct~ Gen. Cnon-DER. I dlnow ask pour attention to the safe- or illness of a witness or counsel, because of lack of time to prrl).~l'P. guards established by this revision aeainst reversible error'in the or because of any other of the many reasons which may he nr~!::s grounds for continuance.) trial below. : The last paragraph of article 8 reads as follows (d) Ivhetller 011 any lnotion evidence shc11ld he heard, Or a c0lltil1~:~l1:~~'I):' adjournnlent nllo~veclfor the purpose of ~rocurillge~idence. (01 Tilo nvdw A A & A of the introdu~tio11of witnesses and other r~idence. ,- , - - .. . - - .- .- - ( f) The recall of witnesses for further examination. (g) Application of the rules of evidence; rulings 11~1011 objections to testi!!!llii!-, involving a great multitude of various kinds of questions, and not infreq::c~:il!y the virtual determination of the case, , Mr. Cica~o.Eight along that line, General, what is the necessity for a closed session of the court, to pass on the adn~issionof evidence and other questions proiided for in a closed session? That is not the in civil courts, even in our most celebrated cases in civil :ourts. (+en. C'ROV.L)J:I:. Tlie objections are found within the general field of the tliscipline of an army, the extent to which military relations mi@t be inlpaireil by pnblicity. I ca~lthinlr of no other reason for distmgnishing our jurisprudence from the civil jurisprudence. But ve provide here far all these rulings to he made by the law member in open colirt, mi then when they undertalre to revise that ruling On all sl1ct11ql~rst~onx, ::ncl on all otller cpestions of every kind aris- thev co into closet1 session. Do you lifiow any other reason, Gen. ing at the trial 1)rior to the linal findings of guilt or innocence, e,. d L cept rulings on cliallenges, the decision of the law member or of the Iiregerl . president of the comt, as the case may be, mill absolutely control the (;en. lin~~~n.So; except that in a civil court when the bench is composed of two or more judges, all difference of opinion is usually court, if article :31 be enacted into lam in the form it passed the disposed of in chambers ancl not in the presence of counsel ancl jury. Senate. Mr. C'ruco. They are acting here in the dual capacity of court Senator Lenroot. upon consicleration, thought that perhaps that and jury. Tlie only reason I have raised the question is because% mould be wrong, and said he mould take up with the Senate con- is a matter of physical discomfort. It is some-nrhat of a nuisance to ferees an amendment of the article ~~hich7770ulcl limit the law mem- be constantly rising and clearing the room, and it throws about the ber of the court ruling upon questions of evidence, and let him rule ~xoceedinpsa sort of an air of sec:rec~7that is capable of so many on these other questions subject to revisory action by a majority of interpretations, and lye are trying to get away from that very thing. the court. That vas accomplishecl in an interview between the Sen- Gen. Kmc~en.When you provide for rulings in open court except etor and Col. Gigby. of my office. But Senator Lenroot said he IT-henthey are challengecl, you ha~egot rid of that procedure. ~~oulclinsist upon the right of the lam member to conclltde the court Nr. CRAG(>.The fornler practice, it seemed to me, was ra.ther unnec- upon questions of the admissibility of el-idence. I then went to see esskry, and in a greilt many cases it brought about an air of mystery the Senator and asked his attention to the application of the article that was capable of wrong construction. to an assumed cast.. I asked him to consider that we had the Pitz Gen. CROI~HCR.This pro~isoreserves the power to t,he court-martial John Porter case to try over again, the charge being faillme to sup- to oilerrule the law member. It says : port Pope at the second Battle of Bull Run. The law member selected as sliillecl in the law, but in the usual case without line ex- Procidctl. Tllnt 11111esssuch ruling he made by the law member of the court, if auy 111rmber object thereto the court shall be cleared and closed and the perience, woulcl find hiniself surrounded by a court composed of qnestiolt clrcitlrtl by a ~~~iljorityvote, riva voce. beginiring I\-ith the .junior in corps and dirision commanders clesignatecl to determine that issue. rank: .41rr7 11rori(ld fwr.tllc.~., That if any such ruling be made by the law mem- The el-iclence is all strat~gicalor tactical, ancl action on the battle- her of the court up011 an7 inter1ocu.to1.y question other than an objection to the ;~dmissil)ilit)rof evidence offered during the trial, and any member field has to be interpreted. I aslied him if in such a case the law object to the rulinz, the court shall likewise be cleared and closed and the menlber voulcl not be embarrassecl in ruling upon the relevancy of clnestiol! tleciclrtl I,?. ;I ~najo~itgvote. riva voce, beginning with the junior in the eviclence. He had to admit that he probably would be in many in rank : ~'l'(~l'idcdJ.?c~,the~. 710 toeve,., That the phrase " objection to the admis- instances sihility of i-r-itlr~~crobered during the tml," as used in the next preceding IL pro-;is(! hcrrof, shi:ll not he construed to include questions as to the order of then authorized me to draw a still further exception which he the i~iirotl~~ctiollof ~vitnesses or other eridence, nor of the recall of witnesses would undertake to present to the Senate conferees, reserving to the for further es:~n~ilintioli,nor as to whether expert witnesses shall be ad- court the right to pass upon evidence of a strategical or tactical mitted 11r cnllctl upon ang- question, nor as to whether the court shall view character or military questions. When we got that far I said, " What the prtmisrs \I-here an offense is alleged to have been committed, nor as to the competency of witnesses, as. for instance, of children, witnesses alleged is there left? MTould it not be better to talie the whole step and to be nientally inrompete~~t,and ,the like, nor as to the insanity of the accused, place the law member in an advisory relation to the court, and re- or whether tllr existence of mental clisease or mental derangenlent on the quire the court to enter of record any instance where they failed to part of the accusetl has beconle an issue in the trial, nor whether accused's follow the advice of the law member?" He said no, he mould insist wnfession shall be receh-ed in evidence. or accused required to submit to physical esalni~~ation,nor rvhether any argulllellt or statement of counsel for upon the lam member having the right to conclude the court on all the accuseil or of the trial judge advocate is improper, nor any ruling in a questions of admissibility of evidence other than those of a strategi- ciwe inl-t~l~i~~gmilitary strategy or tactics or correct military action; but, eal or tactical character, or military questions. upon a!l those and sinlilar questions arising on the trial, if any member My own opinion is that it would be better, in taking this step. to ,object to any ruling of the lam member, the court shall be cleared and closed ant1 the qnestion tlrcirlrd hy majority vote of the members, in the manner adopt the English precedent. I will be ready to take the full step aforesaid. if and when it is shown to be advisable. But my mind is not in-' formed to the extent that I am willing to talie the whole step now. Mr. CRAGO.That reserves the tactical feature to the court. 10 COURTS-MARTIAL. COURTS-MARTIAL. 11 Gen. CROIVDER.Yes. That, I think, the Senate was ready, per- tences-that is, the graver ones-mltil there could be an appellate haps, to accel~t. review by the branch office. Mr. W~s~.~Whatis there left after that? The system has worlred well, and the effort here is to put it into the Gen. CROWDER.Suppose you are trying a common-I:IWor statntorY form of statute law. A majority of the committee-in fact, I may offense in which courts-martial hare concurrent jurisdiction ~vitl~ say the entire committee--of the American Bar Association that has civil courts, such as murder, manslaughter, embezzlement, larceny, investigated the subject of the administration of military justice ex- ancl so forth. The law member would have that power, except in pressed themselves favorably toward the kind of appellate review regard to the order of the introduction of testimony, the mental de- we llad establishecl in orders, viz, :L board of review advising tlie rangement of the accused, the competency of witnesses, ancl that sort Judge Advocate General. of thing. But no military question would arise, perhaps, in a trial With that preliminary statement, Mr. Chairman, I want to take of a common-law or statutory offense. So that as to the extent that up ~rticle50&, the first paragraph of which provides for just such the jurisdiction is concurrent between civil ancl military courts to a board of review ; the second paragraph of which provides for those that extent there would be reserved to the law member considerable cases in which the Presiclent is the confirming authority or t,he re- Dower. viewing authority, and whicli reach him under any circumsta?ces. Mr. WISE. There ~~onlclbe no appeal from his decision? The third paragraph is the one to whi.cl1 I want to call the ., (:en. Cxon-DER.30. especial attent,ion of the committee so that I may explain the system Mr. WISE. Why should there not be? as well as I can. Passing over the first part of that paragraph, which Gen. C'now~sr,. Somebody has got to speak ~7itl1finality in the iaa prohibition, we redl line 1, on page 197. From line 1to line 8, on trial. There is providecl later on a review in the nest s~tbclivi~i~~~page 19'7. we have presented the case where this board of review, that I ill refer to. There is a final review in the Judge Aclvocate. appointed in my office, holcls, with the approval of the Judge General's Ofice, where any error which he thinlis may need correc- Advocate General! that the record in a case in which the order of tion may be corrected. execution has been ~~~ithhelclunder the prorision of this paragraph ?Tow, gentlemen, I have meant in this statement, which I have tried. is legally sufficient t,o support the findings and sentence; and in that to malrc, briefly to put before yo11 the essefitinls of t!lis irnport,alit case it is provided that " The Judge Advocate General shall so advise change in the Articles of War. I do not think of any omission on the reviewing or confirming authority from whom the recorcl was my part to state anyt'hing that is particularly relevant to the receired, who may thereupon order the execution of the sentence." disc~~caon.' This is the cass n~llerethe boarcl of review. in concurrence with the Mr. CRBGO.Have yo11 any other amendment to suggest? Judge Ad.rocate General-perhaps I shoulcl pnt it in just the con- Gen. CROWDER.Yes J I hare a thircl, and perhnps the principal,. trary way-~vlzere the Juclge Advocate General in concurrence vi.th reform to bring to your attention. the board of reviem finds the proceedings regular; that is, that the I will ask you to turn to article 504, on page 96. Article SO+ cose is free from reversible error. Without referring that case to establishes the appellnte iuriscliction. Perhaps I sho111cl say that t,he Secretary of Wor or the President he rsturns it to the reviewing appellate review: except for jurisdictional error, as clistinguishec~ authority for the execution of the sentence. That is point No. 1. from reversible, prejudicid error was unknown to the military serv- Point No. 2 provides for the case where there is a finding by the ice prior to the comment ement of this war, except in so far as the Judge Advocate Generbl in concurrence mith the board of review of convening authority took cognizance of reversible error. insufficiehcy in the record. The pro~~isionreads as follomrs, com- Bnt I inem here in ?~T~shinptonthere was no such t,lling :as appel- mencing on line 8,pa.ge 19'7 : late reuieir, csce,pt for jnrisdidionnl error, that vo~llcllead to a When in a case in %.hich the order 0.f aser.i~tion112s been withheld under the decree of nullity. llTeha!l not gotten into this ~arve~y far imt-il \Te provisions of this l~nragral?h,the 1m11.r~of i.t.rien- 11olds the recorc!~ of trial aizn- that, with the aevi :mtl ii-~espe~iencedpersmnel aclminisiering legally insufficient to sup11o1,t the fi1:tlings oi sentence. either in wl~olt?or in inilitnry justice, the1.e \..-as goin* to be n great ckal of rerwsible part, or errors of law bare been cornmitt-rd si~l~stantinllpaffecting the rights of ? the accused, and the Judge Advocate General concurs in such holding of the error. The necessity for appellLcc Imn-er was recog:lizerl !)?T etcry- board of review. snch findings and senlcnce shiall he T-acnted ant1 the record shall body. There vas 1x1 question :!bent it. We acted prompt!y, request,- be transmitted throng11 the proper chilnnels to the convenin,~authority for a ing !egislation from Col~press. That was clone in January of 1918. rehearing or such other action as may be proper. But we did ilot get thnt legisletion, and in clefault of it ve establidled In this case, as in the first one, yon have the board of review acting an appellate revien- by hat has become lrnomn to the country ~LS in concurrence with the Judge Aclvoca.te General, and in both cases General Order Ko. 7. review by the Secretary of War or the Presiclent is precluded. The Presiclent. in that ~ariler,took the respo~sibilitpof saying to That brings 11s to the third class of cases. It is the case where the the. conr-eiiing znuthorities belc~r-that in certain classe,s of cnses thy Judge Advocate General "shall not concur in the holding of the shonhl suspe~l?: the final orders of execution of sentences until the board of reviev, the Judge Advocate General shall forward a11 the case cou!d be reriewetl for p~ejnclicialerror here: nncl to meet the papers in the case, including the opinion of the board of review and sitnation in France he estxblished a branch o6ce of tlie Judge .Acl~-o- his dissent therefrom, directly to the Secretary of War for the action cnte General in Frznce for the re^-iev of cases, and required t,lle- of the President, who may confirm the action of the reviewing au- same liiild of snspension vf the execution of certai~tc1:rsse.: of sen- thority or confirming authority below, in whole or in part, with or 12 COURTS-MARTIAL. COURTS-MARTIAL. 13 without remission, mitigation, or commutation. or may disapprove, Gen. CROWDER.If ion accept the idea in the Senate bill inalciing this in whole or in part, any fincling of guilty and may disapprove or considerable delegation of authority to the Judge Advocate General vacate the sentence, in whole or in part." when he is in accorclance with the boarcl of review, there will be nec- As to this third class of cases. the revisory pon-er of the President essary some revision of the language which does not disturb the idea and Secretary is preserved intnct. but which is necessary to express it in legal form. The important thing to remember is this: That in the first two Mr. WISE. So far as I am concerned, I agree wit11 the point of view classes of cases the revising power of the President. through the of giving that authority to the Judge Advocate General and the Secretary of W:w, is not 1)reservecl intact. I am not responsible fop boarcl of review, but I do not agree wit11 the proposition to make it that change. That was put in by the Senate committee. I had rec- final. I think in 90 per cent of the cases that will be the end of it. ommended the President's revisory action in every case. Gen. CROWDER.I asked Senator Lenroot if he would be willing My presentation is complete with this statement : That the bills that to give a sort of military certiorari, the President upon being ad- have been before the country have sought to civilianize military vised of some case of great importance, which might be a case on a. justice, but here is a provision which destroys the civilian supervision par with the Pitz John Porter case, mould issue an order to the which is possible through the President or Secretary of War and Judge Advocate General that, irrespective of the conclusions he had turns over the cliscipline of the Army in this large class of cases to reached in the case, he mould certify up the proceedings. But he the Army itself. said this he would not do. Mr. CRAGO.Are you going to suggest an amendment to that? Mr. WISE. Something that would give authority such as we hare Qen. CROWDFR.xo; and for this purpose: 1 v-ent into conferellce in all courts for final reviem. with the Secretary of War on the subject, and he authorized me to say Gen. CROWDER.Yes. Those are the three principal things I wanted to the committee that he mas willing to trust the Army of the United to bring to the attention of the committee. When you have func- States mith its own cliscipline and to be shut off from this revisory tioned on them, you have functioned on what is really important. action in the two classes of cases I haw mentioned, but that I owed But there are some amendments to specific articles made neces- it to the committee to be frank n-ith them and state just what the sary by this fact. The Senate amendment, in a brlef session, tacked article accomplishes. My individual opinion is this: I have always this provision on to the pending reorganization bill, which changed hesitatecl to erect within the Militarv Establishment En antonornous the organization of the Army to a I-ery considerable extent and juriscliction that wonld be beyond the revision of the constitutional introduced new terminology, and witho~tany attempt to conform the Commander in Chief of the Army. I lmow I am in the attitude, terminology of these articles to the terminology of the pending bill. when I say that, of resisting a grant of authoritv which woulcl g~eatly Our task is to report the verbal changes necessary to accommodate magnify the importance of my office. I told the Senate committee I one act to the other, and I want to take up a number of articles was not going to object to this because it puts me rery largely in con- which illustrate the necessity for that. It is really the kind of work trol of the cliscipline of the Army in so far as the discipline of the that a committee on style would do. Army is kept np throngh the a,nency of courts-m:~rtial. Mr. CRAGO.We nyill be glad to have you do that, and put it in a Mr. CRAGO.Would it, as a matter of fact,.preclucle the President, form which mill conform to the proposed reorganization legislation. who is the constitutitonal Commancler in Chef of the Army and the Gen. CROWDER.Some of the principal changes in substance I will Navy, from taking whatever action he might tlzinlr proper in ref- ask Gen. lireger t~ take up with you. erence to any of these cases. --liere he initiated the action. calling for Mr. WISE. I would like to ask Gen. Crowder one question in review ? reference to this section. Take the first paragraph. Would that Qen. CROTTDEI:.NO ; and I suspect the President v:.;oultl not bc with- limit you or the board of reviem purely to the legal proposition in out some resource in cases which he did not initiate. hecsnse if the a case, or would they have the right to review the facts? Judge Advocate General pursuer1 an obstructire course it wonld be Gen. CROWDEB.You are answered from the text. When the Judge easy to put him on waiting orders. I presun~ethe President ~vould Acll-ocate General, in concurrence ~~iththe boarcl of review, " holds find some way of meetin? the sit11a t'lon. the record of trial le@y insufficient "-for hat-" to support the Mr. WISE. TVo~ldnot the President hesitate to do that thing? findings or sentence. either in whole or in part, or errors of law have Gen. CROWDER.I think probably he would. It mould be a good been committed substantially affecting the rights of the accused." deal like the old story that is told abont Gen. Grant. who threatened Under that provision he would certainly consider the evidence, and to get a new comptroller who TI-odd pass some rouchers he wanted if he Pound it legally insufficient to support the findings and sentence passed. But he never exercised the authority to dismiss one comp- he would hal-e a corrective power there. troller and appoint another for such a reason. Mr. WISE. The first part reads: " When the board of review, with Mr. CRAGO.I recall reading of an incident in connection with Presi- the approval of the Judge Advocate General, holds the record of a dent Lincoln, when he reversed one of the courts-martial of his time case in which the order of execution has been withheld under the when they tried some man on the charge of embezzling $100.000 provisions of this paragraph legally sufficient to support the findings and found him guilty of embezzling $7,500. and the President wiped ancl sentence," then execution shall proceed. out the whole proceedings. Gen. Cnosvr>en. That is the first part of it. 14 COURTS-MARTIAL. mhich made persons who had committed frauds against the Govern- Mr. WISE. I know in civil cases our supreme courts very often have ment which mere undiscovered during the period of their service a proposition before them, and they say there is enough evidence to hble to trial by court-martial for that offense for a period of two support the findings, but if they had any authority to review the years after discharge. facts they would not find from the evidence what the jury dld find. I concede that the power of Congress is just as broad in the pro- Suppose the board of review did not believe a mnn was guilty, but tection of the individual rights of soldiers as it is in protecting the there was enough evidence to warrant the findings? Government Treasury, and I doubt whether the authority could be Gen. CROWDER.I raised that precise point with Senator Lenroot, questioned if it csercisecl it to enact legislation of that character in the and he said he thought it ~voulclbe encumbent upon the board of class of cases you have brought to my attention. The usual protec- review and the Judge Advocate General to respect the theory that tion, where officers are charged by law with the custody of funds, is to governed in civil courts of appellate jurisdiction, namely, that they require a bond, ancl to have the bond large enough to cover the amount would not disturb a finding of facts below except in the case of ab- of money in his possession. sence of proof as to some essential of the offense. Mr. Cnsco. There could be some regulation by which every officer Mr. WISE. That is the ru!e in civil courts-if there is no evidence ~~oulclbe bonded to a certain extent, to account for all funds in his to sustain the finding, they will reverse it. hands, not only those belonging to the Government but those belong- Gen. CROWDER.Then I said to him, "It is going to be very difi- ing t:, the men in his command. cult, because if there 1s any system of jurisprudence which more than Gen. CROTVDER.I do not know that that could be clone by authority another needs a review of the evidence, it is, perhaps, the courLmnrtia1 or regulations alone, but it could be done by authority of law. system, because of the haste with which evidence is taken." And I Xr. Cnaco. I just wanted to lrnom whether we could pass legis- want to say to you I have re\-iewed many cases at the request of Mem- lation which would authorize a regulation of that sort. I merely bers of Congress, and the familiar ground m-hich they urge is that brought the matter up because I know Mr. Casey wanted to get the the evidence did not reasonably support the findings. They are going opinion of the General on that subject. to be very much disappointed when I tell them that a lam- has been Gen. CROWDZKI think, Mr. Chairman, if we commence at the begin- passed which requires me to respect the findings below. ning of the articles ancl turn to certain pages we can make better Mr. WISE. Would you object to an amendment which would give progress in that way by inviting your attention to specific amend- the board of review that authority? ments, and I ~17illask (fen. Breger to take those matters up with you Gen. CROWTDEIII.I would not: but I know that there would be very now. deterniined opposition to it on the other side. Gen. Rlica~a.What I have to mention, Mr Chairman, relates to Mr. CRAG^. Mr. Casey, of Pennsylvania, was here a while ago. comparatively unimportant details. I want to refer first to page 170, and this is the proposition he wanted to submit to you, whether or subsection (a) of article 2. Subsection (a) provides that all officers not it was possible in the Articles of War to prode some rule and soldiers in the Regular Army of the United States shall be in- which would meet a case like this. He hacl a case where the boys cluded among those subject to the Articles of War. in one of the companies from his district had intrusted several hnn- At the top of the saim page the words " officer " and '' soldier " are dred dollars to the captain of their company. He had it for several defined in such a IV~Yas not to include certain personnel inentioiled months, and on the ship coming home the bops. being a little sns- in the pending reorganization bill. namely, melnbers of the Army picious, demanded their money. and he gave them a check on a bank Yurse Corps, -arrant officers, band leaders. Srmv field clerlrs, and in one of the southern citieq. The captain m-:IS mustered out of field clerks, Quarternlaster Corps. service aild given an honorable discharge. The boys were mustered Mr. CRAGO.That is one of the changes Gen. Crowcler cnllecl ntten- out before the check came back marked " No funds." That captain tion to. has defrauded those boys to the extent of several hundred dollars, Gen. RREGRR.That personnel should also be mentioned in article 14. and he is malliing around n.itil an honorable discharge from the In articles 47 ancl 49 certain powers incident to the power to approve United States service. Of course, the Government has a right to ancl the power to confirm are mentioned. In view of the proposed protect itself from anything the captain owes the Government. It statutory prorision in case of appeal, there should be added to each mould not fall within the prori~ce of the Articles of War to pror-icle article a paragraph (c), substantiallv to the following effect: ? for a remedy in a case of that kind (c) The power to ~emnivla case for reheuinr lunclel the provjrions of Gen. CROWDER.No. The bops mmt to be protected against the loss :?rticle 503 they had sustained. Mr. Cne~o.yes; but what Mr. CRS~~:7as aft%- mas some pro~ision On page 206, article 65, one of the punitive al-ticles ~hichpenalizes by which it would be in~possiblcfor cfic~rwho. of course. gains i:lsuborcl~i~ateconduct toward a noncomnlissioned officer, in view of the confidence of his men and is intmsted with val~lableproperty, the provision for the new grade of warrant officer, there ought to be who is ini~stereclout of the sen-ice and has a clean bill of health, as incluclecl language that would cover warrant officers. it were. and an honorable discharge from the United States Army For the same reason that certain additional personnel was specially and who at the same time has defrauded the members of his company. inentioned in article 2. such personnel should be speciallv mentionecl Gen. CKOWDER.There has been some protection extended to the in article 68, page 207. Government against an act of that kind in the old Articles of War, COURTS-MARTIAL. 17 /Those are the particular items Gen. Crowder asked me to mention. Court of the United States as a jurisdictional error. Perhaps in i! Col. RIGBY.In connection with artjicle 14 this is one of the sug- other courts, other than a military conrtcourts of general jurisdic- kestions to which Senator Lenroot, on behalf of the Senate committee, tion-that would be regarded as a prejudicial error, and not a juris- has agreed. The Senate committee changed the form of the punisll- dictional error. -/ing power cf the summary court-martial, as stater! in article 14 of Mr. CRAGO.That would be more in accordance with the facts in the the revision submitted by the Jnclge Advocate General, by malrillg 1. case, anyway, unless a court under this provision would say by direc- j it manclntory, and therefore esclnsir~e,in form, instead of negative, tion of the court, or the court enters a plea of not guilty, you would I as it had been dm\\-n by tlic ;h~clg?.cAclvovxte Geiie~xl.tlic result being have no way of clistinguishing between whether the man himself Clint the court wo1dd have no powel*to ilnpose :my punisl~mentunder pleaded not guilty or whether the court pleaded that for him. By any circunistances unless it \\-:is wit,hin the letter of the language of doing it in the other way the record would show the fact. the grant of power there stated. For instance, sllcli a minor punish- Col. RIGBY.The next change is in article 27, page 183, line 17. It / ment es extra guard duty coolcl not be awarded. is a mere clerical correction, where the word " defendant" has been On calling that to Senator Lenroot's attmtio;l, he agreed to thro~~~ inadvertently used by the Senate committee. That is an unusual 1/ it back into the negatire form, to make it read? from line 19 to line word in a military pleading. The word should be "accused" to 25, page 176, " Summary courts shall not hn~epower to adjudge con- have it conform with the language of the other articles. i finement for morc thnn one month. rcstriitio!r to limits for more than Then, on pages 184 ancl 185, in article 30, there is a suggested three months, or forfeiture or detwtion of more than two-thirds of change in line 1 of page 185. The Senate committee put in the one month's pay." words "their advice or," not quite understanding, perhaps, the reason Then, in connection 17-it11 article 18, on page 178, relative to chal- why those words had not been put into the Judge Advocate General's lenges the Senate committee. again tlc1)nrting from the yecommenda- draft. That is the article that provides that whenever a court is in tion of The Judge Advocate General, providecl, in lines 9 and 10, closed session the trial judge advocate and the assistant judge advo- page 178, that each side shall be entitled to one peremptory challenge, cate, if any, shall withdraw. The Judge Advocate General's draft In providing that, they apparently forgot that that woulcl allow a had provided this language: '' and when their assistance in referring peremptory challenge of the lam nmnber, and might remove him to the recorded evidence is required, it shall be obtained in open from membership on the court simply on the whim of either side. court, and in the presence of the accused and of his counsel, if there So Senator Lenroot has consented, so far as he-and he thinks the be any." The Senate committee put in the words "their legal acl- Senate committee-are concerned, to add to that, at the end of line vice or." 10, " But the law member of the court shall not be challenged except I called to Senator Lenroot's attention the fact that that would for cause." Then the nest change is in article 21, at the end of article seem to be unfair to the counsel for the accused, that the legal advice 21, lines 19 and 20, on page 180: Article 21 being the article which of the prosecutor could be aslied for; and that, if that were to be prorides that " TVhe:l an accused arraigned before a court-martial done, the court ought to be allowecl to ask for the legal advice of the fails or refuses to plea(? or answers f~reignto the purpose," etc,. counsel- ~ for the acc~~sed.too. So he agreed- to strike out the words The Senate committee, departing from The Judge Mvocate Gen- "their legal advice or."' eral's language, lsroviclecl that in such a case as that the court shall Then there is a small change in article 35, on page 186. In line 15 . a plea of not guilty and shall thereupon proceed accord- enter. " " the worcl " trial " shonlcl be inserted before the words " judge advo- mgly. cate," simply to follow the usual phraseology adopted- in-this re- But, upon its being called to Senator Lenroot's attention that the vision, in order to distinguish the trial juclge advocate from the staff court might forget to pnt the formal entry of the plea of " not judge advocate. Then in line 20 the worcl "finally" should be guilty" upon the record. and thereby require disapproral of an struck out. Senator Lenroot for himself ancl for the Senate com- otherwise perfectly proper sentence, he suggested that the language mittee, so far as he could represent them, agrees to that, because be changecl to read as follors: "The conrt shall proceed to trial and the action by the reviewing authority below wlll not be final action judgment as if he had pleaded not guilty," ~hichis the present at all, since you are establishing an appellate review, and we do not language of the corresponding article of mar. want the record to wait until final action before being forwarded: Gen. CROWDEK.I would like to malie an observation; interrupting and so the word " finally," in line 20, should go out. Col. Rigby for a moment. 111 an crly cnse de:*iilecl by the Supreme Then in article 52, on page 201, there is a very small amendment I Court of the United States, Dynes 21. IToorer' (20 How., 65, want to submit. The use of the word " dishonorable,'' the first word p. SO), the court held that to yi~-eeffect to the sentence of z caurt- in line 15 on page 201, is a misprint. The word should be "honor- martial all of the stntutor~regulations go~erningits proceedings able." It shall read, " The cleat11 or honorable discharge of a person must be complied with. Here is a statutory regulation governing the under a suspended sentence shall operate as a complete remission of procedure, and if there should be an inadvertance upon the part of any unexecuted or unremitted part of such sentence." the court, in failing to 'incorporate a requirement of that character. Then in article 56, pages 202 and 203, in order to conform to the we might have to disapprove the finding: so, if it can be stated that present method in use in the Army since June, 1918, under which they shall proceed as if a plea. of not gnilty had been entered. we will the old bimonthly muster of troops has been cliscontinued and reports avoid the chance for an error which is classified by the 'Supreme IV COURTS-MARTIAL. are made to The Adjutant General direct by the personnel officers, the first sentence of that article should be omitted and the title should be changed by omitting the words "muster rolls," in line 15, on page 202, and then the three sentences, beginning with the word "At," in line 1.5. on page 202, and ending with the word "admit," on line 4, on page 203, shoulcl be omitted. Those are the sentences which make provision for the old muster plan, which is no longer in use. Mr. CRAGO.That article, then, would begin with the words "Anp fecord of trii~llegally inwfficient to support the findings or sentei~e,or that 1, errors of Iau hare been coinmittecl substuntially affecting tlle rights of the officer who kno~vinglymakes," on line page 203 ? accused, ul~less,ill accord wit11 such action, and the rc~co~unle~~datio~~sof the Col. RIGBY. Yes. Then, in article 57, page 203, for the same rea- Judge Advocate General thereon, the findings or sentence are approved ill part son, the first sentence should be omitted, down to and including the only, or tlie recorcl is rpturned for revision, or unless the case is disn~issedby word same," the first word in line 20, on page 203. order of the reviewing or confirn~ingi~nthorit~. After any such rehearing, OIL " the ortlei of the I'resident, the recoi'tl of trial shnll, after examination by the I think that is everything I hare to suggest, except tlie charrges board of rc.rie\v. be t~~nns~uittetlby the .Judge Advocate General, with the boilrcl's which Gen. Crowcler spoke about in article 504. I have the form to opinion ant1 his recommendatior~s,directly to' the Secret:lry of War for the present, clarifying the apparent intent of the Senate committee as to action of the President. article 504. That reads as follows: STATEMENT OF HON. THOMAS W. WLLER, OF WILMINGTON, ART.503. HFXIL'V-; R~rrsa~:~nc.-l'he.Judge Advocate Gelleral shall constitute, in his oficr, a hoard of' re\ icn coilsistiucl of not less tl1;un three officers of tile DEL., CHAIRMAN NATI'ONAL LEGISLATIVE COMMITTEE OF THE Judge Ad\-ocale (:rner;~l's I,el):u.tnrellt ANERICAN LEGION, ACCOMPANIED BY MR. JOHN THOMAS Before any rcwrd of tt-ill1 in mhic.11 there hils beet1 i~djntlgecl ii srntrnce TAYLOR, WASHINGTON, D. C., AND MR. KENNETH NlcRAE, OP requiring ::~)i,ro~;~lor c!)~llimation by the President ~mclertile l~l~ovisio~lsof NEBRASKA, MEMBERS OF THE NATIONAL LEGISLATIVE COM- article 46, (or) rvticle 48, or article 53. is subiliittetL to the Presitlent, sucll MITTEE AMERICAN LEGION. record shall be esamined by the board of review. The board shall submit its opinion, in writing, to the Judge Advocate General, who shall transmit the record and the boa~d'sopinion, with his recommendations, directly to the Sec- Mr. MILLER.Mr. Chairn~anad gentlemen, the American Legion retary of War for the action of the Pr~sirlmt ~ - - - - - . - -.- -. - . believes that legislation shoulcl be passed immecliately by the Con- Escei~tas herein ~wo~-idecl?no authority shall order the esecution of any other (u) sentellce of :L griir~xlco~irt-ii~ilrtial involving tile 1)enalty of tleatll, wess changing tlle Articles of War and the courts-martial regnla- disnlissal not suspeniletl, clishonor~lhletliscllarge not suspenrled, or co~lfilp~~~~~~t,;ions of the United States Army. The legislation introduced by in :L peuite1ltia1.y. i?nlrs.; runt1 uiltil the boilrd of revien- shall, \\,it11 tlle r~l,l)roval Senator Chamberlain, of Oregon, and Congresslnan Royal C. John- of the Judge Arlvocate General, Imve held the rworcl of trial ~~011n:llicll such son. of South Dakota, known as the Chamberlain-Johnson bill, ap- sentence is based legally sufficient to support the sentence; except tllat tile proper reviewing or confirming authority niay upon his approral of a sente1lce proaches nearest to the ideas of the American Legion, and we heartily involving dishonorable discllrlrge or co~~finementin ;, penitelltiary orcler its indorse that bill or that amendment. The Minneapolis convention esecution if it is based solely upon findings of guilty of a charge or charges alld of the American Legion adopted resolutions urging the immediate a sl~ecificationor specifications to which the acctlsecl has pleaded guilty. revision of the Articles of War, and the following resolution vas When the board of review, with the approval of the Judge Advocate Gex~eral, holds the record in a case in n:hich the order of execution has been withheld unanimously adopted : under the pro\-isions of this paragraph legally sufficient to support the filldings Resolved, That the American Legion urges the imni-eclinte revision of the and sentence, tlie .Judge -hdx-ocate General shall so advise the revielying or con- A,'ticles of War and court-martial laws of the United States. firming authority from n.llom the recorcl was received, who mag tl~er&~on ordw the esecution of the seiltence. Whe~i,i11 :I rase in mhich the orcler of This resolution mas adopted by our convention in Minneapolis on execution has been ~ithheldunder the pro~isionsof this paragraljh, the board Novernber 13, 1919. The legislation you have under consideration of review holds the record of trial lexallg insufficient to support tlie findings to-day is the Chamberlain-Johnson bill in practically the form in or seliteuce. either in whole or iu part, or errors of law hi~vebeen committed which it was introduced, and this is an amendment to the Army re- (su1~st;~ntinlly)injuriously affecting thr substantial rights of the accnsetl. and the Judge Xtlvocrltr General conclu~sin such l~oldingof the board of review, organization bill which the conferees of the House and Senate are such findings and sentence shall be vacated in nrllole or in part ill accord \\-it11 now considering. such Iiolding and the reconnuleudations of the Judge Arlvoctlte Generill tliereon, The representatives of the American Legion were greatly interested and the record sllall be transmitted through the proper channels to the con in hearing the Juclge dc!vocate General of the Army, Gen. Crowder, veniug authority for a rehearing or such other action as may be proper. In the event i-hat the .Jutlge _%tlrocateGeneral shall not concur in the I~oldiugof the and his assistants, who have just testified. It is true, they have sug- b0al.d of review (or if the Imard of re\-iew shall confirm the findings or sen- gested a number of changes in the bill, but they ha~~e,as far as we can tence), the Judge Atlrocnte General shall forward all the papers in the case, see, in no way disapproved the general principle, namely, that there including the opinion of the hoard of rerienr and his own (col~currencetherein should be a revision both of the Articles of War and the court-mar- or) dissent therefi~oin,clirectly to the Secretary of War for tlne action of the Presitlent, \vho nlay confir~uthe action of the reviewing authority or confirming tial regulations. The changes suggested by them are, as me take it, authority helow, in \\-hole or in l~art,with or \\-ithout remission, mitigation, or merely administrative, and we are very glad to see that that branch commutation, or may disapprore, in \vhole or in part. any finding of guiltyr of the War Department practical1 has approved, in principle, the and mag disapprove or vacate the sentence, in whole or in part. changes suggested by the so-called 6hamberlain- Johnson amendment. When the President or any reviewing or confirniing authority disal~proresor vacates a sentence the execution of which has not theretofore been duly or- dered, he may aut11ol:ize or direct a rehearins. Such rehearing shall take place 20 COURTS-MARTIAL. COURTS-MARTIAL. We want to call attention briefly to the kind of treatment given Mr. MILLER. It was my privilege to serve from the grade of private certain classes of men in the Military Establishment, the treatment up to the rank al; which I was discharg.ed, and I was in t,wo divisions, meted out to conscientions objectors by the direction of the Secretary the Twenty-ninth, a National Guard cln~ision,ancl the Seventy-ninth, of War personally by which those conscientious objectors were given a N~tionalArnij~ ilivision, and I can snbstantinte hat Gen. O'Ryan practically what amounted to honorable discharges and.pay as sol- has said. diers, while they were undergoing confinement or objecting to serv- Mr. HULL.Col. Chipperfield, of the Thirty-third Division, told ice, and on the other hand the treatment of many American soldiers menlbcrs of thc Military Comnlitiee of the House. on their way home who had fine battle records and who had faced the enemy in action, from Frnnce, that there had been \-ery few caws in that clirision. and who after the armistice infrin ed certain regulations and were Mr. WISE. I n-as interested in your statement of the large num- sent to military prisons and were tf en discharged dishonorably and ber of general courts-martial cases. Of course, the summary courts- forfeited their pay. That is a high point of the whole system that martial are simply disciplinary. In reference to the number of not only the men who have been in the service object to, but the general court-n~artialcases, which anlountecl to about 25,000, how American people object to, and it is all coming out now. does that number compare n6th the number of general courts-martial During the war there were approximately 325,000 summary courts- in other wars, taking into consicleration the number of men engaged martial and 25,000 general courts-martial. We think that such a num- in the wars ? ber of men running afoul of the regulations to that extent shows that Mr. MILLEE. I can not ans~~crthat authentic all^, Mr. Wise. But, a change must me made in the Articles of War and in the court- in so far as the summary courts-martial is concernecl, you can not martial regulations because surely, gentlemen, a system that practi- make too light of it- cally brings 10 per cent of your force during a war before a court is Mr. WISE (interposing). I had no intention of making light of it. obviously wrong. Mr. MILLER (continuing). Because a man who goes through the Mr. H~LL.How many did you say ? mill of a summary court is ofttimes started on the wrong road by the Mr. MILLER. There were aplroxiinately 325,000 summary court treatment'he has received there. cases and 25,000 general court cases. Mr. MILLER. Would not that depend on the officer who holds the Mr. CRAGO.By the average indiridual the sumnary court is not court? The officer holding the summary court would hear the evi- really unclerstood. That is composed of one officer who is more of a rlence. and he could either punish the man or not punish him. What disciplinarian than anything else, and many of those cases were p~rccnt.~geof those cases involved sentences ? simply minor infractions of the regulations and not of the Bind like Xr. MILLER.A lot of the miscarriage of justice in the summary a great number of the general courts-martial cases. Those summary eo11l.t is due to the point you have referred to. But this measure court cases are the ones where the number is so high. provides that officers shall be picked and selected ~ho11~1-e judicial Mr. MILLER. It has been said that this legislation is not germane temperament-who have at least some of the inilk of human Bind- to snch a bill. I am not going to make a parliamentary argument, ness in them. You can find plenty of such officers qualified. Our but simply remind yon that ceitain of the Articles of War which court-martial system and our Articles of War were inherited from are to-dug nuthorizecl by law are on the statute boolcs because they the old British code in effect at the time of the Revolution, and that were put on as riders to the military and other appropriation bills, was a close derivative of the articles of war of the ancient Romans. usually. Surely then a bill which has for its purpose the reorganiza- Our allies-France, Italy, and Belgium-have conlpletely moderi~- tion of the Army, carrpin.g.out the lessons learned in this war, should izecl their military court-martial systems within the past 75 years, contain anlong its provisions a reorganization of the law under and England has made many changes in this direction. But the which discipline is maintained in the Ariny. United States was as unprepared to carry out military justice toward Mr. CRAGO.We hare already crossed that bridge. While uncler the nien in the Army as it was to carry on a war in 1917. In other the parliamentary situation in the House it nias ruled out of order at words, we were as unprepared in that line as we were in other lines. the time, it is now in order. Mr. CUGO. I would like to have the record show at this point the Mr. MTLLEILIt is ~OTTin the reorganization bill as it passed the exact situation we were in. In 1917, early in the year, a subcom- Senate and is now in conference mittee of this committee was appointed to redraft the Articles of Mr. Chairinaq 92 per cent of the charges preferred during the war War. Congressman Gordon, of Ohio, was chairman of that sub- were tried, and 894 per cent of the men tried were convicted. The committee, and I was a member of that subcommittee. We had records shows that for all offenses, inclucling the most trivial, the started to hold hearings, taking up the Articles of War paragraph by average sentence to confinement was upward of seven years. paragraph, and we had Gen. Crowder before us for several days, Mr. HULL.Have you any figures showing the cliscrepancy, if there when all of a sudden, without any consideration by either House, was any, bet\\-een the National Army and certain Xational G'*nard Senator Chamberlain and some of those associated with him on the units which went through the war under their regular officers? other side, attached to the Army appropriation bill what they Mr. MILLER. NO, sir; I ha~enot. claimed was a modern revision of the Articles of War, and the work Mr. Cnaao. You will find in the hearings before the Senate com- in really revising the Articles of War was stopped by that sudden mittee some reference to that sitnation. Gen. O'Ryan told us the action of the Senate. So it was the Articles of War adopted as a other clay of the very few he had in his division. \ COUETS-MARTIAL. COURTS -MARTIAL. 2 3 rider on the appropriation bill at that time under which we waged Mr. HULL.But that is one of the dangers. That means that the this war. That is the exact situation as it occurred. man who knows how to get hold of somebody up here may get Mr. MILLER.Mr. Chairman, my statement is merely a general one, justice, and the man who does not realize that he has any chance at because me feel so encouraged by the passage by the Senate of the all will not hdve that. Chamberlin-tJohnson amendment and its favorable consideration by Mr. CRAGO.It is open to the objection, of course, that it brings in your subcon~n~itteethat all we ask of you, as the representative of political influence. a large number of ex-service men, is that you recommend to your Mr. HULL. I have no objection to the political influence, because I conferees thz~tthis be inc~ltledi11 the bill as agreed upon by the con- think they are strong enough to resist that. But there are classes ferees. If the revision of the court-martial laws and regulations of cases in which the men never realize that they have any one-in sholllcl come about as provided for in this bill, it will not result in Congress to whom they can appeal. the letting clown of cliscipline nor destroy the efficiency of the Army, Mr. MILLER. If you will favorably report this amendment, it will as has been maintained; but, on the other hand, it will increase the be a most cheering word to hundreds of thousands of men in the morale and the confidence of the private soldier and tho morale and ranks, meqyho were in this war and who want to see some change confidence of the private soldier in his officers, and the treatment he made so the American soldier mill not ha\-e to undergo what some is going to get from them is as essential as any part of his military of them had to undergo during this war. traming and discipline, because if you do not have the private soldier Mr. CRAGO.I think you can assure those men that the legisla- in that frame of mind you are going to lose your fighting and battle t,ion will be enacted into law in :L short time. efficiency. Mr. MILLER. That is very fine. We thank you very much, Mr. Mr. HULL. As I understand it, you have reviewed the Articles of Chairman. War as proposed here, and you agree that they are all right 1 Mr. CRAGO.We are very glad to have had yon here this morning. Mr. MILLER.lye agree that. representing the American Legion, we (Thereupon, the subcommittee adjonrned.) are in thoroi~ghaccord with this aineiidment, ancl n~erelywant to come before yon forn~allyand tell ?.ou that n-e are in favor of this APRIT 27, 1920. proposed legislation. Menma~~clnmfor Senator T,enwot : Mr. HTTLL.Haw yon any objection to ~IIIYof the c.l~:~iig~sproposed Subject: Rcvision of Articles of T\':lr. article 31 (H. R. 12775, as pashed hy the by Qen. Cron-der? Senate. April 20, 1!)20, 13. 15.5, lii~e.:3-14. Mr. MILLER.So far as the changes suggested by him are conc&necl 1. The ronnujttee ainen(hnmts, i~tloptetl11)- the Senate, follow, .IS tc nrticle 31, the iberision proposed by the Jutlge Advocate General, except that the fol- we have no objection to thein. WC realize that they are largely lowing important proviso at the end of the article is omitted : acln~inisfrati~~e,and we are very glad to know by his testimony aild " l't'ocided, That if any me~nbe~.object to such ruling the coul't shall be that of his assistants given here this morning that they have agree~l cleared and closed and the question tlecicletl by a majority vote, 1-iva wce, l e- to the changes proposecl in the amenclineat. ginuing with the junior in rank." Mr. WISE. What do you think of the proposition cliscussed by 2. The purpose of article 37, as drafted by the Juclge Advocate C:ener:~l, t~kell in connection with the proposed change in article 8 (adopted by the Senate), Gen. Cron-cler in regard to the final pover being talien away froni providing for a law member of general courts-marial, was to constitute such the Secretary of War and the President to review these cases? lam meniher an impartial legal adviser to the court, with advis~rgpowers Mr. MILLEE.AS Col. Crago stated, the President is the constitu- only, like the law inen~berof the British field geneal court-martial. The yur- tional Conimancler in Chief of the Army and the S:xv~.and as such pose was stated in the " Introductory Comment " to the " Comparative Prirt " of the revision, as subnlittecl to the committee by the Judge Advocnte (:enera1 be has the final anthority anyway. I vas ratlzer nonplused at the last Ilecember, as follo~vs: time to iulderstand just why the Judge Aclrocate General's Depart- " VIII. It is as necessary to establish safeguards against reversible c3rror 111 ment shoalcl be holding up their hands ancl saying they did not vant the trial below as in the appellate review above. This is accomplished in the this proposition; but Inlowing Gen. Crowder to be the illail that lie revision heren-it11 submitted by the detail to the conrt of a law menibcr with advisory powers in respect of all questions of law that arise in the progress of is, we merely thought he wanted that change in article 50% so as to the trial, follo~vingthe English precedent. Out of deference to the preceding round out the aclministrt~tirefeatlwes of the bill. principle, this revision rejects the theory of the pending bill (S. 64) that a court Mr. Hm. That really is the crux of the whole situation? judge advocate should be appointed with full power to rule upon affidavits of Mr. MIL~R.Yes. Following Mr. Wise's question, it is well prejudice, challenges, admissibility, .and rejection of evidence--ia short. all law questions arising in the progress of the trial, and also with revisory power known that when the President and the Secretary of War act on any over the court's findings and absolute power to sentence." of these cases- 3. The Senate's omission of the important final proviso from article 31, as Mr. T4T~sx(interposing). But they will not act when this becomes drafted by the Judge Advocate General, revolutionizes the character of the law. functions intended to be assigned to the lam member of the court and con- verts him from an adviser to the court into a judge, clothed with power and Mr. MILLER.I know; but it is merely practicaIly what the Judge authority to control the conrt by his decisions on all questions except rulings Advocate General says it is, and it is sent up to him, anyway. oq challenges and findings and sentences; thus investing him with powers Mr. WISE. If somebody who is interested finds tEiat an injustice wholly different from those of the law member of the British field general has been done, they could still lzave a, hearing before a civil authority, court-martial and similar to (although much more limited than) those pro- posed to be given by the Chamberlain-Ansell bill to the autocratic "court such as the Secretary of War or the President. judge advocate" ~roposedin article 12 of that now discarded bill. 24 COURTS-MARTIAL. COURTS-MARTIAL. 25 4. The omission by the Senate of the final proviso above quoted from article from that appro~edby experience in the British Irn~y.The I:1w nlember of 31 as draftecl.by this office results in making (1) the rulings of the law the British field general court-martial has no power to control the decisions member of the general court-martial, (2) if there be no lam member preseu:, of his fellow members. He is strictly an adviser. The British regulations then those of the president of the general court, and (3) those of the presi- provide that the law member- dent of a special conrt-martial, in a11 cases final and binding upon the court " will advise the court on all points of law and procedure. His opinion will (although they mag be opposed to the opinion of every other member of the have the same weight as that of a judge advocate (see R. P. 1U3 F)."-(Cir- court) on all " interlocutory questions " (other than challenges) " arising dur- cular n~rmorandumon Courts Jhrtial for Use on Active Sen-ice, Aug., 1918, ing the proceedings." Sec. 12 (d))-- Such "interlocutory questions" may include, among others, such questions referring to pnragr;~l)l~(Is7) of Ilulcn 103 of Ihr ISriti\ll 1{alcs of I'roceclure, as the following : \vl~icliprovitl(.s : (a) Pleas. "Upon :my -point of I;tn- or l~rrcrdurenhic.11 arises upon the trial which he 1. To the competeucy or legality of the court; attains, the court shonltl be gnidetl I)$ his ol~inion,and not overrule it, except 2. To the regularity of the organization of the court; for very u-eighty reasons. The conrt are ~~q~onxiblefor the legality of their 3. To the jurisdiction, including that- tlecisions, but thex must cowitler the grave consequellccAswhich n1a9 result from of the subjct matter of the offense; their tlisrepnrd of the atlvice of the judge adracxte on any lrgal point. The of the person of the accused; court, in following the opil~ionof the jntlge advoci~teon a legal l~oint,may 4. Of the statute of limitations; 5. Of a former trial; recortl that they have tlecitletl in wnsequeuce of that opinion " (British Manual of illilitarg Lam, 11. CiP9). (Hearings 011 S. 64. pl1. 390-391, 414.) 6. Of a former conviction; 7. Of a former acquittal; 13:. H. Caowu~<:~r, 8. Of a pardon, including that of (1) special pardon, (2) general am- J11r7gei1dr:occcte Ge~zeml. nesty, (3) constructive pardon. (b) Questions of l~rocedurearising upon ans of these pleas, as, for instance: 1. Whether, evidence should be heard upon the plea ; (For insertion after the word " proceedings," at the end of article 31, in line 2. Whether depositions may be received ; 14, page 185, H. R. 12775, as passed by the Senate :) 3. Whether an adjournnlent or a continuance should be had to per- " I'rovided, That, unless such ruling be nlade by the lam member of the court, mit time for the presentation of evidence thereon. if any member object thereto the court shall be cleared and closed and the (c) Motions, as, for instance: question decided by a majority rote, viva voce, beginning with the junior in 1. To quash the charges or the procretli~lgs. rank : And pvowided furthe,, That if any such ruling be made by the law member 2. To strike out certain charges or specifications. of the court upon any interlocutory question other than a11 objection to the 3. (By the trial .judge advocate.) To amend the charges nr speciiications. admissibility of evidence offeretl during the trial, and any member object to the (u) Snd, if such alne~iclinentbe allon-ed, whether i~ nlot-ion I)\- the ruling, the court shall lilre\x-ise be cleared and closed and the question decided by accused for a continuance, should be granted. a majority vote, viva voce, beginning n-it11 the junior in rank : Provided fwrther, 4. For a separate trial by one or more of the accused. ho~rcrei.,That the phrase " object-iou to the atlmissibility of evidence offered clur- 5. For a continuance (on any one of a multitude of grounds; as, for ing the trial," as used in the nest preceding proviso hereof, shall not be con- instance, to take depositions, because of surprise, because of the ab- strued to include questions as to the order of the introduction of witnesses or sence or illness of a witness or counsel, because of lack of time to other evidence, nor of the recall of witnesses for further examination, nor as prepare, or because of any other of the many reasons which may to n-hether expert witnesses shall be aclluitted or called upon any question, nor be nrsed as grounds for continuance). as to whether the court shall view the premises where an offense is alleged to (d) Whether on any motion evidence should be heard, or a continuance or have been committed, nor as to the competency of witnesses, as, for instance, of adjournment allowed for the purpose of procuring evidence. children, witnesses alleged to be nientally incompetent, and the like, nor as to the insanity of accusecl, or whether the existence of mental disease or mental (e) The order of the introduction of witnesses and other evidence. , (f) The recall of witnesses for further esamination. derangement on the part of the accused has become an issue in the trial, nor (g) Applications of the rules of evidence: Rulings upon objections to testi- whether accused's confession shall be received in evidence, or accused required to mony involving a great multitude of various kinds of questions and not in- submit to physical esamination, nor whether any argument o-r statement of frequently the virtual determination of the case. counsel for the accused or of the trial judge advocate is improper, nor any " (h) Whether espert witnesses should be admitted or called upon any ruling in a case involving military strategy or tactics or correct military action ; question. but upon all those and similar questions arising on the trial, if any member (i) Whether the court should view the premises where the offense is alleged object to any ruling of the law member, the court shall be cleared and closed to have been committed. and the question decided by majority x-ote of the members in the manner afore- (j) Competency of witnesses, as, for instance, of children, witnesses alleged said. to he mentally incompetent, etc. (k) Insanity of accused, whether the existence of mental disease or mental derangement on the part of the accused has become an issue ill the trial in such sense that a medical board should he appointed under ]~ar:~graph219 of the Rfanunl for Conrts Martial. (1) Whether accused's confession shoi~ldI)e recei~etl; \\-hether accused should be required to submit to physicxl esamination. (I)!) Whether any argument or statement of counsel for the accused, or of the trial judge advocate, is improper. 5. On all such questions. and on all other questions of every kind arising at the trial prior to the final findings of guilt or innocence (except rulings on challenges), the decision of the lam member, or of the president of the court as the case may be, will absolutely control the court. if article 31 be enacted into law in the form it passed the Senate. 6. The procedure thus instituted \i-ould be radically different, not only from that contemplated in the proposals af the Judge Adv~eate~General,but also .. THE APPROVED JUNE 4, 1920 WASHINGTON GOVERNMENT PRINTING OFFICE 1920 WAR DEPARTMENT, WASHINGTON,September 8, 1920. Chapter I1 of the act approved June 4, 1920 (Bul. No. 25, W. D., 1920), com- The articles included in this section shall be known as the Articles of War prising the new Articles of War, is published for the information and guidance and shall at all times and in all places govern the armies of the United States. of all concerned. By a provision contained in section 2 of said Chapter 11, the new Articles of War are to become effective February 4, 1921, with the exception of articles 2, 23, and 45, which became effective immediately. ARTICLE 1. DEFINITIONS.-The following words when used in these articles These new Articles of War comprise the Articles of War revised by the act shall be construed in the sense indicated in this article, unless the context approved August 29, 1916 (39 Stat. 619-Bul. No. 32, W. D., 1916), referred to shows that a different sense is intended, namel~: as the Code of 1916, as amended by the acts of Congress approved July 9, 1918 (a) The word "officer" shall be construed to refer to a commissioned (40 Stat. 882-Bul. No. 43, W. D., 1918), with reference to articles 52, 53, and officer ; 57; February 28, 1919 (40 Stat. 1211-Sec. 111, Bul. No. 11, W. D., 1919), with (b) The word "soldier" shall be construed as including a noncomlnissioned reference to article 50; November 19, 1919 (41 Stat. 356-Sec. V, Bul. NO. 41, officer, a private, or any other enlisted man; (c) The word "company " shall be understood as including a troop or bat- 1 W. D., 1919), with reference to article 112; and June 4, 1920 (41 Stat. 787- tery; and - , Bul. No. 25, W. D., 1920), with reference to a number of articles. The existing amendments to the Code of 1916 as set forth in the acts approved (d) The word "battalion " shall be understocid as including a squadron. July 9, 1918 (arts. 52, 53, 57), February 28, 1919 (art. 50), and November 19, , ART. 2. PERSONSSUBJECT TO MILITARY ~nw.-The following persons are sub- 1919 (art. 112), are printed in italics, and the amendments or changes made by ject to these articles and shall be understood as included in the term " any per- the act of June 4, 1920, are printed in bold-faced type. The matter existing son subject to military law," or " persons subject to military law," whenever as originally contained in the Code of 1916 is printed in ordinary roman type. used in these articles: Provided, That nothing contained in this Act, except as Where matter appearing in a former article has been omitted in the new specifically provided in Article 2, subparagraph (c), shall be construed to apply article, reference is made thereto in a note following the new article, and where to any person under the United States nawal jurisdiction unless otherwise spe- the-new article is so changed in substance or form that it is impossible clearly cifically provided by law. to indicate the changes in this matter, the old article, or as much of it as (a) All officers, members of the Army Nurse Corps, warrant officers, necessary, is reproduced in the note. It is therefore possible in every case Army field clerks, field clerks Quartermaster Corps, and soldiers belonging where the former article, as it existed immediately prior to the taking effect to the Regular Army of the United Stntes; all volunteers, from the dates of of the Code of 1920, is not given in a note to reconstruct the same by omitting their muster or acceptance into the military service of the United States; and the matter in bold-faced type in the new article and making the changes to all other persons lawfully called, drafted, or ordered into, or to duty or for the remaining text called for by the note. training in, the said ser~ice,from the dates they are required by the terms of The article numbers in the new code correspond to those of the Code of 1916, the call, draft or order lo obey the same : except that article 29, Code of 1916, is in new article 28, and articles 29 and (b) Cadets; (c) Officers and soldiers of the Marine Corps when detached for service with 503, Code of 1920, are entirely new. An index follows the. text of the articles the armies of the United States by order of the President: Provided. That an officer or soldier of the Marine Corps when so detached may be tried by military r300.2 A. G. 0.1 court-martial for an offense committed against the laws for the government of BY ORDER OF THE SECRETABYOF WAB: the naval service prior to his detachment, and for an offense committed against PEYTON C. MARCH, these articles he may be tried by a naval court-martial after such detachment Major General, Chief of Staff. ceases ; OFFICIAL: (d) All retainers to the chmp and all persons accompanying or serving with P. C. HARRIS, the armies of the United States without the territorial jurisdiction of the The Adjutamt GerteraZ. United States, and in time of war all such retainers and persons accompanying 2 or serving with the armies of the United States in the field, both within and without the territorial jurisdiction of the United States, though not otherwise subject to these articles ; . (e) All persons under sentence adjudged by courts-martial; (f) All persons admitted into the Regular Army Soldiers' Home at Wash- ington, District of Columbia. This article became effective on Junc 4, 1920. 3 4 ARTICLES OF WAR.. .ARTICLES OF WAR. 5 officer of a brigade, regiment, detached battalion, or other detached command ART. 3. COURTS-MARTIALc~~ss~~~m.-Co~rtS-martial shall be of three kinds, may appoint special courts-martial; but when any such commanding officer is namely : the accuser or the prosecutor cf the person or persons to he tried, the court First, general courts-martial ; shall be appointed by superior a-uthority, and may in any case be appointed Second, special courts-martial ; and by superior authority when by the latter deemed desirable; and no officer Third, summary courts-martial. shall be eligible to sit as a member of such court when he is the accuser or a witness for the prosecution. ART. 10. SUMBIARYCO~TS-UARTIAL.-T~~ commanding officer of a garrison, A. COMPOSITION. fort, camp, or other place where troops are on duty, and the commanding officer ART. 4. WHO MAY SERVE ON COURTS-MARTIAL.-AI~officers in the military of a regiment, detached battalion, detached company, or other detachment may service of the United States, and officers of the Marine Corps when detached for appoint summary courts-martial; bgt such summary courts-martial may in any service with the Army by order of the President, shall be competent to. serve case be appointed by superior authority when by the latter deemed desirable: on courts-martial for the trial of any persons who may lawfully be brought Provided, That when but one officer is present with a command he shall be the before such courts for trial. When appointing courts-martial the appoint- summary court-martial of that command and shall hear and determine cases ing authority shall detail as members thereof those officers of the com- brought before him. mand who, in his opinion, are best qualified for the duty by reason of age, ART. 11. APPOINTMENTOF TRIAL JUDGE ADVOCATES AND COUNSEL-lpor each training, experience, and judicial temperament; and officew having less general .or special court-martial the authority appointing the court shall ap- than two years' service shall not, if it can be avoided without manifest in- point a trial judge advocate and a defense counsel and for each general jury to the service, be appointed as members of courts-martial in excess court-mart:al one or mme assistant trial judge advocates and one or more of the minority membership thereof. assistant defense counsel when necessary: Proz;i&d, howe?jer, That no offi- ART. 5. GENERALCOUETS-MARTIAL.-G~~~~~~ courtsmartial may consist of any cer who has acted as member, trial judge advocate, assistant trial judge number of officers not less than five. advocate, defense counsel, or assistant defense counsel in any case shall subsequently act as staff judge advocate to the reviewing or confirming Art. 5, Code of 1916, read following word " officers " : " from five to thirteen, inclusive; but they shall not consist of less than thirteen, when that number can be convened with- authority upon the same case. out manifest injury to the service." C. JTXISDICTION. ART. 6. SPECIAL com~s-~~~~~fi.-Specialcourts-martial may consist of any number of officers not less than three. ART. 12. GENERALCOURTS-MARTIAL.-G(~~~~~~ courts-martial shall have power Art. 6, Code of 1916, read following word " officers " : " from three to five, inclusive." to try any person subject to military law for any crime or offense made pun- ishable by these articles, and any other person who by the lam of war is sub- ART. 7. SUMMARYCOURTS-MARTIAL.-A summary court-martial shall consist of ject to trizl by military tribuilals : I'rozided, That no officer shall be brought to one officer. trial before a general court-martial appointed by the Superintendent of the B. BY WHOM APPOINTED. Mi1:tery Academy: B-ouided f:crtller, That the officer competent to appoint a general cou-rt-martial for the trial of any particular case may, when in his ART. 8. GENERALCOURTS-MARTIA~.-T~~ President of the United States, the' judgment the interest of the service shall so require, cause any case to be commanding officer of a territorial division or department, the Superintendent tried by a special court-martial notwithstanding the iimitations upon the of the Military Academy, the commanding officer of an army, an army corps, jurisdiction of the special court-martial as to offenses set out in article 13; a division, or a separate brigade, and, when empowered by the President, the but the limitations upon jurisdiction as to persons and upon punishing commanding officer of any district or of any force or body of troops may ap- power set out in said article shall be observed. point general courts-martial; but when any such commander is the accuser' ART. 13. SPECIALcoun~s-~.u~(~~~~.-Special courts-martial shall have power or the prosecutor of the person or persons to be tried; the court shall be' to try any person subject to military law for any crime or offense not capital appointed by superior competent authority, and no officer shall be eligible to sit made punishable by these articles: Provided, That the President may, by as a member of such court when he is the accuser or a witness for the prose regulations, except from the jurisdiction of special courts-martial any class or cution. classes of persons subject to military law. ,The authority appointing a general court-martial shall detail as one of Special courts-martial shall not have power to adjudge confinement in ex- the members thereof a law member, who shall be an officer of the Judge cess of six months, nor to adjudge forfeiture of more than two-thirds pay per Advocate General's Department, except that when an officer of that depart- month for a period of not exceeding six months. ment is not available for the purpose the appointing authority shall detail instead an officer of some other branch of the service selected by the ap- Art. 13, Code of 1916, read as follows : "ART. 13. STECIAI,COERTS-~IARTIAL.-S~~C~~~ courts-martial shall have power to try pointing authority as specially qualified to perform the duties of law mem- any person subject to military law, except an officer, for any crime or offense not capital ber. The law member, in addition to his duties as a member, shall per- macle puniqhable by these articles: PF~cjvided,That the Fresident may, by regulations, formsuch othei duties as the President may by regulations prescribe. which he may mod if^. from time to time, except from the jurisd~ctionof special courts- ART. 9. SPECIALCOURTS-MBRTIAL.-T~~ commanding officer of a district, garri- martial nny class or classes of persons subject to military law. " Special courts-martial shall not have power to adjudge dishonorable discharge, nor son, fort, camp, or other place where troops are on duty, and the commanding confinement in excess of six months, nor to adjudge forfeiture of more than six months' pay." 6 ARTICLES OF WAR,, ARTICLES OF WAR 7 ART. 14. SUMMABY COURTS-MARTIAL.- Summary courts-martial shall have ART. 18. (~~L.LENoEs.-M~~~~~'sof a general or special court-martial may power to try any person subject to military law, except an officer, a member be challenged by the accused or the trial judge advocate for cause stated to of the Army Nurse Corps, a warrant officer, an Army field clerk, a field the court. The cou2t shall determine the relevancy and validity thereof, and clerk Quartermaster Corps, a cadet, or a soldier holding the privileges of a shall not receive a challenge to more than one member at a time. Challenges certificate of eligibility to promotion, for any crime or offense not capital made by the trial judge advocate shall ordinarily be presented and decided be- punishable by these articles : Pro&ed, That noncommissioned officers shall not, fore those by the accused are offered. Each side shall be entitled to one if they object thereto, be brought to trial before a summary court-martial peremptory challenge; but the lam member of the court shall not be thal- without the authority of the officer competent to bring them to trial before a lenged except for cause. general court-martial: Provided further, That the President may, by regula- The words "but only" appeared in the former article, preceding the words "for tions, except from the jurisdiction of summary courts-martial any class or cause" in the firsr bentence. classes of persons subject to military law. ART. 19. OATHS.--T~~trial judge advocate of a genera1 or special court-mar- Summary courts-martial shall not have power to adjudge confinement in tial shall administer to the members of the court, before they proceed upon excess of one month, restriction to limits for more than three months, or any trial, the following oath or affirmation: 'I YOU,A. B., do swear (or affirm) forfeiture or detention of more than two-thirds of one month's pay. that you will well and truly try and determine, according to the evidence, the The words "which he may modify from time to time," which followed the word matter now before you, between the United States of America and the person to "r~gulations," in the second proviso of the first paragraph, have been omitted. The be tried, and that you will duly administer justice, without partiality, favor, or second paragraph of art. 14, Code of 1916, read as follows : "Summary courts-martial shall nor have power to adjudge .confinement in excess of affection, according to the provisions of the rules and articles for the goveru- three months, nor to adjudge the forfeiture of more than three months' pay: Provided, ment of the armies of the United Stales, and if any doubt should arise, not That when the summary court officcr is also the commanding office: no sentence of such explained by said articles, then accordicg to your conscience, the best of your summary court-martial adjudging confinement at hard labor or forfeiture of pay, or both, understanding, and the custom of war in like cases; and you do further swear for a period in excess of one month shalI be carried into execution until the same shall have been approved by superior authority." (or affirm) that you will not divulge the findings or sentence of the court unt:l they shall be published by the proper authority or duly announced by the ART. 15. JURISDICTION NOT IXCLUSIVE.-T~~ provisions of these articles court, except to the trial jfidge advocate and assistant trial judge advocate; conferring jurisdiction upon courts-martial shall not be construed as depriving neither will you disclose or diwo~~erthe vote or opinion of any particular mem- military commissions, provost courts, or other military tribunals of concurrent ber of the court-martial upon a challenge or upon the findings or seatence, jurisdiction in respect of offenders or offenses that by statute or by the law unless required to give evidence ^&ereof as a witoess by a court of justice in of war may be triable by such military commissions, provost courts, or other due course of lnw. So help you God." military tribunals. When the oath or afiirmation has been administered to the members of a gen- The word "lawfully" appeared in the former article, pseceding.the word "triable." eral or special court-martial, the president of the court shall administer to the ABT. 16. OFFICERS; HOW TRIAB=-~~~~c~~sshall be triable only by general trial judge advocate and to each assistant trial. judge advocate, if any, an oath and special courts-martial, and in no case shall an officer, when it can be or affirmation in the fo:lowing form: "Sou, A. B., do swear (or aaim) that avoided, be tried by officers inferior to him in rank. you will faithfully and impartially perform the duties of. a trial judge ad- vocate, and will not divulge the ibdings or sentence of the court to any but So help you God." D. PROCEDURE. the proper authority until they shall be duly disclosed. All persons who give evidence before a court-martial shall be examined on ART. 17. TRIAL J~EADVOCATE TO PROSECUTE;COUNSEL TO DEFEND.- oath or affirmation in the following form : " You swear (or affirm) that the evi- The trial judge advocate of a general or spccial court-martial shall prosecute dence you shall give in the case now in hearing shall be the truth, the whole in the name of the Unlted States, and shall, under the direction of the court, truth, and liothing but the truth. So help you God." prepare the record of its proceedings. The accused shall have the right to be Every reporter of the proceedings of a court-martial shall, before enterinq represented in his defense before the court by couilsel of his own selection, upon his Cuties, make oath or affirmation in the following form: "YOU swear civil counsel if he so provides, or military if such counsel be reasonably (or affirm) that you will faithfully perform the duties of reporter to this court. available, otherwise by the defense counsel duly appointed for the court. So help you God." pursuant to article 11.' Should the accused have counsel of his own selec- Every interpreter in the trial of any case before a court-martial shall, before tion, the defense counsel and assistant defense counsel, if any, of the entering upon his duties, make oath or affirmation in the following form : '' You court, shall, if the accused so desires, act as his associate counsel. swear (or affirm) that you will truly interpret in the case now in hearing. Sa Article 17, Code of 1916, read as follows : help you God." " ART. 17. .TUDGE ADVOCATE m ~.izOsEcnT~-The judge advocate of a general or special In case of affirmation the closing sentence of adjuration mill be omitted. court-martial shall prosecute in the name of the United States, and Shall, under the direc- The words "by the same" concluded the first sentence of the second paragraph of the tion of the cou~t,prepare the word of its psoceedings. The accused shall have the right to be represented bcforc the court by connscl of his own selection for his dcfense, if such former article. counsel be reasonably available, but should he, for any reason, be unrepresented by ART. 20. COWTINUAXCES.-Acourt-martial mag, for reasonable cause, grant a counsf4, the jnrlge advocate shall from time to time throughout the proceedings advise the accueed of hs legal rights." continuance to either party for such time and as often as may appear to be just. ART. 21. R~FUS~LCR FAILURE TO PLEAD.-W~~~an accused arraigued before a court-martial fails or refuses to plead, or answers foreign to the purpose, or 8 ARTICLES OF wm. ARTICLES OF WAR. 9 after a plea of guilty makes a statement inconsistent with the plea, or designated to take a deposition to be read in evidence beforc a military court, commis- when it appears to the court that he entered a plea of guilty improvidently sion, cocrt of inquiry, or board, shnll bc compelledoradc to incriminate him." himself or to answer or through lack of understanding of its meaning and effect, the court any questions which may tend to incriminate or de, shall proceed to trial and judgment as if he had pleaded not euiltv. ART. 25. DEPOSITIONS-WHEN ADMISSIBLE.-A duly authenticated deposition - " Art. 21, Code of 1916, read as follows : taken upon reasonable notice to the opposite party may be read in evidence ''ART. 21. R~USALTO PLIDBD.--W~~~the accused, arraigned before a court-martial, before any military court or commission in any case not capital, or in any from obstinacy and deliberate design stands mute or answers foreign to the purpose, the court may proceed to trial and judgment as if he had pleaded not guilty." pl.oceeding before a court of inquiry or a military board, if such de~ositionbe taken when the wit-aess resides, is found, or is about to go beyollrl the State, ART. 22. PROCESSTO OBTAIN WIT~WSSES.-EV~~~trial judge advocate of a gen- Territory, or District in which the court, commission, or board is ordered lo eral or special court-martial and every summary court-martial shall hare sit, or beyond the distance of one hundred miles from the glace of trial or Power to issue the like process to compel witnesses to appear and testify hearillg, or when it appears to the satisfactiou of the court, commission, board, which courts of the United States, having criminal jurisdiction, may lawfully or appointing authority that the witness, by reason of ape, siclmess, bodily issue; but such process shall run to any part of the United States, its Terri- infirmity, imprisonment, 01- other reasonable cause, is unable to apllear and tories, and possessions. testify in person at the place of trinl or hearil~g:IJrocided, That testimony by BRT. 23. R~USALTO APPEAR OR TESTIFY.-EV~~~person not subject to mili- deposition nay be r,dclucecl for the defense iil capital cases. tary law who, being duly subpenaed to appear as a witness before any mili- ART. 26. DEPOSITIONS-BEFOEE IVI-:OM ~~~~hh.-Del~o~iLio~lsto be read in evi- tary court, commission, court of inquiry, or board, or before any officer, mili- dence before military courts, commissions, courts of inquiry, or military boards, tary or civil, designated to take a deposition to be read in evidence before such or for other use in military administration, may be taken before and authenti- court, commission, court of inquiry, or board, willfully neglects or refuses to cated b3- any oEcer, military or civil, ~uthorizedby the lams of the United appear, or refuses to qualify as a witness, or to testify, or produce documentary States or by the laws of the place where the deposition is taken to administer evidence which such person may have been legally subpcenaed to produce, shall oaths. be deemed gnilty of a misdemeanor, for which such person shall be punished BET.27. COURTSOF INQUIRY-RECORDSOF, WHEN .~D~IISSIBLE.-Thererord Of on information inthe district court of the United States or in a court of original the proceedings of a court of inquiry may, with the consent of the zccused, criminal jurisdiction in any of the territorial possessions of the United States, be read in evidence before any court-martial or military commission in any jurisdiction being hereby conferred upon such courts for such purpose; and it case not capital oor extending to the dismissal of an officer, and may also be , shall be the duty of the Uuited States district attorney or the officer prosecuting read in evidence in any proceeding before a court of inquiry or a military for the Government in any such court of original criminal jnrisdiction, on the board : P?a?jided, That such evidence may be adduced by the defea~ein capital certification of the facts to him by the military court, commission, court of in- cases or cases extending to the dismissal of an officer. quiry, or board, to file an information against and prosecute the person so of- ART. 28. CERTAIN ACTS TO CONSTITUTE DESERTION.-Any officer fending, and the punishment of such person, on conviction, shall be a fine of not who, having tendered his resignation and prior to due notice of the acceptance , more than $500 or imprisonment not to exceed six months, or both, at the dis- of the same, quits his post or proper duties without leave and with intent to I cretion of the court: Pro~ided,That the fees of such witness and his mileage, absent himself permanently t'nerefrom shnll he deemed a deserter. I at the rates allowed to witnesses attending the courts of the United States, ,4uy soldier who, without haviilg first recei~eda regular discharge, again shall be duly paid or tendered said witness, such hounts to be paid out of the enlists in the Army, or in the militia when in the service of the United States, appropriation for the compensation of witnesses : Provided fwther, That every or in the Navy or Marine Corps of the United States, or iil any foreign army, person not subject to military law, who befare any cour&martial, military shall be deemed to have deserted the service of the United States; and where tribunal, or military board, or in connection with, or in relation to any the enlistment is in one of the forces of the United States mentioned above, io proceedings or investigation before it or had under any of the provisions have fraudulently enlisted therein. of this act, is guilty of any of the acts made punishable as offenses against Any person subject to military law who quits his organization or glace public justice by any provision of chapter 6 of the Act of March 4, 1909, of duty with the intent to avoid hazardous duty or to shirk iaportant entitled " An Act to codify, revise, and amend the penal laws of the United service shall be deemed a deserter. States" (volume 35, United States Statutes at Large, page 1088), or any The first paragraph is the same as art. 28, Code of 1916, except that the former titleThe amendment thereof, shall be punished as therein provided. of that nrticle was "Resignation without acceptance does not release officer." This article became effectiveon June 4, 1920. second paragraph is the same as art. 29, Code of 1916. The third paragraph is new. ART. 24. COMPULSORYSELF-INCRIMINATION PROHIBITED.-NO witness before a ART. 29. COURT TO AXNOUNCE ACTION.-Whenever the court hax military court, commission, court of inquiry, or board, or before any officer acquitted the accused upon all specifications and charges, the court shall conducting an investigation, or before any officer, military or civil, designated at once announce such result in open court. such regulations as the to take a deposition to be read in evidence before a military court, commission, President may prescribe, the findings and sentence in other cases max Ije court of inquiry, or board, or before an officer conducting an investigation, similarly announced. shall be compelled to incriminate himself or to answer any question the an- ART. 30. CLOSEDSSESICNS.--W~~IXVW a general or special court-martial swer to which may tend to incriminate him, or to answer any question not shall sit in closed session, the trial judge advocate and the assistant\ trial material to the issue when such answer might tend to degrade him. judge advocate. il an), shall withdraw; and when their assistance in referring Art. 24, Code of 1916. read an- follnw~-.. - - . "ART. 24. COMPULSORYSELF-INCiXMINATION P~OHIBI~D.-NO witness before a mili- 10639"-2-2 tary court, commission, court of inquiry, or board, or before any oflicer, military or civil, 10 ARTICLES OF Wm. ARTICLES OF WAR. 11 to the recorded evidence is required, it shall be obtained in open court, and brought before it, and such record shall be authenticated by the signature of the presence of the accused and of his counsel, if there be any. the president and the trial judge advocate; but in case the record can noC The words "their legal advice or " appeared in the former article, following the word be authenticated by the president and trial judge advocate, by reason of " when." the death, disability, or absence of either or both of them, it shall be ART. 31. METPIOD OF VOTING.-Voting by members of a general or spe- signed by a member in lieu of the president and by an assistant trial cial court martial upon questions of challenge, on the findings, and on the judge advocate, if there be one, in lieu of the trial judge advocate; other- sentence shall be by secret written ballot. The junior melnber of the wise by another member of the court. court shall in each case count the votes, which count shall be checked by Art. 33, Code of 1916, following the semicolon, read as follows : the president, who will forthwith announce the result of the ballot to "but in case the record can not be authenticated by the judge advocate, by reason of his death, disability, or absence, it shall he signed by the president and an assistant the members of the court. The law member of the conrt, if any, or if judge advocate, if any; and if thcre be no assistant judge advocate, or in case of his there be no law member of the court, then the president, may rule in open cleath, disability, or absence, then by the prcsident and one other member of the court." court upon interlocutory questions, other than challenges, arising during ART. 34. RECORDS-SPECIAL AND SUMMARY COURTS-MARTIAL.-Eachsp€~ial the proceedings. Prmided, Thai unless such ruling be made by the Law court-martial and each summary court-martial shall keep a record of member of the court if any member object thereto the conrt shall be its pro- ceedings, separate for each case, which recol:d shall contain such. matter and cleared and closed and the question decided by a majority vote, viva be authenticnted in such manner as may be required by regulations which the voce, bzginning with the jucior in rank: And proxided further, That if any such ruling be made by the law member of the court upon any inter- President may from time to time prescribe. locutory question other than an objection to the admissibility of evi- ART. 35. DISPOSITIOX OF R~~CORDS-GENERALCOURTS-MARTIAL.-T~~ trial judge dence offered during the trial, and any member object to the ruling, the advocate of each general conrt-martial shall, with such expedition as circum- court shall likewise be cleared and closed and the question decided by a stances may permit, forward to 'the appointing authority or to his successor in majority vote, viva voce, beginning with the junior in rank: Provided command the original record of tie proceedings of such court in the trial of further, howecer, That the phrase, " objection to the admissibility of evi- each case. All records of snch proceclings shall, after having been acted upon, dence offered during the trial," as used in the next preceding proviso be transmitied to the Judge Advocate General of the Army. hereof, shall not be construed to include questions as to the order of the The ward "finally " appeared in the former article, preceding the word "acted." introduction of witnesses or other evidence, nor of the recall of witnesses ART. 36. DISPOSITIONOX RECORDS-%'ECIAL AND SUMMARY COURTS-MARTIAL.- for further examination, nor as to whether expert witnew~es shall be After having been acted upon by the officer appointing the court, or by the admitted or called upon any question, nor as to whether the court shall officer commanding for the time being, the record of each trial by special cdurt- view the premises where an oflense is alleged to have been committed, martial and a report of each trial by summary c~urt-martialshall be trans- nor as to the competency of witnesses, as7for instance, of children, witnesses mitted to such general headquarters as the President may designate io reyla- alleged to be mentally incompetent, and the like, nor as to the insanity of tions, there to be filed in the office of the judge advocate. When no longer of accused, or whether the existence of mental disease or mental derange- use, records of summary courts-martial rnay be destroyed. I ment on the part of the accused has become an issue in the trial, or ac- The words " special and " appeared ic the former article, preceding the word "sum- cused required to submit to physical examination, nor whether any argu- mary " in the last sentence. ment or statement of counsel for the accused or of the trial judge advocate BT.37. IRREG~LARITIES-EFFECTOF.-The proceedings of a court-martial is improper, nor any ruling in a case involving military strategy or shall not be held invalid, nor the findings or sentence disapproved, in any case tactics or correct military action; but, upon all these questions arising on on the ground of improper admission or rejectioo 01 evidence or for any error the trial, if any member object to any ruling of the law member, the as to any matter of pleading or procedure unless in the opinion of the review- court shall be cleared and closed and the question decided by majority ing or confirming authority, after an examination of the entire proceedings, it vote of the members in the manner aforesaid. shall appear that the error complained of has injuriously affected the substan- Art. 31, Cade of 1916, read as follows: tial rights of an accused: Provided, That the act or omission upon which the "ART. 31. OEDER oB VOTING.-Members of a general or special court-martial, in giv- accused has been tried constitutes an offense denounced and made punisliable ipg their votes, shall begin with the ju~iorin rank." by one or more of these articles: Provided further, That the omission of the A~T.32. CONTEMPTS.-A military tribunal may punish as for contempt words "hard labor " in any sentence of a court-martial adjudging imprison- any person who nses any menacing words, signs, or gestures in its presence, or ment or confinement shall not be construed as depriving the authorities exe- who disturbs its proceedings by any riot or disorder : Pro.c:ided, That such pun- cuting such sentence of imprisonn~entor confinement of the power to require ishment shall in no case exceed one month's confinemeni, or a fizle of $100, hard labor as a part of the punishment in any case where it is authorized by or both. the Executive order prescribing maximum pnnishn~ents. Art. 32, Code of 1916, read as follows: ART. 38. PRESIDENTMAY ~LSCRJBERULES.-T~~ President may, by regula- "Arm. 32.-CONTEMPTS.-A court-martial may punish at discretion, snbject to the liml- tions, which he may modify from tinle to time, prescribe the procedure, in- tations contained in article fourteen, any person who nses any menacing words, signs, or cluding modes of proof, in cases before col~ts-martial,courts of inquiry, m;!i- gestures in its presence, or who disturbs its proceedings by any riot or disorder." tary commissions, and other military tribunals, which regulations shall, in ART. 33. RECORDS-GENERALCOURTS-MARTIAL.-Ench general court-martial so far as he shall deem practicable: apply the rules of evidence generally shall keep a separate record of its proceedings in the trial of each case recognized in the trial cf criminal cases in the district courts of the ARTICLES OF WU. ARTICLES OF WBR. 13 United States: Pro?;i&cZ, That nothing contrary to or inconsistent with these articles shall be so prescribed: Provided further, That all rules made in pur- Penal Code of the United States, 1910, or by the law of the District of suance of this article shall be laid before the Congress annually. Columbia, or by way of commutation of a death sentence, and unless, also the period of confinement authorized and adjudged by such court-martial is I E. LIAfITATIONS UPON PROSECUTIONS. more than one year: Prodded, That when a sentence of confinement is ad- I judged by a court-martial upon conviction of two or more acts or omissions I ART.39. As TO T~NE.-lhCept for desertion committed in time of war, or for I mutiny or murder, no person subject to military law shall be liable to be tried any one of which is punishable under these articles by confinement in a peni- or punished by a court-martial for any crime or offense committed more than tentiary, the entire sentence of confinement may be executed in a ped- tentiary : PI-oqiided further, That penitentiary confinement hereby authorized 1 hvo Years before the arraignment of such person: Provided, That for desertion I may be served in any penitentiary directly or indirectly under the jurisdiction in time of peace or for any crime or offense punishable under articles ninety- three and ninety-four of this code the period of limitations upon trial and of the United States : Provided further, That persons sentenced to dishonorable ciischarge and to confinement not in a ppnitentiary sl~allbe confined in the 11 punishment by court-martial shall be three years: Provided fudhm, That the period of any absence of the accused from the jurisdiction of the United States, United States Disciplinary Barracks or elsewhere as the Secretary of War or and alsgrany period during which by reason of some manifest impediment the the i8eviewing authority may direct, but not in a penitentiary. The language between the words "offense of a civil nature" and the first provlso in 1 accused'shaU not have been amenable to military justice, shall be excluded in Art. 42, Code of 1916, lead as follows : "by some statute of the United States, or at I computing the aforesaid periods of limitation : And provided further, That this the common lam as the same exists in the District of Columbia, or by way of commu- article shall not have the effect to authorize the trial or pnnishment for any tation of a death sentence, and unless, also, the period of confinement authorized and crime or offense barred by the provisions of existing law. adiudged- - by such court-martial is one year or more :" - ABT. 40. AS TO NUMBER.-NO person shall, without his consent, be tried ART. 43. DEATH ~~TENCC-TVIIPN LAWFUL.-NO person shall, by general a second time for the same offense; but no proceeding in which an accused court-martial, be convicted of an offense for mhich the death penalty is made has been found guilty by a court-martial upon any charg, or specification mandatory by law, nor sentenced to suffer death, exept by the concurrence shall be held to be a trial in the sense of this articleuntil the re~ewing of all the members of said court-martial present at the time the vote is taken, and, if there be one, the confirming authority shall have taken final action and for an offense in these articles expressly made punishable by death; nor upon the case. sentenced to life imprisonment, nor to confinement for more than ten I No authority shall return a record cf trial to any court-martial for re- 8 years, except by the concurrence of three-fourths of all of the members 1 consideration of- present at the time the vote is taken. All other convictions and sentences, (a) An acquittal; or ' whether by general or special court-martial, may be determined by a two- (b) A finding of not guilty of any specification; or thirds vote of those members present at the time the vote is taken. All other 1 I (c) A finding of not guilty of any charge, unless the record shows a questions shall be determined by a majority vote. finding of guilty under a specification laid under that charge, which suffi- ~RT.43, Code of 1916, read as follows: ciently alleges a violation of some article of war; or "ART. 43. DEATH SENTEXCE-WHEN ~iwm~.-No person shall, by general eourt- (d) The sentence originally imposed, with a view to increasing its se- martial, be convicted 01 an offensc for which the death penalty is made mandat&g by verity, unless such sentence is less than the mandatory sentence fixed by law, nor sentenced to suficr death, except by the concurrence of tw&thirds of the mem bers of said court-martial and for an oeense in these articlcs expressly uade punishable law for the offense or offenses upon which a conviction has been had. by death. All othcr convic-tions and sentences, whether by general or specie1 court- And no court-martial, in any proceedings on revision, shall reconsider martial, may be determined by a majority of the members present." its finding or sentence in any particular in which a return of the record A~T.44. COWARDICE; FRAU-ACCESSORY pENArT~.--Tvhen an officer is dismissed of trial for such reconsideration is hereinbefore prohibited. from the service for cowardice or fraud, the crime, punishment, name, and place of abode of the delinquent shall be published in the newspapers in and about the camp and in the State from which the offender came or where he usually resides; and after such publication it shall be scandalous for an officer to ART. 41. CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED.-C~U~~ associate with him. and unusual punishments of every kind, including flogging, branding, mark- ART. 45. MAXIMUM~~~~~s.-Wheneve~ the punishment for a crime or offense ing, Or tattooing on the body, are ~rohibited. -. ~ .. .-. made punishable by these articles is left to the discretion of the court-martial, Art. 41, Code of 19i6, read as follows : the punishment shall not esceed such limit or limits as the President may fiwm "ART. 41. CERTAIN RINDS PROHIBI'PED.-PUL~~S~~~~~by flogging, or by branding, mark- ing, or tattooing on the body is prohibited." time to time prescribe : Prozided, That in time of peace the period of confine- m BET. 42. PLACESOF CO~INEMENT-WHENL~w~u~.-Except for de~ertionill ment in a penitentiary shall in no case exceed the maximum period .pre- time of war, repeated desertion in time of peace, and mutiny, no person shril scribed by the law which, under article 42 of these articles, permits con- under the sentence of a court-martial be punished by confinement in a peni- finement in a penitentiary, unless in addition to the offense so pnnishable tentiary unless an act or omission of which he is convicted is re-,ognized as under such law the accused shall have been convicted at the same time nf an offense of a civil nature and so punishable by penitentiary confinement - - nne- - - or- more- other offenses. The words "in time of peace" ap- for more tha~one year by some statute of the United States, of general This article became effective on June 4, 1920. peared in the former article, preceding the word "exceed." application within the continental United States, excepting section 289, ARTICLES OF WAR. ARTICLES OF WAR. 15 G. ACTION BY APPOINTING OR SUPERIOR AUTHOBITY. Any unexecuted portion of a sentence adjudged by a court-martial may be ART. 46. ACTION BY CONVENING AUTHORITY.-Under such regula- mitigated or remitted by the military authority competent to appoint, for the command, exclusive of penitentiaries and the Uilited States Disciplinarg Bar- tions as may be prescribed by the President every record of trial by gen- , racks, in which the person under sentence is held, a court of the kind that 1 eral court-martial or military commission received by a reviewing or con- firming authority shall be referred by him, before he acts thereon, to his imposed the sentence, and the same power may be exercisecl by SUQ~S~O~military authority; but no sentence approved or confirmed by the President shall be / staff judge advocate or to the Judge Advocate General. court-martial shall he carried into execution until the same No shall sentence have beenof a remitted or mitigated by any other authority, ccnd ?LO approved semkmce of loss of files by urn o$cer sI&ullbe remitted 07' nzitignted by a,lzlJ authority ilaferior to er appointing the court or by the officer commanding for the President, except as provided in, the fifty-secolad article. When olrpozoered by t7~ePresident so to do, the conzmandi,ng gelzeral, 0.f the cle mas entitled, ''Approval and execution of sentence." Army i,n tthe field or the comnta?zdi~zggenel.ab of the territorial department or S INCIDENT TO POWEE TO AmRov~.-The power to approve the division, nzau approve or confirm and commute (but not approve or con- t-martial shall be held to include: firm without commuting), mitigat.e, OT remit and then ovd.el- elcecuted as (a) The power to approve or disapprove a finding and to approve only so commuted, mitigated, or rmniited any 8entmce which under ti~esearticles re- f guilty of a particular ofyense as involves a Endlug of guilty quires the confilrnation of the President before the same mau be executed. of a lesser included offense when, in the opinion of the authority having powel. The power of remission or mitigation shall extend to all uncollectefl for- to approve, the evidence of record requires a finding of only the lesser degree of feitures adjudged by sentence of court-martial. The last sentence of the former articlc read : " T'he power of remission and n~itigation rove or disapprove the whole or any part of the sentence. shall extend to all uncollccted forfeitnrs adjudged by sentence of a court-martial." mand a case for rehearing, under the provisions of ART. 504. REVIEW; REHEARING.-The Judge ~dvodteGeneral shall cs than three constitute, in his office, a board of review consisting of not le- -WHEN REQUIRED.--111 addition to the approval re- officers of the Judge Advocate General's Department. x, confirmation by the President is required In the Before any record of trial in which there has been adjudged a sentence ' follow~ngcases before the sentence of a court-martial is carried inD execution, requiring approval or confirmation by the President under the provisions of article 46, article 48, or article 51 is submitted to the President, such ting a general officer. record shall be examined by the board of review. The board shall sub- (b) Any sentence extending to the dismissal of an officer, except that in time mit its opinion, in writing, to the Judge Advocate General, who shall, ex- of war a sentence extending to the dismissal of an officer below the grade of cept as herein otherwise provided, transmit the record and the board's brigadier general may be carried into execution upon confirmation by the com- opinicn, with his recommendations, directly to the Secretary of War for manding general of the Army in the Eeld or by the commanding general of the the action of the President. territorial department or division : Except as herein provided, no authority shall order the execution of (c) Any sentence extending to the suspension or dismissal of a cadet; and any other sentence of a general court-martial involving the penalty of (d) Any sentence of death, except in the cases of persons convicted in time death, dismissal not suspended, dishonorable discharge not suspended, or of war of murder, rape, mutiny, desertion, or as spies; and in such excepted confinement in a penitentiary, unless and until the board of review shall, caws a sentence of death may be carried into execution, subject to the pro- with the approval of the Judge Advocate General, have held the record n confirmation by the commanding general cf tile of trial upon which such sentence is based legally sufficient to support the commanding general of the territorial department sentence; except that the proper reviewing or confirming authority may upon his approval of a sentence involving dishonorable discharge or con- When the authority competent to confirm the sentence has already acted as finement in a penitentiary order its execution if it is based solely upon ity no additional confirmation by him is necessary. findings of guilty of a charge or charges and a specification or specifica- CIDENT TO POWER TO CONFIRN.--~\~~ power to confirm the tions to which the accused has pleaded guilty. When the board of review, sentence of a court-martial shall be held to include: with the approval of the Judge Advocate General, holds the record in a onfirm or disapprove a finding, and to confirm so much case in which the order of execution has been withheld under the provi- Ity of a particular offense as involves a finding of guilty sions of this paragraph legally sufficient to support the findings and sen- of 8 lesser included offense when, in the opinion of the authority having power tence, the Judge Advocate General shall so advise the reviewing or con- e of record requires a finding of only the lesser degree firming authority from whom the record was received, who may thereupm order the execution of the sentence. When in a case in which the order oP (h) The power to confirm or disapprove the whole or any part of the sentence. execution has been withheld under the provisions of this paragraph, the d a case for rehearing, under the provisions of board of review holds the record of trial legally insufficient to support thz findings or sentence, either in whole or in part, or that errors of law have hT. 50. ~ITIGATION OR REMISSION OF SENTENCES.-The power to order the been committed injuriously affecting the substantial rights of the accused, execution of the sentence adjudged by a court-martial shall be held to include, and the Judge Advocate General concurs in such holding of tbe board of inter alia, the power to mitigate or remit the whole or any part of the sentence. review, such findings and sentence shall be vacated in whole or in part 17 ARTICUS OF WBR. ARTICLES OF WAiL in accord with such holding and the recommendations of the Judge Advo- Whenever the President deems such action necesslzry, he may direct the ,cate General thereon, and the record shall be transmitted through the Judge Advocate General to establish a branch of his office, under an ,proper channels to the convening authority for a rehearing or such other Assistant Suc?ge Advocate General, with any distant command, and to es- action as may be proper. In the event that the Judge Advocate General tablish in such branch office a board of review, or more than one. Such shall not concur in the holding of the board of review, the Judge Advocate Assistant Judge Advocate GPene~aland such board or boards of review General shall forward all the papers in the case, including the opinion of shall be empo-bve~edto perform for that command, under the general supel- the board of review and his own dissent therefrom, directly to the Secre- vision of the Judge Advocate General, the duties which the Judge Advo- tary of War for the action of the President, who may confirm the action of cate General and the board or boards of review in his affice wodd other- the reviewing autholsity or confirming authority below, in wh01.e or in wise be required to perform in respect of all cases involving sentences not part, with or without remission, mitigation, or commutation, or may dis- requiring approval or confirmation by the President. approve, in whole or in part, any finding of guilty, and may disapprove ART. 51. SUSPENSIONOF SENTENCES OB DISBIlSSAT, Or\ DEA'H.-T~~ authorill or vacate the sentence, in whole or in part. competent to order the execution of a sentence of dismissal of an officer or a When the President or any reviewing or confirm!ng huthority disap- sentruce of death may suspend such sentence until the pleasure of the Presi proves or vacates a sentence the execution of which has not theretofore dent he known, and in case of such susl~ensiou a copy of the order of sns been duly ~rdered,he may authorize or direct a rehearing. Such rehenr- Dension, together with a copy of the record of trial, shall immecliatelg be tralls ing shall take pizce before a court composed of office~snot members of rnitted to the President. the court which first heard the case. Upon such rehearing the accused ART. 52. SUS~EBSIONOF SENTENCES.-T~~il~tl10rity competent b order iht shall not be tried for any offense of wkiich he was found not guilty by the execution of t7~esentence of (L court-n~artialmay, at i7~etime of the appr'oca fipt court, and no sentence in excess of or more severe than the original of aic7~smtatce, suspend the execullon, i~zlal~oic 01. in part, of anu suol sentence shall be enforcad unless the sentence be based upon a finding of , sentence as does izot extend to death, (ind may iestO7.e thc person ulldw sefl guilty of an offense not considered upon the merits in the original pro- tence to duty durin~such szcspe?zsion, and the Secretary of War or the corn ceeding: PromXed, That such rehearing shall be had in all cases where a manding officer holding general court-martial jurisdiction over any SUC~ finding and sentence have been vacated by reason of the action of the offender, may at any time thereafter, while the sentence is beiug served board of review approved by the Judge Advocate General holding the suspend the execution, in whole or in part, of the balance of such sentenc record of trial legally insufficient to support the findings or sentence or and restore the person under sentence to duty during such suspension. r that errors of law have been committed injuriously affecting the substan- seiltence, or any part themof, whic7~l~ns been so susl~e~zdcd be vcnzitted, i~ tial rights of the accused, unless, in accord with such action, and the whole or in part, except in cases of persons co~zfilreclin t7~aUsitcd States Dis recommendations of the Judge Advocate General thereon, the findings or ciplinary Bn~roc76sor its branches, by the oflccl- Who suspn~ds(1the sunte, b sentence are approved in part only, or the record is returned for revision, 7~isSZLCC~SSO~ in ofice, or by any oflccr exel cising ccpp~.op?'iatecourt-nza~.tia or unless the case is dismissed by order of the reviewing or confirming Jurisdictiolc oqer the co~iwzattdin whicl~the person under sentence may be serl authority. After any such rehearing had on the order of the President, the ilzg at the tint& and, subject to t7~efomgoing exceptions, the same uuthorit record of trial shall, after examination by the board of review, be trans- ntay .z;acate the order of suspensim~at any time a12d order the execution of th mitted by the Judge Advocate General, with the board's opinion and his sentence or tlhe suspended part t7m-eof in so far as the scme shaW not 7~ac recommendations, directly to the Secretary of War for the action of the been previously ~enzittsd,subject to like power of suspension. The death o honorable discharge of a, pei.son under a suspelzded sentence slball operais as Every record of trial by general court-martial, examination of which by complete renzissio7~of ally unexecuted or uwenbitted pn?t of such sentence. *he board of review is not hereinbefore in this article provided for, shall ART. 53. EXECUTION OR REMISXION --CONFINEiUEN!ll IN DISC1 nevertheless be examined in the Judge Advocate General's Office; and if PLINARY BARRACKS.--T~~~I~a sentence of dE,s7~onorccbledischnl'ge 7zns Dee i found legally insufficient to support the findings and sentence, in whole or szispended until thc soldier's release fvoi?~ confil~en%eitt,the ezeeution or r-c in part, shall be examined by the board of review, and the board, if it also rnisszon of any purt of his sente~zceshail, if t7~esoklier be confined &n ttk finds that such record is legally insufficient to support the findings and United States Disciplinary Buwncks, m any branch fhweof, be directed by th sentence, in whole or in part, shall, in writing, submit its opinion to the Secretary of War. Judge Advocate General, who shall transmit the record and the board's 111. PUNITIWARTICLES. opinion, with his recommendations, directly to the Secretary of War for the action of the President. In any such case the President may approve, A. ENLISTMENT ; MUSTER ; RETURNS. disapprove, or vacate, in whole or in part, any Endings of guilty, or con- firm, mitiga.te, commute, remit, or vacate any sentence, in whole or in ART. 54. FRAUDULICNTENLISTMENT.-:yny perSon who shall procure himserf f part, and direct the execution of the sentence as confirmed or modified, be enlisted in the military service of the United States by means of willful rnb and he may restore the accused to all rights affected by the findings and representation or concealmeat as to his qualifications for enlistment, and sho sentence, or part thereof, held to be invalid; and the President's necessary receive pay or allowances under such enlistment, shall be punished as a cow! orders to this end shall be binding upon all departments adofficers of the martial may direct. ART.55. OFFICER&fAI(ING UNLAWFUL ENLISTMF:NT.-Allyofficer who knowing] Whenever necessary, the Judge ,Advocate General may constitute two enlists or musters into the military service my person whose enlistment C or =ore boards of review in his office, with equal powers and duties. ARTICLES W&. 18 OF ARTICLES OF WAR. 19 muster in is prohibited by law, regulations, or orders shall be dismissed from ART. 61. ABSENCEWITHOUT rxam.-Any person subject to military law who the service or suffer such other punishment as a court-martial may direct. fails to repair at the fised time to the properly appointed pl;xce GP duty, or goes Am. 56. FALSEMUSTER.--Any officer who knowingly makes a false muster of man or animal, or who signs or directs or allows the signing of any muster ,from the same without proper leave, or absents himself from his command, roll knowing the same to contain a false muster or false statement as to the guard, quarters, station, or camp without proper leave, shall be punished as a absence or pay of an officer or soldier, or who wrongfully takes money or. other court-martial may direct. consideration on mustering in a regiment, company, or other organization, or on C. DISRESPECT ; INSUl3ORDINATION ; MUTINY. signing muster rolls, or who knowingly musters as an officer or soldier a person who is not such officer or soldier, shall be dismissed from the service an3 suffer such other punishment as a court-martial may direct. ART. 62. DISRESPECTTOWARD THE PRESIDENT,VICE PRESIDENT,CONGRESS, SECRE. TARY OF WAR, GOVERNORS, LEGISLATURES.-Anyofficer who Uses ContemptUo~SOr This article is the same as the last sentence of art. 56, Code of 1916. The portion of disrespectful words against the President, Vice President, the Congress of the the former article not retained read as fol-ows: "ART. 56. MUSTERROLLS-FALSEI MUSTBR-At every muster of a regiment, troop, United States, the Secretary of War, or the governor or legislature of anJ battery, or company the commanding officer thereof shall give to the mustering officer State, Territory, or other possession of the United States in which he is quar. certificates, signed by himself, stating how long absent officers have been absent and the tered shall be dismissed from the service or suffer such other punishment as a reasons of their absence. And the commanding officer of every troop, battery, or com- court-martial may direct. Any other person subject to military law who sc pany shall give like certificates, stating bow long absent noncommissioned officers and oEends shall be punished as a court-martial may direct. private soldiers have been absent and the reasons of their absence. Such reasons and time of absence shall be inserted in the muster rolls opposite the names of the re- ART. 63. DIS~ESPXCTTOWARD SUPERIOR OXFICEP..-A~Yperson subject to mili spective absent officers and soldiers, and the certificates, together with the muster rolls, tary law who behaves himself with disrespect towarcl his superior officer shal shall be transmitted by the mustering officer to the Department of War as speedily as be punished as a court-martial may direct. the distance of the place and muster will admit." ART. 61. ASSAULTINGOR WILLFULLY DISOBEYIKG SUPERIOR OFFICER.-Any PerSOE ART. 57. FALSERETURNS-OMISSION TO RENDER RETURNS.--EV~~~officer whose subject to military law who, on any pretense whatsoever, strikes his superiol duty it is to render to the War Department or other superior authority a officer or draws or liIts up any weapon or offers any violence against him, being return of the state of the troops under his command, or of the arms, ammuni- in the execution of his office, or willfully disobeys any lawful command of his tion, clothing, funds, or other property thereunto belonging, who knowing-y superior oficer, shall suffer death or such other punishment as a court-martia makes a false return thereof shall be dismissed from the service and suffer may direct. such other punishment as a court-martial may direct. And any officer who, bT. 65. INSWORDINATE CONDUCT TOWUD NONCOMMISSIONED OFFICER.-&^^ through neglect or design, omits to render such return shall be punished as a soldier who strikes or assaults, or who atternpls or threatens to strike or as court-martial may direct. sault, or willfully disobeys the lawful order of a warrant officer or a noncom This article is the same as art. 57, Code of 1916, except that the fist sentence of the missioned officer while in tbe execution of his oEce, or uses threatening or in former article, reading as follows, has been omitted : sulting language, or beha~esin an in~ubo~clinateor disrespectful manner to "ART. 57. ~ALSP RETURNS-ONISSION TO RBNDlB RETURN~.-EV~~~officer command- ward a warrant officer or a ~loncommissionedofficer while in the execution o. ing a regiment, an independent troop, battery, or company, or a garrison shall, in the beginning of every month, transmit through the proper channels, to the Department of his office, shall be punished as a court-martial may direct. War, an exact return of the same." ART. 66. NUTINY oa SEDITION.-A~~person subject to military law who at tempts to create or who begins, excites, causes, or joins in any mutiny or sedi tion in any company, party, post, camp, detachment, guard, or other commanc B. DESERTION ; ABSENCE 'WITHOUT LEAVE. shall suffer death or such other punishment as a court-martial may direct. ART. 58. DESERTION.-Any person subject to military law who deserts or at- ART. 67. FAILURETO SUPPRESS MUTINY OR SEDITION.-hy officer 01' soldie tempts to desert the service of the United States shall, if the offense be com- who, being present at any mutiny or sedition, does not use his utmost endeavo mitted in time of wal; suffer death or such other punishment as a court-martial to suppress the same, or knowing or having reason to believe that a mutiny o may direct, and, if the offense be committed at any other time, any punishment, sedition is to take place, does not without delay give information thereof to hi excepting death, that a court-martial may direct. commanding officer shall suffer death or such other punishment as a court ART. 59. ADVISING OR AIDING ANOTHER TO DESEZT.-~~person subject to mili- martial may direct. tary law who advises or persuades or knowingly assists another to desert the ART. 68. QUARRELS;FRAYS; DISORDERS.-A~~ officers, members of the Arm: service of the United States shall, if the offense be committed in time oi. war, Nurse Corps, warrant officers, Army field clerks, field clerks, Quarten suffer death or such other punishment as a court-martial may direct, and, if master Corps, and noncommissioned officers have power to part and quell a1 the offense be committed at any other time, any punishment, excepting death, quarrels, frays, and disorders among persons subject to military law and t that a court-martial may direct. order officers who take part in the same into arrest, and other persons subjec ART. 60. ENTERTAININGa DEEIERTER.-A~~officer who, after having discovered to military lam who take part in the same into arrest or confinement, as ci~ that a soldier in his command is a deserter from the military or naval service cumstances may require, until their proper scperioi' officer is acquainted then or from the Marine Corps, retains such deserter in his command without inform- with. And whosoever, being so ordered, refuses to obey such officer, nurse ing superior authority or the commander of the organization to which the band leader, warrant officer, field clerk, or noncommissioned officer, or draw dewrter belongs, shall be punished as a court-martial may direct. a weapon upon or otherwise threatens or does violence to him, shall be pur ished as a court-martial may direct. 20 ARTICLES OF WAR. ARTICLES OF WAR. 2 1 * D. ARREST ; CONFINEMENT. trial by general court-martial the commanding officer will, within eight ART. 69. ABRESTOR CONFINEMENT.-Anyperson subject to military law days after the accused is arrested or confined, if practicable, forward the charged with crime or with a serious offense under these articles shall be placecl charges to the officer exercising general court-martial jurisdiction and fur- in confinement or in arrest as circumstances may require; but when charged nish the accused a copy of such charges. If the same be not practicable, with a minor offense only such person shall not ordinarily be placed in he will report to superior authority the reasons for delay. The trial judge confinement. Any person placed in arrest under the provisions of this article advocate will cause to be served upon the accused a copy of the charges shall thereby be restricted to his barracks, quarters, or tent, unless such limits upon which trial is to be had, and a failure so to serve such charges will be ground for a continuance unless the trial be had on the charges fur- shall be enlarged by proper authority. Any ofices or cadet who breaks his ar- In time of peace no person rest or who escapes from confinement, whether before or after trial or sen- nished the accused as hereinbefore provided. tence and before he is set at liberty by proper authority, shall be dismissed shall, against his objection, be brought to trial before a general court-martial from the service or suffer such other punishment as a court-martial may direct; within a period 01 five days subsequent to the service of charges upon him. and any other person subject to military law who escapes from confinement Art. 70, Code of 1916, reod as follows : or who breaks his arrest, whether before or after trial or sentence and &'BET. 70. INVISTIGA~ONOF AND AcnoN UPON CHARGES.-NO person put in arrest shall be continued in confinement more than 8 days, or until such time as a court- before he is set at liberty by proper authority, shall be punished as a court- martial can be assemblerl. When any person is put in arrest for the purpose of trial, martial may direct. except at remete military posts or stations, the oEicer by whose order he is nrrcstcd shall see that a copy of the charges on which he is to be tried is served upon hiin Art. 69, Code of 1916, reads as follows : within 8 days after his arrest, and that he is brought to trial within ten days thereafter, "ART. 69. A~LUESTOR COR~NEMENT OF ACCUSED PERSONS.-An officer charged with unless the necessities of the service prevent such trial; and then he shall be brought to crime or mith a serious offense under these articles shall be placed in arrest by the com- trial within thirty days after the expiration of said ten days. If a copy of the charges manding officer, and in exceptional cases an officer so charged may be placed in con- be not served, or the arrested person be not brought to trial, as herein required, the finement by the same authority. A soldier charged with crime or with a serious of- arrest shall cease. But persons released from arrest, under the provisions of this fense under these articles shall be placed in confinement, and when charged mith a article, may be tried, whenever the exigencies of the service shall permit, within twelve ( minor offense he may be placed in arrest. Any other person subject to military law months after such release from arrest: Prohded, That in time of peace no person shall, charged with crime or with a serious offense under these articles shall be placed in con- against his objection, be brought to trial before a general court-martial within a finement or in arrest, as circumstances may require; and when charged with a minor ~eriodof five days subsequent to the service of charges upon him." offense such person may be placed in arrest. Any person placed in arrest under the provisions of this article shall thereby be restricted to his barracks, quarters, or tent, ART. 71. REFUSALTO RECEIVE AND KEEP PRISONERS.-NOprovost marshal or unless such limits shall be enlarged by proper authority. Ally officer who breaks his commander of a guard shall refuse to receive or keep any prisoner committed arrest or who escapes from confinement before he is set at liberty by proper authority to his charge by an officer belonging to the forces of the United States, pro- shall be dismissed from the service or suffer such other punishment as a court-martial may direct, and any other person subject to military law who escapes from confinement vided the officer committing shall, at the time, deliver an account in writing, or who breaks his arrest before he is set at liberty by proper authority shall be punished signed by himself, of the crime or offense charged against the prisoner. Any as a court-martial may direct." officer or soldier so refusing shall be punished as a court-martial may direct. BBT. 70. CHARGES; ACTION UPON.-Charges and specifications must &T. 72. 1Cs~on.rOF PRISONERS RECEIVED.--E~~~Ycoinmauder of a guard to be signed by a person subject to military law, and under oath either that whose charge a prisoner is committed shall, within twenty-four hours after he has personal knowledge of, or has investigated, the matters set forth such confinement, or as soon as he is reiieved frum his guard, report in writing therein, and that the same are true in fact, to the best of his knowledge to the commanding officer the name of such prisoner, the offense charged and belief. against him, and the name of tlie officer committing him; and if he fails to No charge will be referred for trial until after a thorough and im- make such report, he shall be punished as a court-martial may direct. partial investigation thereof shall have been made. This investigation ART. 73. RELEASINGPRISONER WITHOUT PROPER AUTHORITY.-Any perSon sub- will include inquiries as to the truth of the matter set forth in said "---iwt to miliiar~:law who, without proper authority, releases my prisoner duly charges, form of charges, and what disposition of the case should be committed to his charge, or who through neglect or design suffers any prisoner made in the interest of justice and discipline. At such investigation full so committed to escape, shall be punished as a court-martial may direct. opportunity shall be given to the accused to cross-examine witnesses ART. 74. DELIVERYOF OFFENDERS TO CIVIL AUTHORITIES.-~~~I~any person against him if they are available and to present anything he may desire subject to military law, except one who is held by the military authorities to in his own behalf either in defense or mitigation, and the investigating answer, or who is awaiting trial or result of trial, or who is undergoing sen- officer shall examine available witnesses requested by the accused. If the tence for a crime or offense punishable under these articles, is accused of a charges are forwarded after such investigation, they shall be accompanied crimo or offense committed within the geographical limits of the States of the by a statement of the substance of the testimony taken on both sides. Gnion and the District of Columbia, and punishable by the laws of the land, Before directing the trial of any charge by general court-martial the the commanding oficer is required, except in time of war, upon application appointing authority will refer it to his staff judge advocate for consid- duly made, to use his utmost endeavor to deliver over such accused person to eration and advice. the civil authorities, or to aid the officers of justice in apprehending and When any person subject to military law is placed in arrest or confine- securing him, in order that he may be brought to trial. hny commanding officer ment immediate steps will be taken to try the person accused or to dismiss who upon such application refuses or willfully neglects, except in time of war, the charge and release him. Any officer who is responsible for unneces- to deliver over such accused person to the civil authorities or to aid the officers sary delay in investigating or carrying the case to a final conclusion shall of justice in apprehending and securing him shall be dismissed from the be punished as a court-martial inay direct. When a person is held for service or suffer such other punishment as a court-martial may direct. ARTICLES OF WAR, ARTICLES OF WAR. 23 When, under the provisions of this article, delivery is made to the civil authorities of an offender undergoing sentence of a court-martial, such delivery, ART. 81. RELIEVING, CORRESPONDENCE WITH, OR AIDING THE ENEMY.-W~O~O~V~~ if followed by conviction, shall be held to interrupt the execution of the relieves or attempts to relieve the enemy with arms, ammunition, supplies, sentence of the collrt-martial, and the offender shall be returned to military money, or other thing, or knowingly harbors or protects or holds correspondence custody, after having answered to the civil authorities for his offense, for the with or gives intelligence to the enemy, either directly or indirectly, shall suffer conlpletion of the said court-martial sentence. death or such other punishment as a court-martial or military commission may direct. ART. 82. S~ms.-Any person who in time of war shall be found lurking or 1. WAR OFFENSES. acting as a spy in or abont any of the fortifications, posts, quarters, or encamp- ments of any of the armies of the United States, or elsewhere, shall be tried ART. 75. MISBEHAVIORBEFORE TIIE ENEMY.-A~~officer Or soldier who, be- fore the enemy, mkbehaves himself, runs away, or shamefully abandons or by a general court-martial or by a military commission, and shall, on conviction delivers up or by any misconduct, disobedience, or neglect endangers the thereof, suffer death. safety of ally fort, post, camp, guard, or other command which it is his duty B. &CI~CELLANEOUSCRIMES AND OFBENSES. to defend, or speaks words inducing others to do the like, or casts away his arms or ammunition, or quits his post or colors to plunder or pillage, or by ART. 83. MILITARYPROPERTY-WILLFUL on NEGLIGENT LOSS,DAMAGE, OR WRONG- any means whatsoever occasions false alarms in camp, garrison, or quarters, FUL DISPOSITION.-Any person subject to military law who wjllfully, or through shall suffer death or such other punishment as a court-martial may direct. neglect, suffers to be lost, spoiled, damaged, or wrongfully disposed of, any The words preceding the word "fort" in art. 75, Code of 1916, wmas follows: military property belonging to the United States shall make good the loss or "Any officer or soldier who misbehaves himself before the enemy, nlns away, or shame- damage and suffer such punishment as a court-martial may direct. fully abandons or delivers up any " ; otherwise the same. ART. 84. WASTE OR UNLAWFUL DISPOSITION OF MILIT-UY PROPERTY ISSUSD TO ART. 76. ~WORDINA!!ES COMPELLING COMMANDER TO SURRENDER.-A~~person so~~mRs.-Any soldier who sells or wi-ongfully disposes of or willfully or I subject to military law who compels or &tempts to compel any commander through neglect injures or loses aiiy horse, arms, ammnnition, accoutermenb, I of any garrison, fort, post, camp, guard, or other command, to give it up to eouigment,- - clothing, or other property issued for use in the military service, 1 the enemy or to abandon it shall be punishable with, death or such other shall be punished as e court-martial may direct. as a court-martial may ulirect. ART. 85. DEuNX ON DUTY.-A~~officer who is found drunk on duty sh-111, if Art. 76, Code of 1916, read as folloms : the offense be committed in time of war, be dismissed from the service and "ART. 76. SUBORDINATDSCOMPELLING COMMANDER TO SURRENDEL-If any commander suffer such other punishment as a court-martial may direct; and if the offense of any garrison, fort, post, camp, guard, or other command is compelled, by the officers be committed in time of peace, he shall be punished as a court-martial may or soldiers under his command, io glve it up to the enemy or to abandon it, the officers or soldiers so offending shall suffer death or such other punishment as a court-martial direct. Any person subject to military law, except an officer, who is found drunk on duty shall be punished as a court-rsartial may direct. ART. QG. B~ISREHAVIOROF SPNTINEL.-A~Y sentinel who is fo~nddrunk or sleep- I ART. 77. IMPROPERUSE OF COUNTERSIGN.-Any person subject to military law ing upon his post, or who leaves it before he is regularly relieved, shall, if ' who makes known the parole or countersign to any person not entitled to receive the offense be committed in time of war, suffer death or such other punishment it according to the rules and discipline of war, or gives a parole or countersign as a court-martial may direct; and if the offense be committed in time of different from that which he received, shall, if the offense be committed in peace, he shall suffer any punishment, except death, that a court-martial may time of war, suffer death or s~zchother punishment as a court-martial may direct. ART. 87. PERSONALINTEREST IN SALE OF PROVISIONS.-A~Yofficer commanding ART. 78. FORCINGA SAFEGUARD.-A~~ person subject to military law who, in in any garrison, fort, barracks, camp, or.other place where troops of the United time of war, forces a saleguard shall suffer death or such other punishment as States may be serving who, for his private advantage, lays any duty or im- a court-martial may direct. position upon or is interested in the sale of any victuals or other necessaries ART. 79. CAPTUREDPROPERTY TO BE SECURED FOR PUBLIC SERVICE.-A11 public of life brought into such garrison, fort, barracks, camp, or other place for the property take3 from the enemy is the property 01 the United States and shall use of the troops, shall be dismissed from the service and suffer such other be secured for the service of the United States, and any person subject to mili- punishment as a court-martial may direct. tary law who neglects to secure such property or is guilty of wrongful appro- ART. 88. INTIJIIDATIONOF PERSONS RRINGING PROVISIONS.-Any person subject priation thereof shall be punished as a court-martial may direct. to military lam who abuses, intimidates, does violence to, or wrongfully in- ART. 80. DEALINGIN CAPTWED OR ABAKDONED PROPERTY.-Any person subject terferes with any person bringing provisions, supplies, or other necessaries to to military law who buys, sells, trades, or in any way deals in or disposes of the camp, garrison, or quarters of the forces of the United States shall suffer captured or abandonecl property, whereby he shall receive or expect any profit, such punishmeut as a court-martial may direct. benefit, or advantage to hiinself or to any other person directly or indirectly ART. 89. GOODORDER TO BE BIAINTAIRPD AND WRONGS REDRESSED.-All persoX4 connectecl with himself, or who fails whenever such property comes into his subject to military law are to behave themselves orderly in quarters, garrison, possession or custody or within his control to give notice thereof to the proper authority and to turn over such property to the proper authority without delay, camp, and on the march; and any person subject to military law who commits shall, on conviction thereof, be punished by fine or imprisonment, or by such any waste or spoil, or willfully destroys any property whatsoever (unless by other punishment as a court-martial, military commission, or other military tri- order of his commanding oacer), or commits any kind of depredation or riot, bunal maj7 adjudge, or by any or all of said penalties.. shall be punished as a court-martial may direct. Any commanding officer who, ARTICLES OF WAR. ARTICLES OF WAR. upon complaint made to him, refuses or omits to see reparation made to the authority to receive the same, any amount thereof less than that for which he party injured, in so far as the offender's pay shall go toward such reparation, receives a certificate or receipt ; or as provided for in article 105, shall be dismissed from the service, or other- Who; being authorized to make or deliver any paper certifying the receipt of wise punished, as a court-martial may direct. any property af the United States fnr~lishedor intended for the military service kr. 90. PROVOKINGSPEECHES OR GESTURES.-NO person subject to military thereof, nlakes or delivers to any person such writing, without having full law shall use any reproachful or provoking speeches or gestures to another; linowledge of the truth of the statements therein contailled and with intent to and any person subject to military law who offends against the provisions of defraud the United States; or this article shall be punished as a court-martial may direct. Who steals, embezzles, knowingly and willfnlly misappropriates, applies to ART. 91. DUELING.--A~Y person subject to military law who fights or pro- his own use or benefit, or wrongfully or knowingly sells or disposes of any motes or is concerned in or connives at fighting a duel, or who, having knowl- ordnance, arms, equipments, ammunition, clothing, subsistence stores, money, edge of a challenge sent or about to be sent, fails to report the fact promptly or uther property of the United States furnished or intended for the military to the proper authority, shall, if an officer, be dismissed from the service or service thereof; or suffer such other punishment as a court-martial may direct; and if any other Who knowingly purchases or receives in pledge for any obligation or in- person subject to military law, shall suffer such punishment as a court-martial debtedness from any soldier, officer, or other person who is a part of or em- ployed in said forces or service, any ordnance, arms, equipment, ammunition, ART. 92. MU~DER-RAPN.-A~~person subject to military law who commits clothing, subsistence stores, or other property of the Uiuted States, such sol- murder or rape shall suffer death or imprisonment for life, as a court-martial dier, officer, or other person not having lawful right to sell or pledge the same ; ect; but no person shall be tried by court-martial for murder or rape Shall, on conviction thereof, be punished by fine or imprisonment, or by ed within the geographical limits of the States of the Union and the such other punishment as a court-martial may adjudge, or by ally or a11 of of Colunlbia in time of peace. said penalties. And if any person, being guilty of any of the offenses afore- RT. 93. VARIOUSCRIMES.-A~Y person subject to military law who corn- said while in the military service of the United States, rece:ves his discharge mlts manslaughtel; mayhem, arson, burglary, housebreaking, robbery, lar- or is dismissed from the service, he shall continue to be liable to be arrested ceny, embezzlement, perjury, forgery, sodomy, assault with intent to commit and held for trial and sentence by a court-martial in the same manner and to any felony, assault with intent to do bodily harm with a dangerous weapon, the same extent as if he had not received such discharge nor been d:smissed. instrument, or other thing, or assault with intent lo do bodily harm, sllall And if any officer, being guilty, while in the military service of the be punished as a court-martial may direct. United States, of embezzlement of ration savings, post exchange, company, ART. 94. FRAUDSAGAINST THE Go~RNMENT.-A~~person subject to lnilitary or other like funds, or of embezzlement of money or other property in- law who makes or causes to be made any claim agaiust the United States or trusted to his charge by an enlistsd man or men, ?eceives his discharge, any officer thereof, knowing such claim to be false or fraudulent; or or is dismissed, or is dropped from the rolls, he shall continue to be liable Who presents or causes to be presented to any *person in the civil or military to be arrested and held for trial and sentence by a court-martial in the service thereof, far approval or payment, any claim against the United States, same manner and to the same extent as if he had not been so discharged, or any officer thereof, knowing such claim to be false or fraudulent; or dismissed, or dropped from the rolls. Who enters into any agreement or conspiracy to defraud the United States ART. 95. CONDUCTUNBECOMIXG AN OFFICER AND GENTLEXAN.-A~Yofficer or by obtaining, or aiding others to obtain, the allowance or payinent of any false cadet who is convicted of conduct unbecoming an officer and a gentleman shall or fraudulent claim ; or be dismissed from the service. Who, for the purpose of obtaining, or aiding ot11el.s to obtain, the approval, ART. 96. GENERALARTICLE.-T~OU~~I not mentioned in these articles, all dis- allowance, or payment of any claim against the United States or against any orders and neglects to the prejudice of good order and military discipline, all officer thereof, makes or uses, or procures, or advises the making or use of, any conduct of a natdre to bring discredit upon the military service, and all crimes writing or other paper knowing the same to contain any false or fraudulent or offenses not capital, of which persons subject to military law may be guilty, statements ; or shall be taken cognizance of by a general or special or summary court-martial, Who, for the purpose of obtaining, or aiding others to obtain, the approval, according to the nature and degree of the offense, and punished at the discre allowance, or payment of any claim against the United States or any officer tion of such court. thereof, makes or procures, or advises the making of, any oath to any fact or IV. COURTSOF INQUIRY. to- any writing or other paper knowing such oath to be false ; or Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim agaiast the United States or any officer ART. 97. WHEN AND BY WHOM ORDERED.-A court of inquil'y to examine into thereof, forges or counterfeits, or procures, or advises the forging or countel'- the nature of any transaction of or accusation or imputation against any officer feiting of any signature upon any writing or other paper, or uses, or procures, or soldier may be ordered by the President or by any commanding officer; but a court of inquiry shall not be ordered by any com~nanclingoflicer except upon or advises the use of any such si-~ature, knowing the same to be forged or conduct is to be inquired into. counterfeited ; or the request of the officer or soldier Who, having charge, possession, custody, or control of any money or other Az.cvr. 98. COMPOSITION.-A court of inquiry shall consist of three or more ofi- property of the United States, furnished or intended for the military service cers. For each court of inquiry the authority appointing the court shall appoint thereof, knowingly delivers, or causes to be delivered, to any person having a recorder. 26 ARTICLES OF WAR. ARTICLES OF WAR. , ART. 99. CHALLENGES.-M~~~~~Sof a court of inquiry may be challenged by to the offen*, may, through the proper channel, appeal to the next superior the party whose conduct is to be inquired into, but only for cause stated to the authority, but may in the meantime be required to undergo the punishment court. The court shall determine the relevancy and validity of any challenge, adjudged. The commanding officer who imposes the punishment, his successor and shall not receive a challenge to more than one member at a time. The party in command, and superior authority shall have power to mitigate or remit 1 whose conduct is being inquired into shall have the right to be represented be- any unexecuted portion of the punishment. The imposiLion and enforcement of fore the court by counsel of his own selection, if such counsel be reasonably disciplinary punishment uncler authority of this article for any act or omission available. shall not be R bar to trial by court-martial for a crime or offense growing out ART. 100. OATH OF MEMBERS AND REC~RDERS.-T~~recorder of a court of of the ssnm act or omission; but the fact thnt a disciplinary punishment has inquiry shall administer to the members the following oath: " You, A. B., do been enforced may be shown by the accused upon trial, and when so shown swear (or affirm) that you will well and truly examine and inquire, according shall be considered in determining the measure of punishment to be ailjudged to the evidence, into the matter now before you without partiality, favor, affec- in the event of a finding of guilty. I tion, prejudice, or hope of reward. So help you God." After which the presi- This article omits matter which appeared in the Arst paragraph of art. 104, Code of dent of the court shall administer to the recorder the Iollowing oath: "You, 1916, as follows: After the words "Prcaident may prescribe," the words "and which A. B., do swear (or affirm) that you will, according to your best abilities, accu- he may from time to time revoke, alter, or add to," and after the words "minor rately and impartially record the proceedings of the court and the evidence to offenses" the words "not denied by the accused." The first sentence of the second paragraph of the former article read as follows:: be given in the case in hearing. So help you God." "The disciplinary punishments authorized by thie article may include adnionition, In case of affirmation the closing sentence of adjuration will be omitted. reprimand, lvithholding of privileges, extra fatigue, and restriction to certain specified ABT. 101. POWERS;PROCEDURE.-A court of inquiry and the recorder thereof limits, but shall not include forfeiture of pay or confinement under guard." shall have the same power to summon and examine witnesses as is given to ART. 105. INJURIESTo PROPERTY-REDRESSor.-Whenever complaint is made courts-martial and the trial judge advocate thereof. Such witnesses shall to any commanding officer that damage has been done to the Property of any take the same oath or affirmation that is taken by witnesses before courts- person or that his property has been wrongfully taken by persons subject to martial. A reporter or an interpreter for a court of inquiry shall, before military law, such complaint shall be investigated by a board consisti~lgof I entering upon his duties, take the oath or afiraation required of a reporter or any number of officers from one to three, which board shall be convened by I an interpreter for a court-martial. The party whose conduct is being inquire(1 the com~nandingofficer and shall have, for the purpose of such investigation, into or his counsel, if any, shall be permitted to examine and cross-examine wit- power to summon witnesses and examine them upon oath or affirmation, to nesses so as fully to investigate the circumstances in question. I receive depositions or other documentary evidence, and to assess the damages ART. 102. OPINION ON MERITS OF CASE.-A court of inquiry shall not give an sustained against the responsible parties. The assessment of damages made by opinion on the merits of the case inquired into unless specially ordered to such board shall be subject to the approval of the commanding officer, and do so. in the amount approved by him shall be stopped against the pay of the ART. 103. RECORDOF PROCEEDINGS-HOWAUTHENTICATED.-Each court of in- offenders. And the order of such commanding officer directing stoppages quiry shall keep a record of its proceedirgs, which shall be authenticated by the signature of the president and the recorder thereof, and be forwarded to the herein authorized shall be conclusive on any disbursing officer for the pay- ment by him to tile injured parties of the stoppages so ordered. convening authority. In case the record can not be authenticated by the Where the offenders can not be ascertained, but the organization or detach- recorder, by reason of his death, disability, or absence, it shall be signed by the president and by one other member of the court. ment to which they belong is knoxm, stoppages to the amount of damages inflicted may be made and assessed in such proportion as may be deemed just upon the individual members thereof who are shown to have been present with V. MISCELLANEOUSPROVISIONS. such organization or detachme~ltat the time the damages complained of were Lnflicted as determined by the approved findings of the board. &T. 104. DISCIPLINARYPOWERS OF COMMANDIRG OFFICERS.-U~~~~~SUC~regu- lations as the President may prescribe, the commanding officer of any detach- The words "person or" appeared in the title of the former article, preceding the ment, company, or higher command may, for minor offenses, impose disciplinary word " property." punishments upon persons of his command without the intervention of a court- ART.106. ARRESTOF DESEBTERS BY CIVIL OFFICIALS.-It shall be lawful for any martial, unless the accused demands trial by cocrt-martial. civil officer having authority under the laws of the United States, or of any The disciplinary punishments authorized by this article may include admo- State, Territory, District, or possession of the United States, to arrest offenders, nition, reprimand, withholding of privileges for not exceeding one week, summarily to arrest a deserter from the military service of the United States extra htigue for not exceeding one week, restriction to certain specified limits and deliver him inlo the custody of the military authorities of the Unite'd for not exceeding one week, and hard labor without confinement for not States. exceeding one week, but shall not include forfeiture of pay or confinement ART.107. SOLDIEI~STO MAKE GOOD TIME LOST.-Every soldier who in an existing under guard; except that in time of war or grave public emergency a corn, or subsequent enlistment deserts the service of the United States or without manding officer of the grade of brigadier general or of higher grade may, proper authority absents himself from his organization, station, or duty for under the provisions of this article also impose upon an officer of his corn- more than one day, or who is confined for more than one day under sentence, or mand below the grade of a major a forfeiture of not more than one-half while awaiting trial and disposition of his case, if the trial results in con- of such officer's monthly pay for one month. A person punished under viction, or through the intemperate use of drugs or alcoholic liquor, cr through authority of this article, who deems his punishment unjust or disproportionate disease or injury the result of his own misconduct, renders himself unable for ARTICLES OF WAR. more than one day to perform duty, shall be liable to serve, a'fter'his return to a full-duty status, for such period as shall, with the time he may have served cash, by public or pprivate sale, not earlier than tAirty days after the deatA of prior tomsuchdesertion, unauthorized absence, confinement, or inability to per- the deceased, all effects of deceased ezcept sabers, insiglvia, decorations, medals, form duty, amount to the fill1 tern1 of that part of his enlistment period \vhich zoatches, trinlcets, mawuscripts, a?zd 0th~articles ualuable chiefly a# keep- he is required to serve with his organization before being furloughed to the sakes; and as soon as practicable after converting such effects into cash said Army reserve. summary court shall deposit with the proper officer, to be designated in regula- ART. 108. SOLDIERS-SEPARATIONFROM THE SERVICE.-NO enlisted man, law- tions, any cash be-onging to decedent's estate, and shall transmit a receipt for fully inducted into the military service of the United States, shall be discharged such deposits, any will or other papers of value belonging to the deceased, any from said service without a certificate of discharge, signed by a field officer sabers, insignia, decorations, medals, watches, tl-ilzkets, r!zanusc).ipts, a~zdother of the regiment or.other organization to which the enlisted man belongs or articles valuable cliiefly as keepsakes, toget7~erzoit7~ an inventory of the effects by the commanding officer when no such field ofFicer is present; and no enlisted secured by said scmmaly court, and a full account of its transactions, to the man shall be discharged from said service before his term of service has ex- War Department for transmission to the Auditor for the War Department for pired except byaorder of the President, the Secretary of War, the commanding action as authorized by law in the settlement of accounts of deceased officers oificer of a department, Or by sentence of a general court-martial. and enlisted men of the Army. ART. 109. OATH o~ ENLISTMENT.-At the time of his enlistment every soldier The provisions of this article shall be applicable to inmates of the United shall take the following oath or affirmation: " I, -, do solemnly swear (or States Soldiers' Home n'ho die in any United States milita~yhospital outside affirm) that I will bear true faith *and allegiance to the United States of of the District of Columbia where sent from the home for treatment. America; that I will serve them honestly and faithfuIly against all their ART.113. INQ~STS.-Whenat any post, fort, camp, or other place garrisoned enemies whomsoever; and that I will obey the orders of the President of the by the military forces of the United States and under the exclusive jurisdiction United States and the orders of the o.tEcew appointed over me, according to of the United Stites, any person shall have been found dead under circum- the Rules and Articles of War." This oath or affirmation may be taken before stances wl~ichappear to require investigation, the commanding officer will desig any officer. nate and direct a summary court-martial to investigate the circumstances - &T. 110. CERTAINAGTICLES TO BE READ AND EXPLA~NED.-A~'~~C~~S1, 2, and attending the death; and, for this purpose, such summary court-martial shall 29, 54 to 96, inclusive, and 104 to 109, inclusive, shall be read and explained have power to summon witnesses and examine them upon oath or affirmation. to every soldier at the time of hie enlistment or muster in, or within six days He shall ~rom~tly- transmit to the post oy other commander a report of his thereafter, and shall be read and explained once every six months to the investigation and of his findings as to the cause of the death. soldiers of every garrison, regiment, or company in the service of the United h~.114. AUTHOEITYTO ADMIK~STES oa~tis.--ihy judge advocate or acting States. judge advocate, the president of a general or special court-martial, any sum- ART. 111. COPY OF RECOED OF TRIAL-EV~P~ person tried by a general court- mary court-martial, the trial judge advocate or ally assistant trial judge advo- martial shall,,on demand therefor, made by himself or by any person in his cate of a general or special court-martial, the president or the recorder of a behalf, be entitled to a copy of the record of the trial. court of inquiry 01- of a military board, any officer designated to take a deposi- ART. 112. EFFECTS OF DECEASED PERSONS-DISPOSITION0F.--h case of the tion, any officer detailed to conduct an investigation, and the adjutant of any death of any person subject to military law the commanding officer of the command shall have power to administer oaths for the purposes of the adminis- place of command will permit the legal representative or widow of the de- tration of military justice and for other purposes of military ailministration; ceased, if present, to take possession of all his effects then in camp or quarters ; and in foreign places where the Army may be serving shall have the general and if no legal representative or widow be present, the commanding officer powers of a notary public or of a consul of the United States in the administra- shall direct a summary court to secure all such effects, and said summary tion of oaths, the execution and acknowledgment of legal instruments, the attes- court shall have authority to collect and receive any debts due decedent's tation of documents, and all other forms of notarial acts to be executed by estate by local debtors and to pay the undispnted local creditors of decedent persons subject to military law. in so far as any money belonging to the deceased which may come into ART. 115. AP~OINTJ~E~VTOF REPORTERS AND INTERPRETERS.-Under SUC~Ternla- said summary court's possession under this article will permit, taking re- tions as the Secretary of War may from time to time prescribe, the president ceipts theyefor for file with said court's final report upon its transactions of a court-martial or military commissicn or a court of inquiry shall have power to the War Department; and as soon as practicable after the collection of to appoint a reporter, who shall record the proceedings of and testimony taken such effects said s2i9n~inarycourt s7iall transmit such effects an& ary money before such court or commission and may set down the same, in the first instance, qllected, through the Quarter~nasfer Departmel~t, at Go?jsr~~mntexpense, in shorthand. Under like regulations the president of a court-martial or mili- to the widow or legal representative of the deceased, if such be found bu mid tmv"--" commission. or court of inquiry, or a summary court, may appoint an inter- court, or to the son, daughter, father, provided t71e father Aas not abaqzdoned preter, who shall interpret for the court or cOInmiS~i0n. the support of his 'family, motller, brother, sister, or the next of kin in the ART. 116. POWERSOF ASSISTANT TRIAL JUDGE ADVOCATE AND OF ASSISTANT order named, if such be found by said court, or the bazeficiccry named in the DEFENSE COUNSEL.-An assistant trial judge advocate of a general court-mar- will of the deceased, if such be found by said court, and said court shall thera tial shxll be competent to perform any duty devolved by law, regulation, or upon make to the War Departmmt a ful2 report of its transactions; but if the custom of the service upon the trial judge advocate of the court. An tame be none of the persons hereinabove named, or such, persons or their ad- assistant defense counsel shall be competent likewise to perform any duty dresses are not knozvn to'or readily ascertaimbb by said court, and the said devolved by law, regulation, or the custom of the service upon counsel for court shall so find, said szcnzllzary court shaB have authority to convert into the accused. 31 30 ARTICLES OF WAR. ARTICLES OF WAR. ART. 117. REMOVBLOF CIVIL SUITS.-When any civil or criminal prosecution to the Department of War a true statement of such complaint, with the pro- is commenced in any court of a State against any officer, soldier, or other person ceedings had thereon. in the military service of the United States on account of any act done under Sec. 2. That the provisions of Chapter I1 of this Act shall take effect color of his ofice or status, or in respect to which he claims any right, title, or and be in force eight months after the approval of this Act: Provided, authority nnder any law of the United States respecting the military forces That articles 2, 23, and 45 shall take effect immediately. thereof, or under the law of wal; such suit or prosecution may at any time Sec. 3. That all offenses committed and all penalties, forfeitures, fines, before the trial or final hearing thereof be removed for trial into the district or liabilities incurred prior to the taking effect of Chapter I1 of this Act, court of the United States in the district where the same is pending in the under any law embraced in or modified, changed, or repealed by Chapter manner prescribed in section 83 of the Act entitled "An Act to codify, revise, I1 of this Act, may be prosecuted, punished, and enforced in the same and amend the laws relating to the judiciary," approved March 3, 1911, and manner and with the same effect as if this Act had not been passed. the cause shall thereupon be entered on the docket of said district court and Sec. 4. That section 1342 of the Revised Statutes of the United States shall proceed therein as if the cause had been originally commenced in said be, and the same is hereby, repealed, and all laws and parts of laws in so district court and the same proceedings had been taken in such suit or yrosecu- far as they are inconsistent with this Act are hereby repealed. tion in said district court as shall have ,been had therein in said State court R. S. 1342 contained the iormer Articles of War. prior to its removal, and said district court shall have full power to hezr and determine said cause. ART. 118. OFFICERS,SEPARATION FROM SERVICE.-NO officer shall be discharged or dismissed from the service except by order of the President or by sentence of a general court-martial; and in time of peace no officer shall be dismissed except in pursuance of the sentence of a general court-martial or in mitign- tion thereof; but the President may at any time drop from the rolls of the Army any officer who has been absent from duty three months without leave or who has been absent in confinement in a prison or penitentiary for three months after final conviction by a court of competent jurisdiction. ART. 119. RANK AND PRECEDENCE AMONG REGULARS,MILITIA, AND VOLTIN- TEERS.--T~~~in time of war or public danger, when two or more officers of the same grade are on duty in the same field, department, or command, or of organizations thereof, the President may assign the command of the forces of such field, department, or command, or of any organization thereof, without regard to seniority of rank in the same grade. Same as first sentence of art. 119, Code of 1916. The omitted portion read as follows : "In the absence of such assignment by the President, officers of the same grade shall rank and have precedence in the following order, without regard to date of rank or com- mission as between officers of different classes, namely: First, officers of the Regular Army and officers of the Marim Corps detached for service with the Army by order of the President; second, officers of forces drafted or called into service of the United States; and, third, officers of the volunteer forces: Provided, That officers of the Regular Army holding commissions in forces drafted or called into the service of the United States or in the volunteer forces shall rank and have precedence under said commissions as if thay were commissions in the Regular Army ; ihe-rank of officers of the Regular Asmy under commissions in the Natio~alGuard as sueh shall not, for the pur- poses of this article, be held to antedate thc acceptance of such officers into the service of the United States under said commissions." ART. 120. COMMANDJBHEN DIFFEREXT COWS OR CONMANDS HAPPEN TO JOIN.- When different corps or commands of the military forces of the United States happen to join or do duty together, the officer highest in rank of the line of the Regular Army, Marine Corps, forces drafted or called into the service of the United States, or Volunteers, there on duty, shall, subject to the provisions of the last preceding article, command the whole and give orders for what is needful in the service, unless otherwise directed by the President. AXT. 121. COMPLAINTSOF WRONGS.--~~officer or soldier who believes him- self wronged by his commanding officer, and, upon due application to such commander, is refused redress, may complain to the general commanding in the locality where the officer against whom the complaint is made is stationed. The general shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, transmit INDEX. Art. Abandoned property, dealing in 80 Abandonment, of command to enemy 75 Absence without leave : Officer dropped from rolls for ...... - 11s Punishment for ------.------61 Time lost to be made 107 Abuse of persons bringing in provisions ------.--- ..-...... 88 Accouterments, wasting, injuring, or losing 84 Accused : Appeal to superior authority by ...... 104 Copy of charges furnished to --- 70 Counsel for ------17 Rcfusal or failure to plead 21 Right to copy of record of trial ...... 111 Right to cross-examine witnesses ...... aa Right to trial by court-martial 104 Rights prejudiced by irregularities 37 Acquittal : Anuouncement by court------29 Reconsideration of------40 Acting judge advocates : Oaths administered by 114 Power to act as notary public in foreign p1::ccs 114 Adjutants : Oaths adn~iuisteredby------_------114 Powers of notary public in foreign places ...... 114 Ammunition : Casting away ------Wasting or unlawfully disposing of -_---_------_------Appeal from disciplinary punishment ...... Appointing authority. See Convening authority. Approval : Powers incident to power of ------_------Sentences, by convening authority------Sentences,in whole or part------Arms : Casting away ------Wasting or unlawfully disposing of ------_------Army field clerks : Not triable by summary courts-martial Power to stop quarrels, frays, disorclers Subject to military law Army Nurse Corps : Members not triable by smnmary courts-marli?.l------Power to stop quarrels, frays, disorders------Subject to military law------Army of the United States, Articles of War govern ------Arrest : Breaking, punishment for------Deserters, by civil officials ...... Disobedience of order of------Duration of------ INDEX. INDEX. Art. Dismissal-Continued. Field clerks--C'ontinued. Qunrtcrmaster- Officers-Continued. 14 How effected------Not triable by summary ~ourts-~~rtial...... Mak'ng false muster ...... Power to stop quarrels, frays, disorders ------63-- Making unlawful enlistment Personal interest in sale of provisions------Refusal to deliver offenders to civil authorities...... Refusal to have reparation of wrongs made------, ------Method of voting on------91 Suspension of sentence...... Reconsideration of------40 Disobedience, command of superior officer, punishment for------: ------Flogging prohibited ...... 41 Disorders : Prejudicial to good order and military discipline ------Who may stop------Disrespect : Fraud : Toward President or other officials ...... Accessory penalty------44 Toward superior officer------Against Government, or officers thereof ...... 94 Double jeopardy, limitation as to number of trials------,------Fraudulent enlistment, by misrepresentation or concealment of qualifications----- 54 Drafted men, subject to military law...... i Frays, who may quell------68 Drunkenness : Officer drunk on duty------. Sentinel drunk on Dueling, fighting or promoting ...... Duty, officer found drunk on ------,------ Effects of deceased persons, disposition of ------Embezzlement : Military property------Punishment for------Enemy, relieving, corresponding with cr aiding------Enlisted men : Misrepresentation or concealment of qunlilications ...... Reenlistment before regularly discharged...... Oath of------L------Time lost to be made good------I------Unlawful, making of punishable ------ Equipment, wasting or unlawfully disposing of ------d------Escape : From confinement, punishment------Suffering prisoner to escape------s. Evidence : Judge Advocate : OatSs administered by------Power to act as notary public in foreign places ------Staff, charges referred to, before trial ------Staff, restrictions on officer who may act as Judge Advocate General : Eoard of review constituted by------Branch off~ccsestablished by ------Judge Ad~ocateGencml's Department : Board of review in---.------False muster, punishment for------Officer detailed to general courts-martinl------False returns, punishment for ------_------Judge Advocates. See Acting Judge Advocates, Assistant Judge Advocates, Trial False writings, in connection with claims ...... Judge Advocates. Felony, assault with intent to commit L. Field clerks : Army- Not triable by summary courts-martial ...... Power to stop quarrels, frays; disorders...... Subject to military law------INDEX. INDEX. Art. Officers : 6s Arrest of, who may order...... - 64 Assaulting or willfully disobeying superior ...... 95 Conduct la 62 63 . 85 M. 4Sa Manslaughter, punishment for...... 93 16 Marine Corps : 2c 118 Enlisted men, subject to military law whcn detached ...... 2c 221 Officers, subject to military law when detached ...... 2c Mayhem, punishment for------93 16 Vilitary -commissions: 102 Court of inquiry records admissible before------27 Jurisdiction, concurrent with conrts-martial---- ...... 18 Eilitary instruction, persons in twining subject to military law------2a Military law. See Articles of War. Military property : Contempts punished by------32 Jurisdiction concurrent with courts-martial------15 Militia, rank aud precedence among regolnrs, volunteers and ------_----- 119 Misappropriation of military property ...... 94 Misbehavior~. : Before the enemy, inducing ...... 75 Before the enemy, punishment------75 Sentinel 86 Misrepresentation, fraudulent enlistment ...... :- 54 Mitigation of sentences...... 1 50 Moncy, taking of, on muster------+ -- 56 Murder : Punishment for------92 Trial by conrts-marticl------L------92 Muster, false------,------56 Muster in : Failure to suppress, punishment------67 Punishment for------42,66 Navy, articles of wax not applicable to; exception ...... 2 Neglect of duty, prejudicial to good order and discipline ...... 96 Noncommissioned office15 : 0. Oaths : Administration of, in courts-martial------: Authority to .administer------False, in connection with claims------Members and recorders of courts of inquiry ------Of Offenders, delivery of, to civil authorities...... Offenses : INDEX. -- .. Sedition : Failure to suppress, punishment------punishment self-incrimination, compulsory, prohibited...... ------ R. Rank, precedence among regulars, militia, and volunteers------Rave : 119 Punishment for ...... ------92 Trial by courts-martial------92 Receipt : Delivery of less than amount specified ------Making or delivering, with fraudulent intent...... g4 Reconsideration of courts-martial records ...... 94 Records : 40 Courts-martial, reconsideration ------Sentinel : Courts of inquiry ------40 Drunk on ~~~t------General courts-martial, keeping and authentication of ...... 103 Sleepi~gon post------33 General courts-martial, disposition of ...... Separation from service. See Discharge ; Uismissal. General courts-martial, examination of------1 ------35 Sessions, closed------r------Of trial, copy of, for accused------50& signatures, forging, in connection with claims------111 ------Special courts-martial, keeping and authentication of ...... Sleeping on post, by sentinel...... Special courts-martial, disposition of------3634 ----Snrlomv. -" -~unlkjhment for------Summary courts-martial, keeping and authentication of ...... 34 Soldiers. See Enlisted men. Summary courts-martial, disposition of------36 Soldiers9 Home, Regular Army, Washington, D. C., inmates subject to military law- Recorder : Specifications, who may sign------spceclles, reproachful or provoking ------...... Spies : Lurking about fortifications------punishment for------Squadron included in '' battalion "------Statute of limitations------Stoppage of pay. . Bee Pay. superior officer : Assaulting, punishment for------Disrespect toward, punishlnent for------...... Willfully disobeying, punishment for------me------L;urrPuder, subordinates compelling commander to ------ s. Safeguard, 78 Safety of command, endangcnng 75 Sales : 11 Judge Advocates-Coniinued. Oaths administered 11-----,-- Powers of notary public in Sort Withdraws1 at closed sessio-n-- . , Unfted States --Disciplinary-Barracks ': -' . .,. . . . ' Confinement in-~------::----~i--:--:---~-~-~--~--i-I----~-l-----~--. . ... 42 ... lxecution o* sentence .when confined in ------,------... 53 Power to mitigate or remit sentence doeenot extend to------:---ii---,---- - 50 aemission of-sentence'when confined 'in:-:: ------,I-i-7Li-:-i----T-i---- . 53 United Statqs 'lil'tary- Academy : ...... / '.'Y'. .. ~ : - Cadets Dreakia g arrest or escaping confinement--;--~i__---;------~-,l-~~-- 69 . , Cadets' dismissal or smpensibn------:--:--L: ----L--LiI - 48c , , ' pc;ets not-triable by summary courts-maitial------1--r-,- L---1- 14 . . .4 ;Cadets subject to .mllitrry law---- +-LL ------. ~ - --- ' 2b Dismissal .of cadets-;--: ------I------69 -'- General courts-martial. ap@inted{bg Superintenderit--~-----~i-~--'ii~-i--,- 8,lZ Verdict : . : Announcement by court--; ------'----_- ----:. . - 29 ...... I _ , Volunteers : ...... Rank and precedence among I-egulars, militia, md-l---i-i -----L-=-- 119 . . Subject to military law------i ------.--i------.- . - .. : . . ;2a voting : . ... - ...... , ' Method of ------:...... , . .3i On convictions and sentences i---:--:--:1-- 45 ------. --