BULLETIN No. 9 NOVEMBER, 1951 The Judge Advocate

Published By JUDGE ADVOCATES ASSOCIATION An affiliated organization of the American Bar Association. composed of lawyers of all components of the Army, Navy, and Air Force

312 DENRIKE BUILDING WASHINGTON 5. D. C. JUDGE ADVOCATES ASSOCIATION Officers for 1951-1952 JOHN RITCHIE, III, Va...... President OLIVER BENNETT, Iowa ...... !st Vice President BERT E. TOHNSON, Okla...... 2nd Vice President THOMAS H. KING, D. C ...... Secretary EDWARD B. BEALE, Md ...... Treasurer ERNEST M. BRANNON, D. C .. . Delegate to A. B. A. DIRECTORS Joseph A. Avery, Va.; George Bains, Ala.; Cable G. Ball, Ind.; Ralph G. Boyd, Mass.; Howard A. Brundage, Ill.; Robert G. Burke, N. Y.; Reginald Field, Va.; Edward F. Gallagher, D. C.; Cle! Georgetta, Nev.; Edward F. Huber, N. Y.; Arthur Levitt, N. Y.; C. B. Mickelwait, Calif.; Joseph F. O'Con­ nel. Mass.; Franklin P. Shaw, Ky.; Frederick B. Wiener, D. C.; S. B. D. Wood, Hawaii; Edward H. Young, D. C.; Louis F. Alyea, Ill.; Paul W. Brosman, La.; Reginald C. Harmon, Ill. Alexander Pirnie, George Hofer, Wm. J. Hughes. Jr., ...... • Past Presidents Executive Secretary and Editor RICHARD H. LoVE Washington, D. C.

Bulletin No. 9 November, 1951

Publication Notice The views expressed in articles printed herein are not to be regarded as those of the Judge Advocates Association or its officers and directors or of the editor unless expressly so stated.

TABLE OF CONTENTS PAGE Canadian Military Law ...... ___ __ 1 The Annual Meeting. _~--- __ ...... 13 Remarks of TJAG of the Army at the Annual Meeting...... 16 The Air JAG Speaks at the Annual Meeting...... 18 Comments of Navy JAG at the Annual Meeting...... 21 "Magna Carta" for Reservists ...... 27 Recent Decisions of the U. S. Court of Military Appeals . 31 Book Review: MO-JAGA ...... ___ ...... 36 Army JAG Offers Reserve Commissions ...... 37 What the Members Are Doing ...... 38 The President Appoints State Chairmen for 1951-52 ...... 41 Committee Chairmen Appointed by President ...... 42 Supplement to Directory of Members ...... 43

Published by the Judge Advocates Association, an affiliated organization of the American Bar Association, composed of lawyers of all components of the Army. Navy, and Air Force. 312 Denrike Building, Washington 5, D. C. - STerllng 4848 · Canadian Military Law By Brigadier W. J. LAWSON, Judge Advocate General of the Canadian Forces (Reprinted from the Canadian Bar the special code of law that is called Review, Vol. XXIX, March 1951, No. military law. 3, with permission of the Canadian Bar Review and the author.) In order to have discipline and Military law and its administra­ organization in an armed service, it tion in the armed forces of the is essential that there be a special United Kingdom, the United States code of law prescribing that certain and Canada has, since the conclusion acts or neglects that are not offences of the Second World War, been the under the ordinary law shall be subject of considerable inquiry. In offences under the special code and both the United Kingdom and the treating acts that may be minor United States commissions have been offences under ordinary law as major set up to investigate the subject and offences. Many examples of offences they have made comprehensive re­ of this nature can be found in Cana­ ports. Although no formal inquiry has dian military law. One of the most taken place in Canada, the matter jealously guarded rights of the ordi­ has been under careful study by the nary citizen is the right to refuse to Government and in the Department work, that is, to strike in a peaceful of National Defence. As the result manner, but a strike under military of these inquiries, there has been or law is mutiny, the punishment for will be enacted in all three countries which, in certain circumstances, is legislation materially changing the death. Again, a fundamental right administration of military law. enjoyed by every Canadian citizen The new Canadian legislation is is the right to leave his employment The National Defence Act, which was at any time, subject only to a civil enacted during the first session of liability for breach of contract, but Parliament in 1950. The purpose of for a soldier to leave his employment this article is to examine briefly the with no intention of returning to it history of military law and its place is desertion, which, in certain circum­ in the general law and te examine stances, may be punished by impri­ the National Defence Act in relation sonment for life. Mutiny and deser­ to them. tion are examples of new offences Canadian Military Law is that part created by military law. An example of the law of Canada that applies of an offence regarded by the civil to persons serving in or with the law as minor and by military law Royal Canadian Navy, the Canadian as serious is the act of striking a Army and the Royal Canadian Air person. For one man to strike another Force. The ordinary law that applies a blow causing no actual bodily harm to all citizens applies to the members is in civil law a common assault, but of the forces also, but by joining the for a soldier to strike his superior forces they subject themselves to or for an officer to strike a soldier additional legal liabilities and disabi­ is, under military law, a serious of­ lities and acquire certain additional fence involving a heavy punishment. rights. These additional liabilities and History of Military Law additional rights are prescribed in Military law, as we know it today, 2 The JUDGE ADVOCATE JOURNAL did not exist as a permanent part of of his crusaders was guilty of this the law of England until 1689. Be­ crime, his head was to be shaven and fore that date, military law was not over it was to be poured a pot of boil­ enforceable in Britain in time of ing pitch. He was then to be put peace. It was, however, a part of the ashore at the next port, where his royal prerogative to issue what were decorations would be self-explanatory called "Articles of War for the gov­ and would enable him and his crime ernment of His Majesty's forces", but to be known to all men. this prerogative could only be exer­ In 1689 the first Mutiny Act was cised in time of war or in respect of passed. It is only from that date that troops serving out of the country. It there existed a permanent code of was, therefore, impossible for the military law making it possible for King to maintain a standing army the King to maintain a standing army in England in time of peace. As soon in England in time of peace. In addi­ as the war came to an end or the tion to the Mutiny Act the King could troops returned to England, the po­ still exercise his prerogative to issue wer to discipline the army disappea­ Articles of War. This dual system of red. If a man deserted, he could not military law persisted until 1803, be punished for his desertion; if he when the royal prerogative was struck a superior officer, he had to be merged into an act of Parliament brought before a civil court on a known as the Army Act and a system charge of common assult.Under these was developed that persists to this conditions, it was impossible to keep day, that is, an act of Parliament the army together. It is of interest governing each of the services and to note that one of the causes that establishing a code of military law led to the revolution under Cromwell applicable both in peace and war. was the attempt by Charles I to ex­ A code of law is ineffective unless tend the royal prerogative to the there are courts charged with the issuance of such Articles of War in duty of enforcing it. It has therefore England in time of peace. been necessary from the earliest times Some of the old Articles of War are to have military courts to. enforce extremely interesting and many of military law. Such a court was first the present provisions of the Army set up at the time of William the Act of the United Kingdom and of Conqueror. It was known as the the new Canadian National Defence Court of Chivalry. In addition to Act are forecast in them. The earliest administering military law, it had Articles of which we have any record jurisdiction over matters of honour, are those issued by Richard I to his armourial bearings and other matters Crusaders. Most of the offences dealt of that nature. Its members were the with in Richard's Articles are pre­ two highest military officials in the scribed as offences in the National land, the Lord High Constable and Defence Act, but the punishments for the Earl Marshal. The Lord High them are no longer barbarous. For Constable was the Chief· General of instance, Richard dealt with the seri­ the King, equivalent to the Chief of ous military offence of stealing from Staff of a modern service, and the a comrade by providing that if one Earl Marshal was the fore-runner of The JUDGE ADVOCATE JOURNAL 3 the present Adjutant-General. The cil of war to inflict punishment "ac­ court came to be known as the Court cording to the Civil Laws, Law Mar­ of the Constable and Marshal and it is tial and Customs of the Sea". In 1653, from the Marshal that courts martial provision was made for councils of derive their name. The Court of Chiv­ war of captains or other officers alry existed until 1521 when the attended by a judge advocate to try office of Lord High Constable was members of the navy ·and army discontinued, its encumbent, the Duke at sea who had offended against the of Buckingham, having been beheaded Articles of War. In 1661 Articles of by Henry VIII. Subsequently, mili­ War were passed by Parliament tary law was administered by what laying down a code of laws for the might be called a permanent court enforcement of discipline in the navy. martial appointed by the King to This Act, for the first time, referred accompany the army and to adminis­ to a naval court as a court martial. ter law each time Articles of War The naval code, which had been were issued. From this basis our amended on several occasions since present system of courts martial in 1661, was consolidated in 1749. In the army and air force has been 1880 an act, which may be considered developed. as the first edition of the present Na­ Naval law goes back to the time .val Discipline Act, was passed. This of Richard I, who laid down a code legislation retained the principal fea­ of law to govern a fleet raised by tures of the 1749 Act, but modified him for a crusade. There was in early the severity of some of the punish­ ments to conform with the civil law. times no fi~ed code of naval law. For each expedition the Lord High Admi­ When the Royal Air Force was ral or the Commander-in-Chief issued formed at the conclusion of the First regulations for the punishment of World War, the Air Force Act was offences and the maintenance of dis­ passed by the British Parliament. It .cipline. These were characterized by is in practically the same terms as the considerable summary powers of the Army Act and applies to the commanding officers and the severity Royal Air Force the same code of of the punishments prescribed. No service law as applies to the army. formal provision seems to have been Throughout their history, the peo­ made for courts martial, but councils ple of England have taken great of war appear to have been contem­ care to ensure that the armed services plated to advise the commander in should never take control of the civil connection with serious offences and government, as has happened so often it is probably out of these bodies in other countries. Such care was that naval courts martial grew. The not considered necessary in the case Royal Navy, as a regular force, dates of the navy since it was out of Eng­ from the time of Henry VII, but it land. The Naval Discipline Act is, was not until the Long Parliament therefore, a permanent statute, but that an attempt was made to codify Army and Air Force Acts are only the naval disciplinary system. In 1648 in force for one year, and if they ordinances were enacted authorizing were not renewed annually by Par­ the Lord High Admiral and his coun­ liament, the whole system of military 6 The JUDGE ADVOCATE JOURNAL The purpose of the legislation is dertaken by a group of service legal far more than simply to consolidate officers under the supervision of the existing defence measures. The pur­ poses are: then Judge Advocate General, Briga­ (1) to include in one statute all dier R. J. Orde. This group was as­ legislation relating to the Depart­ sisted by a senior officer of each of the ment of National Defence and the services· who was in a position to Canadian forces; advise authoritatively on the various (2) to have a single code of ser­ vice discipline so that sailors, soldiers service considerations that arose and airmen will be subject to the during the preparation of the Bill. same law; Meetings were held almost daily be­ (3) to make all legislation ap­ tween the service advisers and the plicable to service personnel Cana­ dian legislation; draftsmen over a period of many (4) to obtain uniformity in the months. Every section of the new Bill administration of service justice; was thoroughly discussed and, in (5) to provide a right of appeal many instances, drafted and re­ from the findings and sentences of drafted at these meetings. When the courts martial ; (6) to abolish field general courts first draft was completed, the whole martial; Bill was gone over by the draftsmen (7) to provide for a new trial with senior counsel of the Depart­ on the discovery of new evidence; ment of Justice and further changes (8) to provide in the administra­ tion of the department more efficient made. All provisions having financial and expeditious means for the tran­ implications were examined by the saction of routine business; Department of Finance. The Minister, (9) to establish the position and who is a lawyer with considerable functions of the chiefs of staff; experience in and a great knowledge (10) to abolish, as obsolete, pro­ visions for levee en masse and en­ of military law, carefully studied rolment by ballot; and every section and made many valu­ (11) to authorize the employment able suggestions, as did also Col­ of the regular forces to meet a nat­ onel Hugues Lapointe, the present ional disaster, such as a major flood, and to permit the use of reserve Parliamentary Assistant to the Min­ forces for these purposes. Minister of Veterans' Affairs, then The National Defence Act repre­ ister of National Defence, and Mr. sents some three years of study by C. M. Drury, the Deputy Minister. officers of the Department and of the The Bill, having been drafted into services. In drafting the new Act, final form, was introduced in the advantage was taken of the investi­ Senate by the Minister on November gations into service law that were 8th, 1949. This incident is of interest conducted in the United Kingdom and in that it was only the second occasion United States, and many of the re­ on which a · Minister of the Crown commendations made by the investi­ who was not a member of the Senate . gators there were embodied in the appeared on the floor of the Senate Act. to introduce a government bill. The The drafting of an entirely new Bill was referred by the Senate to a and comprehensive bill such as the standing committee of experienced National Defence Act was an intri­ Senators. This committee examined cate and formidable task. It was un­ the Bill clause by clause and made The JUDGE ADVOCATE JOURNAL 7 many useful suggestions for its im­ could be brought into effect, the new provement. King's Regulations required to imple­ The Bill was passed by the Senate, ment it had to be written. These could but it was not possible to get it be­ not be prepared before the Act was fore the House at the 1949 session. passed because they were dependent It lapsed and had to be reintroduced upon the provisions of the Act. The at the first session of 1950. At that Regulations have now been completed and it is expected that they will short­ session it was introduced in the House ly be approved and issued to the of Commons and a Special Committee on National Defen.ce, under the chair­ forces. When this is done, the re­ mainder of the National Defence Act manship of Mr. R. 0. Campney, now will be proclaimed and the three Parliamentary Assistant to the Min­ Canadian forces will be wholly ad­ ister of National Defence, was set up ministered under this new Canadian to examine the Bill. This Committee statute and the new regulations. was composed largely of members who had seen military service. It sat The National Defence Act almost daily for several weeks and The National Defence Act is an at­ examined the Bill clause by clause. tempt to amalgamate in one statute Many valuable amendments were sug­ all legislation relating to the Cana­ gested by the Committee and incor­ dian Forces and to unify in so far as porated in the Bill. The Committee is possible, having regard to differ­ reported favourably on the Bill and ing conditions of service, the funda­ it was passed by the House of Com­ mental organization, discipline and mons and the Senate, and on June administration of the three armed 30th, 1950, received Royal Assent. services. The Act is divided into Royal Assent did not bring the whole three divisions, thirteen parts and of the National Defence Act into ef­ 251 sections. The first division deals fect, however, since section 251 of the with · organization for defence, the Act provides that apart from the five second contains the Code of Service sections mentioned in it, the Act Discipline and the third the general should only come into force on the rules respecting defence. day or days to be fixed by proclama­ Part I deals with the Department tion of the Governor in Council. Sec­ of National Defence and replaces the tions 1, 211, 248, 249 and 250 came Department of National Defence Act. into force on the passing of the Act; In it provision is made for the organi­ sections 2 to 14 inclusive, 53, 54, 55, zation of the Department, the ap­ 190, 195, 205 to 210 inclusive, 212, pointment and powers of the Min­ 213, 214, 228, 229, 230, 238, 244, 246 ister, the deputy ministers and other and 247, on August 1st, 1950; sections civilian employees, and the appoint­ 15 to 37 inclusive, 47 and 48, on Au­ ment of a judge advocate general. gust 7th, 1950; and sections 38, 42, 46, Probably the most interesting feature 50, 51, 52, 57, 61, 62, 126, 150, 154, of this Part is the provision for ad­ 155, 156, 159, 161, 163, 166, 167, 182, ditional ministers and deputy minis­ 183, 199, 200, 215, 216, 231, to 237 and ters in time of war or national emer­ 236 to 243 inclusive, and 245, on Feb­ gency. Two possipilities are contem­ ruary 1st, 1951. Before all the Act plated. One is the appointment of ad­ 8 The JUDGE ADVOCATE JOURNAL ditional Ministers of National De­ ment and powers of the chiefs of fence, all of whom would have equal staff and a chairman of the chiefs status and among whom would be of staff committee. The Chairman of divided the powers vested in the Min­ the Chiefs of Staff Committee and ister by the Act, probably on a ser­ the three chiefs of staff are the prin­ vice basis. This was the scheme adop­ cipal advisers to the Minister. The ted during the Second .World War. chairman is responsible for the co­ The second possibility is the appoint­ ordination of the training and opera­ ment of associate ministers who tions of the Canadian Forces. The would be ministers of the Crown but chiefs of staff are charged with the subordinate to the Minister of Nat­ control and administration of their ional Defence. This is the system now respective services and are the me­ in use in both the United Kingdom dium through which the orders and and the United States, in each of instructions required to give effect which there is a minister of defence to the decisions and directions of the with three subordinate ministers or government and of the Minister are secretaries, one in charge of each of issued to the forces. Provision is the three services. By section 13, the also made in this Part for the en­ Governor in Council and the Minister listment, promotion and release of are given very wide powers to make personnel by the services and for the regulations for the organization, redress of grievances. The types of training, discipline, efficiency, admin­ service which the forces may be called istration and good government of the upon to perform are also dealt with. forces, 11.nd generally for carrying the The first of these is active service. purposes and ·provisions of the Act All members of the forces are liable into effect. to be called out on active service by Part II of the Act deals with the the Governor in Council in the event constitution of the Canadian Forces. of war, invasion, riot or insurrection, The Canadian Forces are defined as real or apprehended, or in conse­ the naval, army and air forces of His quence of any action taken by Canada Majesty raised by Canada. They con­ under the United Nations Charter, sist of three services, the Royal Ca­ the North Atlantic Treaty or any nadian Navy, the Canadian Army and other similar instrument for collect­ the Royal Canadian Air Force. Each ive defence. If any part of the forces service is divided into two compo­ is placed on active service, Parlia­ nents, the regular or full-time service ment, if not in session, must be sum­ component, and the reserve or part­ moned to meet within ten days. The time service component. Provision is regular forces have been placed on also made for the constitution in an active service under this section and emergency of an active service compo­ in September last Parliament was nent in which the regular and reserve called into special session to approve components, together with persons en­ this and other action taken by the listed from civil life, could be placed. government to deal with the then The numbers in each component are existing military situation. In add­ controlled by the Governor in Council. tion to their liability to be placed on Section 19 prQvides for the appoint­ active service, the regular forces are The JUDG_E ADVOCATE JOURNAL 9 at all times liable to perform any however, permitting the Governor in lawful duty and the reserve forces Council to limit the application of the may be ordered to drill or train pe­ Code to women. From the standpoint riodically and may be called out on of constitutional practice, section 62 full-time service to perform any na­ is extremely interesting. In it is set val, army or air force duty. A third out the well established principle of type of service is also contemplated by the supremacy of the civil over mili­ the Act. This is service in a national tary courts. It provides that nothing disaster. In such an event the regular in the Code of Service Discipline forces may be used at once and the shall affect the jurisdiction of any reserve forces may be used if auth­ civil court to try persons for any orized by the Governor in Council. offence triable by that court, not­ Part III of the Act deals with the withstanding that such persons may constitution and organization of the have already been tried by a military Defence Research Board. The Board court for the same offence. is composed of a chairman, vice­ Part V of the Act sets out the ser­ chairman and representatives of the vice offences and the punishments for services, the Department, universi­ them. The offences prescribed in this ties, industries and other research Part do not differ materially from interests appointed by the Governor the offences prescribed in the Naval in Council. The Chairman of the Service Act, the Army Act and the Board is its chief executive officer Air Force Act. The wording has been and has a status equivalent to that modernized and complete uniformity of a chief of staff. achieved among the three services. Part IV of the Act deals with the By section 119 all civil criminal of­ disciplinary jurisdiction of the serv­ fences are made service offences and ices. The first section, 56, sets out the may be tried by service courts, but persons who are subject to the Code this does not affect the supremacy of ·Service Discipline. They include of the civil courts in any way. Punish­ all officers and men, persons attached ments prescribed for all offences have to the forces, persons accompanying been brought in line, so far as prac­ the forees, spies, as well as· service ticable, with punishments prescribed convicts and service prisoners not­ by the Criminal Code for similar of­ withstanding that they may have fences. The distinction between been released from the service. From punishments which may be awarded the civilian standpoint, the most in­ to officers and to men for various teresting of these categories is "per­ offences has been largely eliminated. sons accompanying the forces." This Section 125 specifically provides category incudes war correspondents that all defences available before and other persons who in fact live a civil court shall be available to an with the forces. Since, under the In­ accused before a military court. terpretation Act, any expression in­ Part VI of the Act deals with ar­ cluding the male also includes the rest and custody. Provision is made female, women in the forces are sub­ in the Part for the issue of warrants ject in all respects to the Code of and for the appointment of service Service Discipline. Provision is made, police. Under section 132 a person 10 The JUDGE ADVOCATE JOURNAL who is held in custody for twenty­ nounced at the conclusion of the trial eight days without a summary trial and the sentence commences to run having been held or a court martial immediately. They are still subject, having been ordered to assemble is however, to review by superior auth­ entitled to petition the Minister to orities in the service. An interesting be freed from custody and in any new departure is made in section 163, event must be freed after a period which provides that a court martial of ninety days. It is hoped that this may, at the request of the offender will eliminate the delays in trials and in its discretion, take into con­ that have caused some criticism of sideration, for the purpose of sen­ the administration of service justice tence, other service offences similar in the past. in character to the one the offender Part VII of the Act deals with ser­ has been found guilty of, which are vice tribunals. Under it three classes admitted by him, and impose punish­ of tribunals are set up, general courts ment in respect of those offences. If martial, disciplinary courts martial this is done, the offender is not liable (which replace the old district courts to be tried again for the similar of­ martial in the Army and Air Force fences he has admitted. and the disciplinary courts in the Part VIII contains a number of Navy) and commanding officers and provisions applicable to findings and superior commanders with power to sentences after trial. Provision is try accused persons summarily. Gen­ made here for quashing of findings eral courts martial have power to and mitigation, commutation and r!l'­ try any person subject to the Code mission of punishments by senior of Service Discipline for any service authorities. offence and to impose any punish­ Part IX is one of the most inter­ ment prescribed by the Act. Disciplin­ esting parts of the Act. It provides ary courts martial are limited by the for a right of appeal to a civilian Act in the punishments they can court known as the Court Martial award and may be limited by regula­ Appeal Board. This Board has re­ tions as to the persons they may try cently been established under the and the offences with which they may chairmanship of the Honourable Mr. deal. Commanding officers have power Justice Cameron of the Exchequer to try men serving under their com­ Court of Canada. The other members mand and to award minor punish­ of the Board are Mr. D. K. Mac­ ments, and superior commanders Tavish, Mr. B. M. Alexandor, Mr. have power to try junior officers and Louis Audette and Mr. Leonce Plante. warrant officers summarily and to Any person convicted by a court mar­ award minor punishments. Provision tial has a right to appeal to the is made for the appointment of judge Board on any question relating to advocates and for their powers, duties the legality of all or any of the and functions. An interesting feature findings of the court or the legality of the new Act is that findings and of the whole or any part of the sen­ sentences of courts martial are no tence. Counsel may appear before longer subject to confirmation. Find­ the Board to argue the appeal in the ings and sentences are now to be pro- same manner as before any other The JUDGE ADVOCATE JOURNAL 11 court of appeal. Any three members and referring them with his recom­ of the Board may hear an appeal. mendations to the appropriate chief It is contemplated that in time of of staff, who may order a new trial. peace only one tribunal of the Board Part X contains miscellaneous pro­ visions of general application. Such will be required for appeals, but that matters as the conduct of witnesses in war several tribunals will be set and counsel at courts martial, dis­ up at convenient places both in Can­ posal by civil authorities of deserters ada ~nd overseas so that appeals may and absentees without leave, the im­ be heard and disposed of speedily. prisonment of service offenders in On the hearing of an appeal the civil prisons, the conduct of manoeu­ Board may set aside any or all find­ vres, emergency powers in relation to ings or direct a new trial. If they property, salvage and limitation of find the sentence to be illegal they civil liability are dealt with. are not empowered to substitute a new Part XI deals with the important sentence but must refer the proceed­ subject of aid to the civil power. Very ings to the Minister or such authority as he may appoint, who may substi­ little change in substance is made tute a new sentence. A further ap­ from the provisions formerly con­ peal is permitted to the Supreme tained in the Militia Act, which have proved satisfactory in the past. Lia­ Court of Canada, with leave of the bility to aid the civil power is how­ Attorney General, where there has been dissent in the Board. The ac­ ever extended to both the air force and navy as well as the army, al­ cused is also given the right to ap­ peal against the severity of the sen­ though it remains primarily an army responsibility and a matter for over­ tence, but this appeal is dealt with all direction by the army authorities. by the service authorities, since it is considered that only they can ap­ Part XII contains a number of sec­ preciate t he service considerations tions which, since they establish civil affecting the sentence. Apart alto­ offences that may be committed by gether from the right to appeal to any person in Canada in relation to the Court Martial Appeal Board, the the services, might appropriately be Judge Advocate General is charged in the Criminal Code. They deal with with the duty of reviewing the pro­ false answers on enrolment, false ceedings of all courts martial, whe­ medical certificates, personation, in­ ther or not an appeal has been taken, ter~uption of drill or training, ham­ and of advising the chiefs of staffs permg manoeuvres, assisting or har­ of the services as to what, if any bouring deserters and other miscel­ action should be taken to quash the laneous offences. findings or to mitigate, commute Part XIII contains certain unre­ or remit the sentence. The accused lated special provisions which can is also given the right to petition for ultimately be dropped from the Act. a new trial on the ground that new Section 250, which deals with the evidence is available that was not repeal of the existing legislation, pro­ available at his trial. The Judge Ad­ vides that it may be repealed by pro­ vocate General is also charged with clamation of the Governor in Council. the duty of examining such petitions This provision was necessary becau.se 12 The JUDGE ADVOCATE JOURNAL the se~vices have had to operate under by differing conditions of service, re- the old legislation pending the com­ main. The punishments prescribed for pletion of the new regulations and officers and men are the same and proclamation of all the new Act. have been brought into line, in so The National Defence Act effects far as practicable, with those pre­ three major changes in Canadian scribed. by the Criminal Code. military law. These are: (3) . The administration of mili­ (1) Canada's armed forces will tary law will be subject to review by henceforth be governed entirely by a civilian court of appeal and, in Canadian law and not in part by certain circumstances, by the Su­ law of the United Kingdom. In the preme Court of Canada. Lawyers will future, when a Canadian soldier is appreciate the salutary and far-reach­ accused of theft, the charge against ing effect the right of appeal will him will be framed under the Crim­ have on the whole administration of inal Code and not under the English military law. Larceny Act, at his trial Canadian It is likely that as the Canadian and not English rules of evidence forces grow, as it seems they inevi­ will be applied and, if he is con­ tably must under existing world con­ victed, the sentence will be that pre­ ditions, the subject of military law scribed by Canadian and not by Eng­ will become of increasing interest lish law. The National Defence Act to members· of the legal profession provides a single source of statutory in Canada. Many lawyers will be law relating to the armed forces and called upon to appear before courts it will no longer be necessary to refer martial and the Court Martial Ap­ to several Canadian and United King­ peal Board as counsel and to advise dom statutes to ascertain the· law. their clients on matters of military (2) The same code of service dis­ law. It is important that lawyers cipline will apply to all servicemen practising in this field should appre­ irrespective of the service to which ciate that military law is not, as they belong or whether they are of­ many seem to think, a code of law ficers or -men. Although in the past separa~e and apart from the ordinary the army and air force have been law. It is an integral- part of the law subject to very similar codes, the of the land based on the same funda­ naval code has differed materially. mental principals of justice and giv­ Under the National Defence Act only ing the same protection to an accused a few minor differences, necessitated as our civil law.

The 1952 annual meeting of the Association will be held in San Francisco during the week of the A. B. A. convention. The annual dinner will be held on the 16th of September and the annual business the day following. Col. Henry Clausen is Chairman of the committee on arrangements. More details will be announced in future issues of the Journal. The Annual Meeting The annual dinner of the Associa­ the speaker's rostrum and observed tion was held in New York City on that the earnest interest of the legal September 18, 1951, at the Park profession which had sparked a Lane Hotel. The dinner was attended concentration of constructive thought by over 300 members of the Associa­ concerning military justice problems, tion and their guests, and among the had revealed the system to be archaic distinguished guests present were and in many respects requiring the Judges of the United States Court revision. Fortunately this requirement of Military Appeals, The Judge Ad­ had been met by the passage of the vocates General of each of the Armed new Uniform Code of Military Jus­ Forces, and The Judge Advocate tice. It was his impression that the General of the Canadian Armed new safeguards provided for in the Forces. new code represented a forward step Col. Arthur Levitt, Chairman of the in improving the administration of Committee on Arrangements, wel­ military justice. He concluded his comed the members and their guests remarks by stating that the Navy and turned over the speaker's gavel was indeed appreciative of the efforts to Col. Reginald Field of the Armed of the Judge Advocates Association Services Board of Contract Appeals, as an organization devoted to the who served as toastmaster of the welfare of the country and its mili­ evening. Col. Field introduced the tary services. associate Judges of the United States Presenting his views next, Major Court of Military Appeals, Judge General Reginald C. Harmon, The George W. Latimer, formerly of the Judge Advocate General of the Air Utah Supreme Court and Judge Paul Force, drew the attention of the W. Brosman, formerly Dean of Association to the fact that the chan­ Tulane University Law School, and ges reflected in the new code are of then introduced Maj. Gen. E. M. great significance in that they show Brannon, The Judge Advocate Gen• the dissatisfaction of the American eral of the Army. people with previous military justice General Brannon paid tribute to procedures i>.nd their desire for re­ the young Judge Advocate General form in this field. He expressed the reserve officers who had been re­ belief that the new code could be called to active duty during the pre­ made to accomplish its purpose by sent emergency. He voiced the hope the working in unison of all the that by the time the next annual services and their officers charged dinner would occur in San Francisco with the administration of military in 1952, that we would have all of justice. According to General Har­ them back at their normal pursuits mon, the Uniform Code was predica­ and that the world situation would ted on the achievement of two goals: greatly improve. This was the senti­ (1) the enforcement of discipline ment echoed by his appreciative in the field forces created to insure audience. peace, and to assure victory by those Rear Admiral George L. Russell, forces in the event of war; and The Judge Advocate General of the (2) the protection of the rights of Navy, followed General Brannon at the individual guaranteed him by our 14 The JUDGE ADVOCATE JOURNAL traditional Constitutional safeguards. changes, and announced plans for the He asked that the Judge Advocates formation of a Canadian Judge Adv­ Association set as its threefold goal ocate Association inspired by and the following tasks: (1) a program modeled upon our own. He devoted whereby Judge Advocate General re­ the larger portion of his remarks to serves could maintain their military a brief resume of the history of An­ fitness; (2) a program whereby the glo-American military law. In dealing Association's membership would fur­ with the current changes in military nish advice to the services; and (3) law, Brigadier Lawson saw far-rea­ a program of disseminating proper ching significance in the fundamental information to the American people changes adopted in recent United in order to dispel misinformation States legislation, which in turn has concerning military justice procedure. influenced similar changes in Canada The Association's retiring Presi­ and England. He stated that on Sep­ dent, Col. Alexander Pirnie of Utica, tember 1, 1951, the new Canadian N. Y., urged the members to strength­ National Defense Act went into effect en its fraternal bonds and increase establishing a single code of discipline its capacity as an association for for all Canadian Armed Services and service. He reminded the audience that by this Act, for the first time that the Association was born out of in history, the Canadian Armed Ser­ the thought that inen of military­ vices are to be governed under Cana­ legal background could not and should dian law and not under the law of not cease their service 'to their England. The Canadian Act also est­ country with the doffing of the uni­ ablished a Courts-Martial Appeal form. In thanking the Association Board for the civilian review of mili­ for its splendid support of his admin­ tary cases. He drew attention to the istration during the past year, he fact that the similarity of approaches expressed his own and the Board of to military justice problems in the Director's appreciation to Colonel United States and Canada demon­ Levitt and his dinner committee for strates the fundamental unity of arranging a splendid annual dinner English speaking nations and the and gave special praise to Major facility of two Governments to act in Richard H. Love, the Association's unison in the face of today's world Executive Secretary, for his day to problems. day devotion on behalf of the Associa­ The last speaker of the evening tion's welfare. was the Honorable Robert Emmett Returning to the speaker's rostrum Quinn, formerly the chief legal officer by popular demand after his speak­ of the First Naval District in World ing appearance at last year's annual War II, and formerly Governor of dinner in Washington, D. C., Briga­ Rhode Island, and presently Chief dier W. J. Lawson, The Judge Advo­ Judge of the United States Court of cate General of the Canadian Forces, Military Appeals. Chief Judge Quinn expressed his appreciation of the indicated that the Uniform Code rep­ work of the Association, in keeping resents, for the first time in American its membership apprised of military­ history, the proposition that there is legal administrative procedures and but one law applying to all men in The JUDGE ADVOCATE JOURNAL 15 military service. He established the Board of Directors credo of his court in the handling of Navy: Capt. George Bains, Ala., appeals by stating that he and his Capt. Robert G. Burke, N. Y., Capt. associate judges recognized that dis­ S. B. D. Wood, Hawaii. cipline is a necessary element of Army: Col. Joseph A. Avery, Va., training men for combat and that the Capt. Cable G. Ball, Ind., Brig. Gen. recognition of this fundamental con­ Ralph G. Boyd, Mass., Col. Howard cept would be leavened by the court's A. Brundage, Ill., Lt. Col. Reginald attempt to give every serviceman Field, Va., Lt. Col. Edward F. Gal­ substantial justice and at the same lagher, D. C., Col. Clel Georgetta, time affording the United States Gov­ Nev., Capt. Edward F. Huber, N. Y., ernment the same right. Col. Arthur Levitt, N. Y., Brig. Gen. Assisting Colonel Levitt in arrang­ C. B. Mickelwait, Calif., Col. Joseph ing the dinner were: Colonel Frede­ F. O'Connell, Mass., Maj. Gen. Frank­ rick F. Greenman, New York, Chair­ lin P. Shaw, Ky., Col. Frederick B. man, Guest of Honor Reception Com­ Wiener, D. C., Col. Edward H. Young, mittee; Captain Nat H. Hentel, New D. C. York, Publicity Committee Chairman; Air Force: Captain Vardon E. Deixel, New York, Maj. Louis F. Alyea, Ill., Col. Paul Chairman, Reception Committee; and W. Brosman, La., Maj. Gen. Reginald Captain Theodore Hetzler, Connec­ C. Harmon, Ill. ticut, Chairman, Hotel Arrangements One of the highlights of the annual Committee. meeting was the debate and passage The annual business meeting of the of a resolution made by Frederick Association was convened at the Park B. Wiener, Washington, D. C., where­ Lane Hotel at 4 :00 p.m. on September in it was resolved that this Associ~ 19th. Col. Pirnie, President, presided. tion, collectively and individually, Each of the Judge Advocates General undertake an educational campaign advised the meeting of the plans and to reply to the falsehoods of those progress of their respective services who are currently defaming and in the present state of limited emer­ subverting the disciplinary system gency. The report of the Board of of the Armed Forces, to the end that Tellers was read and the following the American public and the Ameri­ were announced elected and installed: can bar shall be informed regarding President-Col. John Ritchie, III, the principles and practices of mili­ Virginia. tary justice under the Uniform Code 1st Vice President-Col. Oliver of Military Justice. The gravamen of Bennett, Iowa. the discussion seemed to center upon 2nd Vice President-Brig. Gen Bert the use of the word "subverting" and E. Johnson, Oklahoma. whether or not the use of that word Secretary-Col. Thomas H. King, would imply that everyone who spoke D. C. critically of the system of military Treasurer-Lt. Col. Edward B. justice would, be charged with sub­ Beale, Maryland. version in its present connotation. Delegate to A. B. A.-Maj. Gen. The position that carried was that Ernest M. Brannon, D. C. the word "subverting" was used in 16 The JUDGE ADVOCATE JOURNAL its ordinary sense of undermining judical system during World War II. and that those who condemned mili­ NOTE: Capt. Nat. H. Hentel, tary justice in practice during World JAGC-USAR, New York City, Chair­ War II were really condemning the man of the 1951 Annual Meeting Pub­ licity Committee, wrote those parts civilian lawyer who participated in, of the above article relating to the directed, and controlled the military annual dinner. Remarks of T JAG of the Army at the Annual Meeting At the annual meeting of the As­ This figure may be broken down as sociation on September 19, 1951, Maj. follows: Gen. Ernest M. Brannon, The Judge Advocate General of the Army, made A. Regular Army officers 460 the following report: B. Reserve officers 650 One year ago, when I had the priv­ Which include about 341 ilege of speaking to you at our meet­ company grade officers ing in Washington, the thought ordered involuntarily into which I am sure was uppermost in the active military service all our minds was the impact of our C. National Guard officers 30 partial mobilization, brought about With respect to ordering Reserve by events in Korea, and the respon­ officers into the active military ser­ sibilities that members of this organi­ vice; since the start of the present zation would be called upon to as­ emergency, the Department of the sume in meeting the national emer­ Army has authorized four programs gency. for individual officers, in addition to Today our meeting is held with . officers ordered to duty with their the emergency still upon us, and I units. The Judge Advocate General's would like to discuss three subjects Corps' allotment for the four pro­ which I believe are of immediate in­ grams total 435 officers. This quota terest to the members of this organi­ is still limited to Reserve officers in zation: (1) The several programs the grades of Captain and Lieutenant ordering Reserve officers into active and these officers are divided almost military service during the past year, equally in number between these (2) The establishment of the Army ranks. The officers have come from Judge Advocate General's School at the pool of 3400 Reserve judge ad­ the University of Virginia in Char­ vocates which includes approximately lottesville, and (3) A few comments 1000 Captains and 1100 Lieutenants. on the effect of the Uniform Code of Some Reserve officers of the other Military Justice on our Judge Advo­ arms and services who were ordered cate personnel requirements after to duty in their various basic almost four months of operation branch have applied for and been de­ under the Code. tailed in the Judge Advocate Gen­ At the present time there are some eral's Corps. It would be remiss of 1140 officers, both of the Regular me not to mention the tremendous Army and civilian components now contribution made by all the Reserve 1 serving on extended active duty. officers now on duty in the Judge Ad­ The JUDGE ADVOCATE JOURNAL 17 vocate General's Corps to the ac­ at Charlottesville, Virginia. Two complishment of our mission in the weeks ago, it was my pleasure to Army. The limited number of Reg­ attend the opening of the Judge Ad­ ular Army officers of the Corps could vocate General's School and I am not do the job alone and the Reserve more than gratified with the admira­ officers are serving with great credit ble facilities for legal study which and distinction wherever our troops are available there. The student body are stationed throughout the world. for the first class at Charlottesville When I talked with you last year and the seventh class of the school I mentioned the program of the Corps is composed of 51 officers from the in placing outstanding graduates of six Army areas and from my office the leading law schools on qualifica­ in Washington. It is my objective tion tours leading to a Regular Army that all Reserve officers reporting for commission. I have been well pleased duty, particularly Lieutenants, be with the high qualities demonstrated given an opportunity to attend this by these young officers. My only re­ school as soon as possible after ar­ gret is that the present authorized riving at their first station. I believe Regular Army strength does not it will give these officers a solid back­ permit the commissioning of any more ground in the fundamentals of all of these youngsters. It is my expecta­ phases of military law which will be tion that some increases in Regular most valuable to them in their fu­ Army strength of the Judge Advocate ture service in the Corps. General's Corps will be granted in The Uniform Code of Military Jus­ the near future. My selection board tice has been in effect less than four continues to consider applications for months and I shall not attempt to . these Regular Army qualification draw any broad conclusions from such tours. a short background of experience. I Many of you know that shortly should like, however, to tell you after the Korean emergency arose something of the increased personnel steps were taken to retrain and re­ requirements in my office which are fresh Reserve officers in military jus­ directly related to our new responsi­ tice and military law at the Judge bilities under the Code. As you un­ Advocate General's School. The school doubtedly know, each accused is en­ was first opened at South Post, Fort titled to counsel to represent him be­ Myer, Virginia, a stone's throw from for the boards of review and the my office. The first several classes United States Court of Military Ap­ were of six weeks' duration and at peals. Of course, the Government has present the school curriculum, which a corresponding opportunity. Exper­ embraces comprehensive training in ience to date indicates that roughly the field of military justice under seventy per cent of the accused re­ the Uniform Code, is of eight weeks' quest representation by counsel in the duration. Each class contains about appellate proceedings. The additional 50 student officers. During this functions have required the establish­ spring arrangements were completed ment of a Government Appellate Div­ to reestablish the school upon the ision and a Defense Appellate Divis­ campus of the University of Virginia . ion. These divisions are currently 18 The JUDGE ADVOCATE.JOURNAL' staffed by thirty officers. However, tions in all armies, corps and divis­ their workload may soon necessitate ions. The Assistant Chief of Staff, an increase in this number. G-3, with some persuasion, saw eye This month, too, witnessed an his­ to eye with us on this subject and toric occasion: The argument of the new tables of organization and equip­ first case before the United States ment will provide for five rather than Court of Military Appeals. It marked two judge advocates to a corps and a significant step in the system of fourteen rather than seven judge ad­ military justice established under the vocates to an army. Code for the personnel of our armed In this continuing emergency a forces. source of deep satisfaction to me is You will all be interested in know­ to know that the members of this ing that at the time the Uniform distinguished organization have al­ Code became operative on May 31 ways displayed a keen interest and of this year my office urged that sub­ appreciation of the operations and stantial changes be made in the responsibilities of the Judge Advocate strength of the judge advocate sec­ General's Corps.

The Air JAG Speaks at the Annual Meeting Maj. Gen. Reginald C. Harmon, gram is continuing as in the past. The Judge Advocate General of the A relatively small percentage of our Air Force, spoke to the members as­ sembled at the annual meeting, upon reserve officers have mobilization as­ the progress of the Air Force legal signments with judge advocate of­ department's reserve training pro­ fices of our headquarters and field gram and officer procurement and re­ commands. They get their training call programs. The remarks of Gen­ by keeping prepared for specific jobs eral Harmon are as follows: and by assisting in the preparation of It is not without some apprehension training materials to be used in the that I come before you again today voluntary air reserve training and because I have burdened you with extension course programs. my presence for the past three years. The voluntary air reserve training However, you will have to blame program has advanced a great deal your officers and the program commit­ during the past year, in that a great tee for that. many new units have been organized I shall give you a brief review of throughout the country, and much the alleged progress of our reserve additional training material has been training program in the Legal De­ furnished to them. We have found partment of the Air Force. As you this to be a very useful method for know, we use three types of training: the training of reserve officer-law­ a. The mobilization assignment yers, due to the fact that they can program; meet and study together, thereby b. The voluntary air reserve arousing an interest and creating an training program; and esprit de corps which would not be c. The extension course program. possible if they were studying alone. The mobilization assignment pro­ Since I believe that the training of The JUDGE ADVOCATE JOURNAL 19 the reserve component of our depart­ for retirement and promotion by vir­ ment is a very important element of tue of the courses they completed, or my responsibility, I have personally graded, or furnished the instruction visited and spoken to many of our on, rather than because of the meet­ voluntary training units throughout ings they attended. They would get the United States. In every case, I the credit for passing the course, have found their interest to be keen rather than for attending the classes. and their morale high, and I believe Some time will be required to get this that. the members of those units will change completely worked out, but be ready to take their regular places I believe it is one which we should on the first team, if complete mobili­ ultimately plan. zation should ever be necessary. The As you know, within a month or extension course program is being so after my appointment three years developed as rapidly as possible, but ago, I discontinued the policy of send­ much work is required to assemble ing regular officers and reserve of­ the study materials in formal courses ficers on extended active duty to law in order that they may be used ef­ school at Government expense in con­ fectively. However, much progress templation of their becoming members has been made in this regard, and I of this Department upon graduation. am sure that during the next year, I did that for three reasons: we will have that program fully es­ a. The cost to the government is tablished for our Department in the too great. Depending upon the rank Air Force. of the officer concerned, it costs, in­ I am contemplating one important cluding salary and other expenses, change in our training program. In for the period of three years, ap­ the past, it has been quite difficult to proximately twenty to twenty-five measure accurately the benefits being thousand dollars per student. derived and advances being made b. At graduation, the Government by members of the voluntary units. has a neophyte lawyer whose military I am not satisfied with simple at­ grade and age is too far advanced tendance at meetings, so that the man for his professional legal capacity. who only attends meetings gets the c. In many cases, a student goes same credit as the man who elabor­ to law school because it is a nice as­ ately prepares for and actively par­ signment, rather than because he has ticipates in the discussions of those a fervent desire to become a lawyer. meetings. In attempting to find a Our procurement program as far measuring stick for this progress, I as regular officers are concerned has have tentatively decided that when consisted of taking young lawyers, the extension course program is fully mostly reserve officers, who have had prepared, it might be used as that wartime military experience, into the standard of measurement, by requir­ Air Force by competitive examination. ing every member of the voluntary We have been taking about twenty­ training units to take the correspon­ five each six months, and they are dence courses and study them to­ usually taken from a competitive class gether at their meetings. Then the of 160 to 185. With the exception of members would be given credits both a few outstanding men, whose ages 20 The JUDGE ADVOCATE JOURNAL may be up as high as 37, they are voluntary basis, and restrict it to generally under the age of 32 when those we were sure could carry the commissioned, and many of them have responsibility of their respective several years of practical experience. ranks and for whom we had specific This method of procurement of reg­ jobs. In the absence of a greater and ular officers costs the Government more rapid expansion of the Air nothing; yet the Air Force gets young Force than we now anticipate, or a officers whose age and military grade change in the international situation, are commensurate with their legal we do not contemplate any change in capacity, and officers whose desire to that policy. In fact the Air Force become lawyers has been signified by generally is now recalling officers on their willingness to pay for their own a voluntary basis, and at the present legal education. time, we have about forty volunteers As to the reserve officer procure­ for whom we have no requisitions. ment program, we have followed the The voluntary recall policy of our following policies: Department in the Air Force has been a. The program has been cautious followed with two exceptions: and conservative and has taken of­ a. There have been a few mobili­ ficers in limited numbers, because zation assignees of field commands it is much easier to add new than it who have been recalled by their com­ is to get rid of unneeded personnel. manders for specific jobs for which b. Appointments have been made they were specially qualified. in proper grades and ages so as to b. While other agencies of the Air leave room for expansion at the top, Force were still recalling officers on thereby retaining a healthful incent­ an involuntary basis, some officer­ ive for promotion. lawyers were recalled as a result of c. We have tried to select men of other military specialties. For ex­ outstanding ability, unimpeachable ample, if a man's record showed that character, well balanced personality, he was a navigator or an electronic and with families who would make specialist and had never transferred good neighbors. to The Judge Advocate General's De­ As a result of the application of partment, he might have been called these policies, we now have a reserve in one of those non-legal specialties, component which is large enough to and after his recall, have voluntarily meet our needs and small enough to transferred to our department. · allow for gradual expansion in the Some reserve officer-lawyers of the future. It is not just a mailing list, Air Force did get on extended active but we are attempting to have always duty involuntarily as a result of the a compact, well trained group of foregoing through no fault of ours. lawyers. It has been said, that a disadvan­ Now for a brief discussion of a tage of calling officers on a voluntary subject I know is very close to your basis is that the Government does hearts. This is for those of you who not get officers with as much age happen to be reserve officers in the and experience as would have been Air Force. As you know, it has been the case on an involuntary basis. This our policy to recall officers only on a is true. Quite a large percentage of The JUDGE ADVOCATE JOURNAL 21 our volunteers are officers of the country, with the possible exception younger ages who require consider­ of those made immediately after able training. However, I believe it is World War I. In fairness, I think we a part of our job in an emergency should confess that some reform was like this to take these inexperienced in order. I believe that with proper officers and train them, rather than administration all three systems un­ to disrupt the lives of older officers der which we have operated during who are well-established in the pro­ the past three years would provide fession. We have established a Judge a fair trial and more protection to Advocate General's School at the Air the accused than is generally believed University for this purpose and are by the American public. This is where supplementing that with much on­ we have fallen down. We have failed the-job training. The disadvantage of to keep the public informed as to the having to train these young and in­ true merits of our system. Let us not experienced officers is compensated fail to keep them informed as to the by the fact that we will have in the administration of this new Uniform Air Force in a year or two a large Code of J:l.1ilitary Justice. group of well trained young officer­ As is generally true with reforms, lawyers, as a result of both school we cannot all agree that all of the training and actual experience, who changes were wise ones. If mistakes will have great potential use to the were made, the Code provides for an Air Force for many years in the fu­ annual survey by the Judge Advo­ ture. We are all growing older in­ cates General, the Court of Military stead of younger, so it is necessary Appeals, and the Secretaries, and for to train young officers and build up the making of recommendations to from the bottom. Another great ad­ Congress, in order that those mis­ vantage of calling officers on a vol­ takes may. be corrected. Every one untary basis is that the Government of you, as reserve officers in the Legal gets officers who want to be on ex­ Departments of the services, and even tended active duty, who are not dis­ as citizens, has the duty to keep tracted by home ties, and, who, if yourself informed as to how the new given an interesting job will have Code is being administered, and to high morale and great enthusiasm for carry that information to the people their work. in your respective communities. Oth­ As I told you last night, we have erwise, this information will not be had in the past three years greater spread and ill-advised changes are and more revolutionary changes in · liable to be made as a result of it. the Military Justice system than have May we all join together to make occurred in the entire history of this this new system work. Comments of Navy JAG at the Annual Meeting Rear Admiral George L. Russell, department of the Navy. He indi­ The Judge Advocate General of the cated that his office is rather small Navy, attended the annual meeting compared to that of the other services of the Association and spoke briefly and that more than half of his law to the members concerning the legal specialists are Naval Reserve law­ 22 The JUDGE ADVOCATE JOURNAL yers, a few of whom , have served with preference given to the older since World War II. Adm. Russell men less capable for line duty because stated that he did not expect to re­ of age. This system was, of course, call any Naval Reserve lawyers in­ designed for total mobilization, but voluntarily in the near future and the experience of partial mobilization that seventy-five per cent of those brought on by the Korean incident who had been recalled to active duty has brought to their attention the have indicated the desire to remain fact that the older lawyers being well on extended active duty, thereby nec­ established in private practice do not · essitating replacement of only twenty­ wish to be selected to serve, except five per cent of those officers. Of upon a total mobilization, whereas on course, he indicated that the increased the other hand, the younger lawyers burdens of the office, together with are very anxious to do so. According­ this necessity of replacements for ly, a great number of volunteers reservists completing their tour of among younger lawyers have been duty, would make it necessary to re­ received and likewise in his procure­ call more lawyers, but that the supply ment of officers, he has been able to of volunteers in the Navy for legal exercise great selectivity, taking billets appears fully adequate. about one out of five volunteers. Adm. Adm. Russell indicated that the Russell stated that he feels the orig­ number of legal billets in the Navy inal plan for procuring reserve legal appeared to be out of proportion with officers is a workable plan upon full those of the other services, but said mobilization although it did not work that the reason for this was that particularly well during the present in the Navy, law functions are spread emergency. Nonetheless, he stated the among the various divisions and de­ Navy has met its personnel problem partme:11ts of the Navy and not en­ as far as the legal department is tirely under The Judge Advocate concerned. General. Adm. Russell assured the member­ Adm. Russell indicated that after ship of his personal interest in the World War II and upon the basis of past experience, the legal de1n1.rtment Association and suggested that our of the Navy earmarked a certain Navy strength in the coming year number of law billets in the reserve would be considerably increased.

Your professional successes, important cases, new appointments, political successes, office remova1s, an.d new partnerships are all matters of interest to the other members of the Association ·who want to know "What The Members Are Doing." Use the Journal to make your announcements and disseminate news concerning yourself. Send to the Editor any such· information that you wish to have published. The JUDGE ADVOCATE JOURNAL 23

The President greets the U. S. Court of Military Appeals at the Annual Meeting; I. to r.. Col. Levitt, Col. Pirnie, Judge Latimer, Chief Judge Quinn, Judge Brosman. 24 The JUDGE ADVOCATE JOUR AL

The retiring President, Col. Alexande r Pirnie, congratulates the President-elect, Col. John Ritchie, III. ...., ~ <.. c ?i tr: > ._., --: 0 ~ > -l r:: <.. r-: ;:;;: z ;.....

At the Annual Meeting; I. to r., Maj. Love, Executive Secretary, Adm. G. L. Russell. Brigadier W. J. Lawson. Col. Alexander Pirnie. President, Gen. Reginald C. Harman. Gen. E. M. Brannon. and Col. Arthur Levitt. Chairman of the Annual Meeting Comm1ttei.. ~.:. ~ O>

1-'3 :::>"" (!> "-< c::: t:J 0 ttj > t:J <: 0 (') > 1-'3 ttj "-< 0 c::: ~ The Judge Advocates General with the members of the Court of Military Appeals; 1. to r.. Judge Latimer. z > Chief Judge Quinn. Adm. Russell. Gen. Harmon, Gen. Brannon. Judge Brosman. r< PENDING LEGISLATION: Armed Forces Reserve Bill­ ,,Mogna Carta" For Reservists By BRIG. GEN. E. A. EVANS Members of the Ready Reserve are .Executive Director. subject to call for extended active Reserve Officers Association duty in time of war or in time of (Reprinted by permission of The national emergency declared by Con­ Reserve Officers Association.) gress or proclaimed by the President. What does the Armed Forces Re­ Members of the Standby Reserve can serve Bill mean to you as a Reserve only be called to extended active duty Officer? The question is timely and in time of war or national emergency appropriate for every officer possess­ declared by Congress. Members of the ing a reserve commission and this Retired Reserve may, if qualified, be pending legislation has been likened ordered to active duty only in time of to a "Magna Carta" for the citizen-re­ war or national emergency declared servist. Consequently, it is of para­ by the Congress. mount interest to all members of the Any reservist in an active status on Reserve Forces. The following presen­ the effective date of the Act may be tation will endeavor to provide high­ placed in the Ready Reserve with the lights of the bill. following exceptions : The legislation furnishes clarifica­ (a) those who have served in the tion of many terms affecting the re­ armed forces of the United States for serves such as active duty, active duty four years. training, inactive duty training, par­ (b) those who have served in one tial mobilization, etc. In addition, it or more of the reserve components for gives a clear definition of the mission not less than eight years subsequent of the reserve components and pro­ to September 2, 1945. vides that within each armed force (An explanation of the September there shall be a Ready Reserve, a 2, 1945 date, as well as the eight­ Standby Reserve and a Retired Re­ year requirement, is necessary. Under serve. present law, the President of the This bill provides that each member United States has the right to call of the reserve components shall be in any member of the Reserve to active an active, inactive or retired status. duty. The time limit on this right of Everyone in the Ready Reserve will the President to call all reservists to be in an active status. The Standby active duty expires September 2, 1953. Reserve is divided between the active With the law as it now stands, there reserve and inactive reserve inasmuch can be no voluntary transfer to the as there exists in the Standby Reserve Standby Reserve until after this lim­ an inactive status list, and all mem­ iting date has passed. This does not bers of the reserve components who mean that members of the reserve are on the inactive status list are in components cannot and may not be the inactive reserve; while all other placed in the Standby Reserve imme­ members of the Standby Reserve are diately following the effective date of in the active reserve. Members of the , the Act. It simply means that it is not Retired Reserve shall be in a retired mandatory on the part of the Depart­ status. ment of Defense to place any reservist 28 The JUDGE ADVOCATE JOURNAL in the Standby Reserve until after major or lieutenant commander ex­ September 2, 1953. cept upon the recommendation of a (c) those reservists who have board of officers. served on active duty for not less The bill provides that after the than a year subsequent to June 25, effective date of the Act, all appoint­ 1950. ments of reserve officers shall be for an indefinite term, but further pro­ Members of the*** reserve components vides that any officer may decline to on an inactive status list will not be have his current appointment conti­ eligible for pay, promotion or retire­ nued for an indefinite term, if he so ment point credits. requests. Every reservist on the effective date of the Act shall retain active, inactive Provision is made*** whereby all mem­ or retired status in the reserve com­ bers of the reserve components, ex­ ponents. cept members of the Retired Reserve, Each reserve component shall be di­ shall be given physical examinations vided into training categories and the at least once every four years. training categories shall be the same The bill provides that any member for each Armed Force and shall be the of the active reserve may be ordered same within the Ready Reserve and to duty for training purposes without Standby Reserve. his consent for a period not to exceed The bill provides that each Depart­ fifteen days annually. ment shall establish an adequate and A member of the reserve compo­ equitable system for the promotion of nents ordered into the active military members of the reserve components. It service of the United States is to be provides further that prior to Febru­ allowed a reasonable period of time ary 1, 1952 the Secretary of Defense between the date he is alerted and the is directed to submit to the Congress date when he reports for duty. It fur­ adequate and equitable legislative rec­ ther provides that this period shall be ommendations for the promotion of at least thirty days, unless military the reserves which shall conform as conditions do not permit. nearly as practicable to the system The bill provides that during any for promotion of the regular members expansion of the active Armed Forces of the Armed Forces, including rec­ it shall be the policy to utilize to the ommendations concerning date of greatest practicable extent the ser­ rank, forced attrition, distribution in vices of the qualified and available grades and constructive credit. officers of the reserve components (Note: The services are now working in all grades. It further provides that on this proposed legislation and repre­ where an expansion requires that sentatives of National Headquarters units be ordered into military service of ROA are sitting-in with the Army, the members of these units shall be Navy and Air Force sections.) ordered involuntary only with their In the future a person who has units, but this shall not be interpreted heretofore not held an appointment as prohibiting the reassignment of as a commissioned officer may not be personnel of such units after they so appointed in a grade higher than have been placed on active duty. The JUDGE ADVOCATE JOURNAL 29 Provision is made for members of law requires that only regular officers the reserve components with their can be so detailed. Many other res­ consent to be ordered to or retained trictions against the use of reserve on active duty. It is provided also that officers would be lifted under this such reservists shall be ordered in the provision. grade and status held by them in the The bill provides that during a per­ Reserve. iod of partial mobilization the various Provisions have been made whereby Departments would continue to main­ members of the reserve components tain mobilization forces to insure the who voluntarily accept active duty continued organization and training may enter into a standard written of the reserve components not mobil­ agreement for periods of active duty ized. up to five years. These agreements Except under special conditions a would provide that members shall not member of a reserve component serv­ be released from active duty in­ ing on active duty in time of war or voluntarily by reason of a reduction national emergency shall not be re­ in strength in the Armed Forces un­ leased from active duty except upon less his release is in accordance with the approved recommendationn of a the recommendation of a board of board of officers. officers, or for reasons other than a Provisions have been made for uni­ reduction in numerical strength form allowances consisting of an ini­ without an opportunity to be heard tial allowance of $200 and a further by a board of officers prior to such sum of $50 upon the completion of release. The exceptions to the lat­ each period of four ( 4) years of satis­ ter would be that he could be re­ factory reserve service as described leased from active duty pursuant to in the Reserved Retirement Law, and sentence from court martial, unex­ also provided that during this period plained AWOL, etc. The written of time at least twenty-eight days agreements would provide further of active duty or active duty for that should any member be released training shall have been credited to from active duty involuntarily prior the individual. Under certain circum­ to the expiration of the contract he stances and restrictions, officers who would be entitled to receive severance enter on active duty on or after June, pay equal to one month's pay for 1950 will be entitled for each time each year remaining as the unexpired of such entry or re-entry on active period of his agreement. duty or active duty for training of A provision makes it possible for more than ninety days duration to a members of the reserve components to further sum of $100 as reimbursement be detailed or assigned to any duty for uniform and equipment. authorized by law for officers or en­ listed members of a regular compo­ A change is :rp.ade*** in the proposed nent. As an example, this would allow bill to the Career Compensation act reserve officers to be assigned as Pro­ of 1949 which would allow enlisted fessors of Military Science and Tac­ reservists to receive rations in kind tics (or equal status with Air and when instruction periods total eight Navy) for ROTC units. The present or more hours in any one calendar 30 The JUDGE ADVOCATE JOURNAL day. is established, which board is to be the Except under certain conditions, an principal policy advisor to the Secre­ officer of the reserve components who tary of Defense on matters pertaining has completed three years of commis­ to the reserve components. The legis­ sioned service shall not be discharged lative establishment of the Reserve involuntarily or separated except pur­ Forces Policy Board is not to be con­ suant to an approved recommendation strued, however, to limit and modify. of a board of officers. the functions of the Reserve Policy The bill states as a policy that there Committees of the various Services. shall be no discrimination between It is required, that in the semi and among members of the regular annual report of the Secretary of and reserve components in the admi­ Defense, as presently required by law nistration of laws applicable to both for submission to the Congress, a regulars and reserves, and further chapter shall be devoted to the status provides that prior to February 1, of reserve promotions. 1952, the Secretary of Defense will Each Armed Force is required to submit to Congress adequate and maintain adequate and current per­ equitable legislative recommendations sonal records of each member of its for equalization of benefits between reserve component. and among regulars and reserves of The Secretary of Defense is direc­ the Armed Forces. ted to require complete and up-to-date Provision is made that the Secre­ dissemination of information of inter­ tary of Defense and the Secretary of est to the reserves to be made to all each military Department shall desig­ members of the reserve components nate a.11 Assistant Secretary who shall and to the public in general. in addition to other duties, have the principal responsibility for supervi­ (Editor's Note: In reading the above sion of all activities of the reserve comments, it should be kept in mind that the various items listed are the components. The bill provides further highlights of the bill and do not re­ that the Secretary of each military flect all of the intimate details that Department shall designate a general affect the reserves. The bill has been or flag officer who shall be directly passed by House of Representatives of the 82nd Congress, 1st Session and responsible for reserve affairs. will be on the Senate calendar of the The Reserve Forces Policy Board 2nd Session.)

The Journal is your magazine, If you have any suggestions for its im­ provement or for future articles, please bring them to the attention of the Editor. We invite members of the Association to make contributions of articles for publication in the Journal. Publishability of any article submitted will be determined by the Editor with the advice of a committee of the Board of Directors composed of Lt. Col. Reginald Field, Col. William J. Hughes, Jr., Col. Charles L. Decker, USA, Capt. George Bains, USN, and Brig. General Herbert M. Kidner, USAF. Recent· Decisions of the U. S. Court of Military Appeals The United States Court of Mili­ of A. W. 58. The only question was tary Appeals has, prior to December whether or not the facts were suffi­ 1, 1951, handed down opinions in 19 cient to sustain the conviction. The cases. Nine of these cases were re­ Board of Review held that they were, ceived for review by the Court on and the Judge Advocate General of certification from the Judge Advocate the Air Force certified the case under General of the Navy, one on certifi­ Article 67 (b) (2) of UCMJ to the cation of the Judge Advocate General Court. of the Air Force, and nine on petition Each of the three judges wrote of the accused, eight of which latter separate opinions. The opinion of cases arose ou,t of Army Courts Mar­ Judge Latimer recited the well-known tial trials and one out of an Air Force principles governing scope of review Courts Martial. Boards of Review and then came to the fundamental in these decisions have been reversed question of whether or not there was in 9 cases and affirmed in 6 cases. sufficient evidence of the intent to de­ All reversals occured in cases certified sert. On the proven facts, above by the Judge Advocate General of mentioned, the designation of the the Navy. There were no reversals accused's assigned unit as shown in on petitions of the accused. The other the charge sheet, the proximity of four cases decided by the Court came the station of that unit to the P. 0. E. up on the question of the jurisdiction at San Francisco, and the current of the Court to grant review and in state of war in Korea, Judge Latimer those four cases the Court denied concluded that the Trial Court could the petition for review. The opinions reasonably infer the intent to desert; of the Court in these cases are on and, since the determination by the relatively simple questions of mili­ Trial Court from the proven facts tary law, but are particularly inter­ and inferences therefrom, fall within esting in that they show the thinking an area where reasonable men might of the members of the Court and also differ in their conclusions, he held an effort by the Court to square away the appeIIate court would not be fundamental principles for the guid­ warranted in interfering with the ance of the future. Accordingly, the findings. Therefore, he held there opinions are rich in dicta, although was substantial evidence to sustain quite narrow in the fundamental the findings and affirmed the Board questions ruled upon. of Review. Judge Brosman concurred In U. S. v. Mickey McCrary (Case with Judge Latimer's conclusion that No. 4, decided November 8, 1951), the findings were based upon substan­ the accused was shown to have left tial evidence; but expressed the opin­ his station at Camp Stoneman, Calif­ ion that an of the matters beyond the ornia, on October 23, 1950, and to direct evidence in the trial should have surrendered to the Air Police have been expressly found as facts at Brookley Air Force Base, Alabama, based on the application of the doc­ on December 22, 1950. That was the trin of judicial notice; that is, that extent of the evidence submitted from the intention to desert could be found both sides. The accused was tried on from facts beyond the testimony in the charge of desertion in violation the trial if the Trial Court by judicial 32 The JUDGE ADVOCATE JOURNAL notice found those facts from matters its sentence. The Board of Review of common knowledge and from the of the Navy reversed the decision of matters set forth in the charge sheet. the Trial Court on the ground that Chief Judge Quinn dissented on the the President of the Special Court · ground that the evidence in the should have complied with Paragraph case was insufficient as a matter ·of 73 (b) of the Manual by instructing law to sustain a conviction of deser­ the Court pursuant to Article 51 (a) . tion. His position was that the only and (c) and Article 52 (a) (2). The evidence in the case was that the manual states that the law officer accused left his squadron in Califor­ shall instruct the Court upon the nia without leave and surrendered presumption of innocence, the doc­ sixty days later in Alabama, there trine of reasonable doubt, the lesser being nothing in the record concern­ included offense, and the burden. cif ing distance from Ports of Embarka-. proof, even in cases of a plea of tion, the accused's unft,being a re­ guilty (although the Code does "not) · placement unit for overseas duty, or and that the Court should have of any evidence of the accused's know­ closed and made its findings by ballot, ledge of these things. It was Chief the guilty plea notwithstanding. The Judge Quinn's opinion that there was Court determined that the Manual no proof in the record justifying a as an Executive Order was on the finding of intent to desert. He further same level as the Code, and that the found that because the accused did provisions of the Manual were man­ not take the stand to explain his datory; that in both matters, the absence, it should not be used against Trial Court had erred as a matter of him aE> proof of his intention to desert. law, but there was no -prejudice of Since it is the Government which has the accused's substantial rights in the the burden of proving guilt of every matter and that, therefore, the action element of the offense beyond rea­ of the Trial Court should stand and sonable doubt. the Board of Review was reversed. In U. S. v. Marion Lucas (Case Three other cases were certified No. 7, decided November 8, 1951), by the Judge Advocate General of the accused was charged with having the Navy on a similar question and overstayed his leave, the offense hav­ although opinions were written in ing taken place prior to the effective each of the cases the decision in the date of the UCMJ, but. the trial tak­ Lucas Case was held controlling. ing place after the date of the Code. These cases are U. S. v. Grayson D. The accused entered a plea of guilty, Goodrich, ,(No. 36), U. S. v. Roy E. which plea was explained to him by Bishop (No. 37), and U. S. v. Paul J. . the President of the Court. The accu­ O'Brassill (No. 52) . sed stated that he understood his In U.S. v. James R. Slozes (No. 12, plea and desired to have it stand. . decided November 20, 1951), the accu­ Thereupon the President of the Court sed had been charged with rape of a announced that the specification was thirteen year old Korean girl in vio­ proven by the plea, and the Court lation of AW 92. He was convicted received personal data, and then went and sentenced to confinement at hard into closed session and voted upon labor for twenty years, together The JUDGE ADVOCATE JOURNAL 33 with the usual military punishments. lations which show the Commanding The conviction and sentence were Officer's right to designate another approved by the Board of Review officer to sign the report and that and the accused petitioned for review when no officers are present, the by the Court. The principal questions morning report could be signed by raised were the competency of the an officer designated in a higher prosecutrix as a witness because of headquarters. In view of the ordi­ her age and her statement that she nary duties of a personnel officer, had no religion and accordingly, the . the Court felt it appropriate for the legal insufficiency of the evidence to Commanding Officer to designate him sustain the finding of guilty. The to sign the morning report and the Court affirmed the Board of Review Court said it would assume regular­ after an extensive review of the law ity in such a designation and the on the competency of witnesses, it burden would be upon the accused appearing from the record that the to overcome it by evidence. The Court .prosecutrix understood the necessity affirmed the Board of Review. for telling the truth, her want of Similar questions were raised in religion and years notwithstanding. U. S. v. Alfred L. Clements (No. 82, U. S. v. Stephen Masusock (No. decided November 14), where a War­ 15, decided November 9, 1951) in­ rant Officer signed the m~rning re­ volved the competency of morning port, and applying the doctrine of reports when not executed by the the Masusock case, the Court held Commanding Officer in the proof of extract copies of the morning report a case charging absence without leave. competent and admissible. The same The questions here were raised for question was raised in U. S. v. Rich­ the first time on appeal before the ard A. Lewandowski (No. 91, decided Board of Review. The morning report November 14 1951), andU. S. v. was signed by a regimental personnel Cosimoro P. Flores, (No. 75. decided officer and not the Commanding Offi­ November 14 1951). U. S. v. Archie cer of the company to which the accu­ A. Bransetetter (No. 19, decided sed was assigned. It was argued that Novemder 8, 1951), the accused the extract copies of this morning seaman on charges of absent without report were hearsay and inadmissible leave and breaking arrest, was tried and that they were prepared in an on May 8, 1951, entered a plea of irregular manner and, therefore, not guilty and made an unsworn state­ within the exception of the hearsay ment in which he complained of men­ rule. The Court entertained the case tal lapses due to having been kicked on the petition of the accused but in the head by a horse at the age of stated that trial counsel should make fourteen. The Court proceeded as if known its objections at the time of a plea of not guilty had been entered the trial; otherwise, objections may and received in evidence the Naval be considered waived. The Court held health record of the accused. The that the morning report is an official accused put in no evidence. The record and that extract copies might Board of Review reversed the findings appropriately be introduced in evi­ and sentence of the Court on the d

Colonel Ralph M. Smith, a charter member of the Association, West Somerville, Massachusetts, died October 9, 1951. Book Announcement: Memorandum Opinions of The Judge Advocate General of the Army By Herbert R. Burris, Opinions, omitting those considered 1st. Lt., JAGC-USAR merely cumulative or otherwise un­ In the extensive revision of the important as precedent, was pub­ Articles of War, which became ef­ lished early in 1951 and limited dis­ fective February 1, 1949, there was tribution was made through military included a statute--Article of War channels; additionally, the Govern­ 53-which provided in effect for a ment Printing Office made available restudy by The Judge Advocate Gen­ a number of copies for sale to the eral, when requested by an accused, of public. The title, "Memorandum any case in which the offense occurred Opinions of The Judge Advocate subsequent to Pearl Harbor Day and General of the Army When Acting initial appellate review had been com­ Upon Applications for Relief under pleted. The Article provided that re­ Article of War 53, 1949-50," has been lief could be granted only upon good telescoped for citation purposes to cause shown, but if established, The the short title "MO-JAGA." The vol­ Judge Advocate General was author­ ume already has been cited in Board ized to select corrective action from of Review opinions, and by Staff a wide range of possible curative Judge Advocates in locations as dis­ measures. This remedy, with a ter­ tant as Korea, in support of particu­ mination date fixed, later was in­ lar legal propositions which were corporated into the Act of May 5, pertinent. 1950, which enacted the Uniform By strict selectivity, the number Code of Military Justice; it is set of opinions reported in MO-JAGA forth in Section 12 of the 1950 law. was restricted to 139. The table of By the end of 1950, The Judge Ad­ cases appearing in the front of the vocate General of the Army had re­ volume discloses that almost 500 ceived and acted upon approximately judicial opinions of various civilian 175 petitions for relief under Article courts were cited in support of the of War 53; his action in each case propositions of law involved. A, thor­ was accompanied by a Memorandum ough index with complete tables Opinion in which he set forth the makes the volume very practical for contentions asserted, and his deter­ the attorney whose practice includes minations as to these issues. The en­ the military justice field. The tables tire record was searched for preju­ include a conversion list providing dicial error, and where found, relief reference to original board of review was granted, whether or not peti­ citations of the cases reported, and tioner or his counsel had complained cross-references to Articles of War, of it in the application for relief. to Articles of the Uniform Code of Opinions of non-military tribunals, Military Justice, to the 1928 and both federal and state, were liberally 1949 Manuals, and to pages of the cited and heavily relied upon in these MO-JAGA where the subject matter reviews. concerned appears. In appearance A selection of the Memorandum and binding, MO-JAGA is similar to The JUDGE ADVOCATE JOURNAL 37 the new Manual for Courts-Martial. opinions of other appropriate author­ The opinions in MO-J AGA have an ity upon initial review; also he has authoritative quality, as strong legal had the assistance of the experienced precedent, which is derived from their lawyers working in a non-adversary statutory basis as determinations of capacity in the New Trial Division the issues appearing in the respective of the Office of The Judge Advocate cases involved. General, and in many instances, the It is observed that they are deci­ briefs and arguments of civilian coun­ sions which have been reached by the sel were presented for his considera­ judicial authority established by the tion. The authorities whose judicial Congress for an extraordinary and opinions are published in MO-JAGA remedial type of review of military are Major General Brannon, Major justice cases covering a wide spread General Shaw, and Major General of years. Each adjudication personal­ Green. ly has been made and signed by the By reason of the wide variety of highest legal officer of the Army-the legal points raised, discussed, and individual occupying the responsible disposed of, and because of the tables position of The Judge Advocate Gen­ and comprehensive index leading the eral and bearing the rank of Major researcher to them, it is likely that General. In reaching his conclusions as MO-JAGA becomes known, there in each instance, he has had the ben­ will be as wide use of this profes­ efit of the previous holdings of a sional tool as the limited number of statutory board of review and the volumes available will permit.

Army ~AG Offers Reserve Commissions Opportunities for Army enlisted the ages of 21 and 32, possess an men and civilians who are qualified LL.B. degree from an approved law lawyers to obtain Reserve commis­ school and be admitted to the practice sions in the Judge Advocate General's of law before a Federal court or the Corps, with concurrent call to active highest court of a state. military service, were announced re­ All. officers seiected will be orderer c.ently by the Department of the Army. into the active military service for Officers holding Reserve commis­ a period of three years. sions in the Judge Advocate General's The Army anticipates that 200 Corps in the grade of lieutenant and officers will be accepted for active captain may also apply for active military service under this program. duty under this program. Quotas have been allocated to each Enlisted men now serving in the Army area. Commanders of overseas Army who are lawyers will be given theaters will consider applications the opportunity to obtain direct com­ without regard to quotas. missions as First Lieutenant. Simil­ Applications from individuals not arly, lawyers in civilian life may also in active military service may be apply for appointment in this rank. submitted through the headquarters Basically, to be eligible for select­ of the Military District or the Army ion, . an .applicant must be between Area: in whi.ch they :rei;;iqe. WHAT THE MEMBERS ARE DOING ALABAMA Goldstein, and Harry Sherman. Capt. Henry A. Leslie, Army JAG Col. Doan F. Kiechel is Judge Ad­ Reserve, is Acting Legal Counsel for vocate at Letterman Army Hospital. the Birmingham District, Office of Recently returned to 6th Army from Price Stabilization. FECOM are Col. Walter Tsukomoto, CALIFORNIA who is now chief of the Military 1st Lt. Everett Berberian, San Affairs office at 6th Army, and Maj. Francisco attorney, has been recently John Carmody, Executive Officer at called to active duty and assigned Camp Roberts. to Camp Hanford, Washington. COLORADO Maj. David Ford is with the Cen­ Milton J. Blake recently announced tral Command in Yokohama as law a change of address to 422 Midland officer on a general court. Capt. Savings Building, Denver 2. Horace Geer is with the procurement DISTRICT OF COLUMBIA section of the Japanese- Logistical Col. Michael Leo Looney recently Command. announced the removal of his law Lt. Col. John P. King recently vi­ offices to the Wyatt Building, Wash­ sited 6th Army headquarters after ington. five and a half years in Korea. Col. Lt. Col. Andrew B. Beveridge King since arriving in Korea in 1946 recently announced the formation of as Division Staff Judge Advocate a law firm, Browne, Schuyler and has learned to speak and write Ko­ Beveridge, specializing in patent and rean, passed the South Korean bar trademark cases with offices in the . examination, drafted the South Ko­ Munsey Building. rean Army's Articles of War and Col. Walter H. E. Jaeger recently Manual for Courts-Martial, and train­ announced removal of his law offices ed a corps of military lawyers for the to the Denrike Building, Washing­ South Korean Army. ton 5. Col. George W. Gardes, recently The Washington area members of assigned to a Board of Review in the Association held a reception, JAGO, has been assigned Staff Judge cocktail party, and dinner at the Advocate, 6th Army, at the Presido. Naval Gun Factory, Officer's Mess, Col. Robert M. Springer, who has in honor of the members of the United been serving as Staff Judge Advo­ States Court of Military Appeals. cate, 6th Army, has been transferred Judge Milton ·S. Kronheim, Jr., to the same position with the 4th Cmdr., USNR, as President of the Army, at Fort Sam Houston, Texas. local chapter, presided. Chief Judge Col. E. F. Snodgrass, heretofore Quinn and his associates, Judges SJA for the 4th Army has been trans· Latimer and Brosman, each addressed ferred to the 7th Army in Germany. brief remarks to the more than 150 Reserve promotions in the 6th Ar­ members and their ladies who were my have been received recently by present. This group likewise met on Lt. Cols. Richard Dinkelspiel and December 12th to hear a report from Lawrence Mulally, Majs. Harold Gen. E. M. Brannon on his recent Wattenberg and John J. Cowen, Jr., inspection tour of the Far East. The and Capts. Roger P. Garety, Hillard speaking program was also high· The JUDGE ADVOCATE JOURNAL 89 lighted by a brief address by Monsig­ was recently recalled to duty in the nor Maurice Sheehy of the Catholic Procurement bivison, Office of the University and formerly Naval Judge Advocate General of the Army. chaplain. Robert B. Hearne of Boston was ILLINOIS recently married to Miss Diana Betty Lt. Col. Walter E. Schroeder was Allan of Farnham Common, Bucking­ recently appointed General Manager hamshire, England. After a European of Leonarde Keeler, Inc., Chicago, wedding trip, Mr. Hearne and his Illinois, originators and developers bride will. reside in Boston where of the lie detector. he is engaged in the pratice of law. Calhoun W. J. Phelps, Princeton, Thomas L. Thistle, Mayor of the is States Attorney of Bureau County, City of Melrose, is President and Illinois. Lenahan O'Connell of Boston, Secre­ Lee Ensel, Springfield, is the Judge tary, of the New England Chapter Advocate General for the Illinois of the Judge Adovocates Association. National Guard. The New Englanders hold three meet­ Benjamin S. Adamowski has re­ ings annually in October, February, signed as Corporation Counsel for and May. At the October meeting held the City of Chicago, and has returned at the Union Oyster House, Captain to general practice. Daniel F. Carney of Public Informa­ Judge William F. Waugh has been tion Office, Fort Devens, was the re-elected as Judge of the Probate speaker. Court of Cook County, Illinois. In MICHIGAN the Chicago Bar Association poll of Percy J. Power · of the Detroit candidates for judicial office, Judge Curling Club was recently elected Waugh received the highest number President of the Ontario Curling of approving votes of any candidate Association. The Association is com­ in the history of the Association. posed of 120 Curling Clubs in the pro­ Grenville Beardsley received the vince of Ontario plus one club in the Republican nomination for Judge of United States at Detroit. Percy Power the County Court of Coo~ County is the third member of the Detroit and lost the election by a small mar­ Curling Club to attain this high posi­ gin. tion and the first since 1930. A testi­ INDIANA monial dinner was given for Percy Patrick J. Fisher announces the Power November 17 by the members recent removal of his law offices to of the Detroit Club. 108 East Washington Building, Suite NEW JERSEY 802, Indianapolis. Edgar A. Donohue recently an­ MASSACHUSETTS nounced the formation of a partner­ Maj. Thomas W. Johnson of Lanes­ ship with Joseph F. Donohue for the borough has recently been ordered general practice of law at 25 High back to active duty with the Trans­ Street, Nutley 10. portation Corps. He is now stationed NEW YORK at Headquarters Pine Camp, New Maj. Lester T. Hubbard, for many York. years U. S. Commissioner for the Capt. Lewis H. Parks of Boston Northern District of New York, has 40 The JUDGE ADVOCATE JOURNAL removed his offices to 36 State Street, Military Justice for the armed forces Albany. which became effective May 31 of this A. Chalmers Mole recently announ­ year, according to Major General ced the removal of his law offices to Lyman P. Whitten, Commander in the 36th Floor of number One Wall Chief of the U. S. Northeast Com­ Street, New York 5, New York. mand, whose headquarters are at Sidney A. Wolff was elected a mem­ Pepperrell AFB. ber of the Board of Directors of the The court convened with the ex­ New York County Lawyers Associa­ press permission of the Secretary of tion·for a term of three years. the Air Force and the Secretary of · OKLAHOMA Navy and the occasion established a Gentry Lee recently left general precedent for the U. S. military practice in Tulsa to become General courts throughout the world. Counsel for Cities Service Oil Co. Mr. Members of the court were: Com­ Lee is now located in the Masonic mander Lewis F. Davis, USN, presi­ Building, Bartlesville. dent; Lt. Commander Stuart H. OREGON Smith, USN; Lt. Commander John . Colonel Benjamin G. Fleischman W. Powell, USN; Lt. Commmander served as General Chairman of Port­ John A. Anders, USN; Lieutenant land's Annual Military Ball held Ralph B. Grahl, Jr., USN; Lieutenant December 7th at their Shrine Audito­ John J. McGarvey, USNR; Lieute­ rium. nant (JG) Lemuel T. Moorman, TEXAS Medical Corps, USN. Col. H. Hollers and Col. Trueman Counsel members were: Captain O'Quinn, formerly City Attorney of George H. Cain, USAF, trial counsel; Austin, recently announced the for­ Lieutenant Norman E. Leach, USN, maticn of a partnership with offices in assistant trial counsel; Maj. Donald the Perry-Brooks Building, Austin. W. Paffel, USAF, defense counsel; Col. Hollers served with Gen. Betts in Lieutenant John W. Klohck, USN, the ETO during World War II and assistant defense counsel. Col. O'Qulnn was Judge Advocate of The law officer was Maj. James W. the 101st Airborne Division. Both are Strudwick, USAF. The order appoint­ active reservists~ Col. Hollers now ing the law officer, members and with the Air Force and Col. O'Qulnn counsel was signed by Captain F. R in the Army reserve. Schaede, USN, Commander of the U. NEWFOUNDLAND S. Navy Station, Argentia, Newfound­ HQ., U. S. Northeast Command­ land, after details were worked out by The first court martial to be com­ Lt. Colonel James M. McGarry, Jr., posed of members from more than one USAF, Judge Advocate of the U. S. armed force sat at Pepperrell Air Northeast Command, and Commander Force Base during the second week Richard E. Markham, USN, legal in October. Such combined courts are officer of the U. S. Naval Station at permitted under the Uniform Code of Argentia. The back pages of this issue contain a supplement to the Directory of Members, November 1950, and the supplement previously published in the ?.larch a11d July J,951, iseiues of the Journal. · The President Appoints State Chairmen for 1951-52 At the meeting of the Board of Directors called on October 26; 1951, at Washington, D. C., John Ritchie, III, President of the Association, appointed the following State Chairmen: Alabama - Leigh M. Clark, Birmingham. Arizona - John Paul Clark, Winslow. Arkansas - Edwin L. McHaney, Jr., Little Rock. California - Henry Clausen, San Francisco; James P. Brice, Los Angeles. Colorado - Milton J. Blake, Denver. Connecticut - -Max Traurig, Waterbury. Delaware - David F. Anderson, Wilmington. District of Columbia - Milton S. Kronheim, Jr. Florida - Jesse F. Warren, Jr., Tallahassee. Georgia - L. Aiton Hosch, Athens. Idaho - Abe McGregor Goff, Moscow. Illinois - Herbert J. Lindstrum, Belleville. Indiana - Vern W. Ruble, Bloomington. Iowa - James L. Bennett, Mapleton. Kansas - Richard F. Allen, Kansas City. Kentucky - William D. Becker, Louisville. Louisiana - Valentine Irion, Shreveport. Maine - James Desmond, Portland. Maryland - 0. Bowie Duckett, Jr., Baltimore. Massachusetts - Frederick L. Corcoran, Jr., Boston. Michigan - Percy J. Power, Detroit. Minnesota - Thomas E. Sands, Jr., Minneapolis. Mississippi - James T. Singley, Meridian. Missouri - Philip Maxeiner, St. Louis. Montana - Raymond Hildebrand, Glendive. Nebraska - Harold D. Lemar, Omaha. Nevada - Clel Georgetta, Reno. New Hampshire - Ralph Langdell, Manchester. New Jersey - Frank A. Verga, Jersey City. New Mexico - R. F. Deacon Arledge, Albuquerque. New York - Arthur Levitt, New York City; Alexander Pirnie, Utiea. North Carolina - E. Earl Rives, Greensboro. North Dakota - Everett E. Palmer, Williston. Ohio - Alan W. Moorman, Cincinnati. Oklahoma - Albert Kulp, Tulsa. Oregon - Francis T. Wade, Salem Pennsylvania - John Mel. Smith, Harrisburg. Rhode· Island - Sigmund W. Fischer, Jr. Providence. South Carolina - James F. Dreher, Columbia. South Dakota - Leo A. Temmey, Huron. Tennessee - William J. Bowe, Nashville. 42 The JUDGE ADVOCATE JOURNAL Texas - Leon Jaworski, Houston; Emmett L. Whitsett, Jr., San Antonio; Gordon Simpson, Dallas; Meade F. Griffin, Austin. Utah - Calvin Rampton, Salt Lake City. Vermont - Osmer Fitts, Brattleboro. Virginia - Douglas Robertson, Lynchburg. Washington - Ward W. Roney, Seattle. West Virginia - Walton Shepherd, Charleston. Wisconsin - Richard Hunter, Waukesha. Wyoming - Vincent T. Mulvaney, Cheyenne. Hawaii - Joseph V. Hodgson, Honolulu. * * * Committee Chairmen Appointed by President Colonel John Ritchie, III, appointed, with the consent of the Board of Directors, the following Chairmen of committees as indicated: Admiralty - Thomas F. Mount, Philadelphia, Pa. Amendment of By-laws - Albert S. Gerstein, Washington, D. C. Annual Meeting - Henry Clausen, San Francisco, California. Auditing Committee - Bartholomew Coyne, Washington, D. C. A viati on Law - Rowland Fixel, Baltimore, Maryland. Awards - Franklin Riter, Salt Lake City, Utah. Claims - Theodore Hetzler, New York City. Education - Mason Ladd, Iowa City, Iowa. Finance - Thomas Carney, Washington, D. C. Government Contracts - Alton Hosch, Athens, Ga. International Law - James Robinson, Washington, D. C. Legal Assistance - Harold D. Beatty, Haworth, New Jersey. Membership - Fred Wade, Washington, D. C. Military Affairs - Raymond Wearing, Chicago, Illinois. Military Government - Eli Nobleman, Arlington, Virginia. Military Justice - William J. Hughes, Jr. Washington, D. C. Military Reservations - Joseph H. Davis, Muncie, Indiana. Nominations - Gerritt W. Wesselink, Washington, D. C. Patents, Copyrights, Trademarks - Boynton Livingston, Washington, D. -c. Procurement- Frederick Greenman, New York City. Relations with Civil Authorities - John Mc!. Smith, Harrisburg, Pa. Selection of Reserve Personnel - Joseph F. O'Connell, Boston, Mass. Taxation - John W. Ahern, Washington, D. C. Training and Promotion of Reserves - Ralph G. Boyd, Boston, Mass. War Crimes - Edward H. Young, Washington, D. C. Publications - Richard H. Love, Washington, D. C. Legislative - Robert G. Burke, New York City. SUPPLEMENT TO DIRECTORY OF MEMBERS OF NOVEMBER, 1950 Note: This is not a cumulative supplement, but is to be used with the supple­ ment contained in Bulletin No. 7, March, 1951, and Bulletin No. 8, July, 1951, of the Judge Advocate Journal. NEW MEMBERS AND OTHERS NOT LISTED IN DIRECTORY OF NOVEMBER, 1950 Nicholas E. Allen Maj. Thomas J. Cameron l3 Blackistone Rd. 204-1 Third Street Washington 16, D. C. Fort Leavenworth, Kansas

, Capt. Robert E. Ashman William J. Chisholm 4223 W. 2nd A venue 1013 E. 17th Avenue Amarillo, Texas Denver, Colorado

Lt. Col. John L. Bacon Lt. Col. William R. Cohen 219 E. Quincy Street J A Sec., Hq. First Army San Antonio 2, Texas Governors Island, N. Y. 4, N. Y. ,Tames L. Bennett Mapleton, Iowa John V. Connorton 72 Wall Street Lt. Edward B. Bergman New York, New York 1631st Air Base Squadron APO 120, % Postmaster James W. Copleston New York, New York 100 Broad Street Hightstown, New Jersey Lt. Albert P. Blaustein 295 Madison A venue Lt. Robinson 0. Everett New York 17, New York Wing Legal Office Amarillo Air Force Base, Texas Capt. Louis M. Bruckner Box 45, Hq. 6603rd John V. Fels Air Base Wing, NEAC 1525 National City Bank Building APO 677, % Postmaster Cleveland, Ohio New York, New York Arthur K. Fuhrer Capt. George H. Cain 342 East 8th Street Hq. Northeast Air Command New York 9, New York APO 862, % Postmaster Lt. Tom D. Glazner Maj. Lucille Caldwell Wing Legal Office Sheppard Air Force Base 3320th Tech. Tng. Wing Wichita Falls, Texas Amarillo Air Force Base, Texas Lt. Col. Frank E. Callinan Franklin P. Gould 4273 So. 35th St., 707 Keyser Building Arlington, Virginia Baltimore 2, Maryland 44 The JUDGE ADVOCATE JOURNAL Lt. Col. George A. Gray Henry A. Leslie Hqs., Tenth Air Force 373 Belcher Drive Selfridge Air Force Base, Michigan Birmingham, Alabama

Edward J. Gunnigle 1st Lt. David H. R. Loughrie 24 Floral Park, New York 6600th Air Depot Wing Pepperrell Air Force Base Lt. Robert M. Haynes St. Johns, Newfoundland 903 Milam Street Amarillo, Texas Maj. Bernard E. MacBride 6646 Sedgwick Place John J. Horey Brookland 20, New York 9 Seneca Street Hornell, New York David M. Markowitz 261 Broadway Walter H. E. Jaeger New York 7, New York 314 Denrike Building Washington 5, D. C. Maj. Ernest Ray Mattoon 32 Adams· Street 1st Lt. Robert T. James Mascoutah, Illinois 3320th Tech. Tng. Wing Amarillo Air Force Base, Texas Lt. Col. James M. McGarry, Jr. Hq., NEAC Col. Stanley W. Jones APO 862, % Postmaster Staff Judge Advocate New York, New York Hqs., Seventh Army APO 46, % Postmaster Arthur E. McGrother · New York, New York 57-14 Myrtle Avenue Ridgewood 27, New York Lt. Bernard E. Kalman 264-08 82nd Avenue Lt. Ralph H. Moberley, Jr. Floral Park, New York 5728 Leavenworth Road Kansas City, Kansas Lt. William J. Kelly Hq. Sqdn., 3310th Tech. Trn. Wing. Cpl. Richter H. Moore, Jr. Scott Air Force Base, Illinois Mayo, South Carolina George A. Mueller John A. Kendrick 2555 S. Michigan Avenue 917 15th Street, N. W. Chicago 16. Illinois Washington, D. C. 1st Lt. Joseph W. Nelson David Kraushaar J A Section, First Army 2615 So. Walter Reed Drive Governors Island, N. · Y., N. Y. Arlington 6, Virginia Col. John. G. O'Brien Capt. Hubert A. Lafargue JAGC, Hq., USAR Pacific 3 Kircher Place APO 958, % Postmaster Belleville, Illinois San Francisco, California The JUDGE ADVOCATE JOURNAL 45 Maj. Donald W. Paffel Lt. Julius E. Slover Hq., NEAC, CJA 114 Elliott Avenue APO 862, % Postmaster Chaffee, Missouri New York, New York Lt. Malcolm B. Smith Ernest M. Page, Jr. Hq. Sqdn. 3310th Tech. Tng. Wing . P. 0. Box 16 Scott Air Force Base, Illinois Madison, Florida Walter B. Smith Bertram L; Podell 1417-20 Kentucky Home Life Bldg. 253 Broadway Louisville 2, Kentucky New York, New York Henry S. Stevens 619 Title & Trust Building 1st Lt. Lucius J. Polk, Jr. Phoenix, Arizona Base Postal Section Wichita Air Force Base Col. Charles G. Stevenson Wichita, Kansas Hq. New York National Guard 270 Broadway Capt. John A. Pullins New York 7, New York Hq. 1600th ATW Westover AFB, Massachusetts Maj. James W. Strudwick Hq. NEAC Lt. Colonel S. Ray, Jr. APO 862, % Postmaster Wing Legal Office New York, New York Amarillo Air Force Base, Texas Frank Surowitz Maj. Abraham S. Robinson Office of the Corporation Counsel Department of the Air Force Municipal Building JAGO, Room 5C 360, The Pentagon New York 7, New York' Washington 25, D. C. Capt. Herbert C. Swigert Lt. Colonel Charles E. Royer Staff Judge Advocate's ·0mce 491,8 Hampden·Lane Bolling Air Force Base Bethesda 14, Maryland Washington, D. C. Carroll R. Runyon Gilbert Walerstein 314 First Federal Building 1540 Broadway St. Petersburg, Florida New York 19, New York Capt. Kenelm L. Shirk, Jr. · Lt. Cmdr. R. W. Van Atta 33 North Duke Street 1109 S. Emerson Street Lancaster, Pennsylvania Arlington, Virginia CHANGES OF ADDRESS 1st Lt. Alan F. Asher George A. Barnes 5th Army, 5025 ASU Route 5 Fort Leavenworth, Kansas Brainerd, Minnesota 46 The JUDGE ADVOCATE JOURNAL Lt. Colonel Harold D. Beatty Bruno J. Di Cicco 359 Schraalenburgh Road 340 Main Street Maple Knolls Worcester, Massachusetts Haworth, New Jersey Charles L. Dollerhide Maj. Engelbert J. Berger Tech. Tng. AF BOJ AG, Fort Holabird Gulfport, Mississippi Baltimore 19, Maryland Edgar A. Donohue Richard A. Billups, Jr. 25 High Street 520 N. President Street Nutley 10, New Jersey Jackson, Mississippi Howard Epstein 501 Madison Avenue Milton J. Blake New York, New York Suite 422, Midland Savings Bldg. Denver 2, Colorado Col. Mariano A. Erana 6720 Glennbrook Road Ralph E. Boggess Bethesda 14, Maryland 222 N. E. 50th Oklahoma City, Oklahoma Patrick J. Fisher 108 East Washington Building Lt. Col. Wm. Rowe Cook, JAGC Suite 802 Hq. 45th Infantry Division Indianapolis, Indiana APO 86, %Postmaster San Francisco, California Rowland W. Fixel Mt. Vernon Park Apt. Hotel Colonel John H. Corridon 101 West Monument Street 7805 Takoma Avenue Baltimore, Maryland Washington 12, D. C. Col. William J. Flynn Capt. John D. Crocker Chief, Govt. Appellate Division 1629 Birch Street Office of the ·JAG Grand Prairie; Texas Dept. of the Army, The· Pentagon Washington 25, P. C. John Alvin Croghan Investment Building Warren Freedmari Washington 5, D. C. Grover Cleveland Apartments 108th Street James L. Davis Forest Hills, New York 618 E. & C. Building 17th & Curtis Streets Jarvis L. Gamble· Denver, Colorado 126 N. Hawthorne South Bend, Indiana Col. Charles L. Decker The JAG 5chool Albert S. Gerstein University of Virginia 5720 Massachusetts Ave., N. W. Charlottesville, Virginia Washington 16, D. C. The JUDGE ADVOCATE JOURNAL 47 Donald H. Grant Gentry Lee 6 Mill Street General Counsel Cooperstown, New York Cities Service Oil Company 408 Masonic Building Lt. Col. Herbert K. Greer Bartlesville, Oklahoma Office of the Chemical Corps The Pentagon Lt. Col. Herbert C. Leney Washington 25, D. C. J A Section, Hqs. VII Corps APO 107, % Postmaster Ray M. Harris New York, New York 874 N. Jackonsville Street Arlington Virginia Joseph Lesser 155 West 71st Street 1st Lt. Paul D. Hess, Jr. New York, New York Apt. D-1, University Gardens Charlottesville, Virginia Lt. Col. Maurice Levin 77 Clinton Street John Gareth Hitchcock Malverne, New York 1683 Skyline Drive Pittsburgh 27, Pennsylvania Michael L. Looney Wyatt Building Maj. Lester T. Hubbard 777 Fourteenth Street, N. W. 36 State Street Washington, D. C. Albany, New York John E. Miklos Capt. Richard S. Hudson 918 N. E. 3rd Avenue Hq. 7th Transp. Med. Port, APO 59 Gainesville, Florida % PM, S. F. California Maj. Thomas W. Johnson A. Chalmers Mole 36th Floor, One Wall Street Transportation Corps New York 5, New York Hq. Pine Camp, New York Fred S. Kotte, Jr. Troeman E.· O'Quinn . 2300 Windsor Road, East 7405 Brill Road · Austin· 3, Texas · Cincinnati 27, Ohio Robert S. Pasley Gregory G, Lagakos Park Drive Manor 12803 Valleywood Drive Philadelphia 44, Pennsylvania Glenmont Hills Silver Spring, Maryland Col. Robert L. Lancefield Hq. JAG Section Col. H. M. Peyton Fort Knox, Kentucky Army War College Carlisle Barracks, Pa. Lt. Helene P. Lawrence JA Section Hq. 7th Army Col. Alex Pisciotta Office of JAG, USAF APO 46, % Postmaster New York, New York Room 5D 319, The Pentagon Washington 25, D. C. 48 The JUDGE ADVOCATE JOURNAL Maj. Robert W. Reynolds George R. Taylor 549-112 Kearney DAC Attorney Advisor Fort Leavenworth, Kansas J A Section, Hq. SWC APO 15, % Postmaster Cecil A. Roley San Francisco, California 5901 Brann Street, Apt. B Oakland 5, California Lt. Col. John R. Turman J A Section, Hq. Joseph Sachter Camp Polk, Louisiana 120 Broadway New York 5, New York Col. Nicholas R. Voorhis Lt. Col. Waldemar A. Solf 7100 AU Hq. AMG Det. TRUST JA Div., Hq. EUCOM APO 209, % Postmaster APO 403, % Postmaster . New York, New York New York, New York Charles E. Wainwright Capt. Frank C. Stetson 4002 East West Highway JA Section, Gen. Hq. FECOM Washington 15, D. C. APO 500, %Postmaster San Francisco, California Lt. Col. William R. Ward Col. Robert M. Springer Qts. 313-3, 3rd Street Hq. J A Section, 4th Army Fort Leavenworth, Kansas Fort Sam Houston, Texas Judge William J. Wertz Lt. Col. John H. Sweberg Kansas Supreme Court % Sweberg & Kruschke Statehouse Rhinelander, Wisconsin Topeka, Kansas

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