U.S. Military Criminal Law Archaic, Parallels Rigid Reichswehr Code
STERN, FRITZ
U.S. Military Criminal Law Archaic, Parallels Rigid Reichswehr Code By FRITZ STERN Author of "Notes on Military Criminal La*c." yVNE chapter in American justice has been very sadly neglected. ""^...
...peace and humanity...
...TV May Day meeting is being hsS under the auspices of the Uiutjl Labor aad Socialist stay Dty - Committee which is composed ? the S.D.F., S.P-, "Verband, Wo*, men's Circle, Federation of Jen* ish Trade Unions, and Mi?inof Workers Union...
...The latter, in turn, are based almost entirely upon the old British Mutiny Acts of 1689 and the British Articles of War of 1765...
...I -' But our great nation need not be'afraid of becoming involved in war against its will...
...He exercises an excessive influence in the work of the court so that it is virtually impossible for it to act as an independent judicial body...
...The court, of course, could have given him any sentence, from, a reprimand up...
...I think he was gone five or she days...
...It is an illusion to argue that the United States is safe from invasion, and therefore not affected by the . war's outcome...
...hut Why should American merchants he asked to exercise a police power wWeh duly belongs to the government...
...They gave him the heaviest sentence possible, dismissal from the Army, then turned around, and every one of them joined in a recommendation of clemency . . . thinking it could then be cut down, forgetting that it had to go dear up to the President, through all the machinery...
...Unless the totalitarian regimes are crushed, civilization cannot be preserved...
...Frank DoftsM, one of Am*, ica's leading fireworks experta, heads the staff which will pw-dure the "news of the -doy* M bursting rockets aad flares w Liberty Lake each night .|s _ 4 CMC...
...For the average number of the cases tried during ten years before the World War was 38,000 a year...
...the matiR...
...We sympathize with the administration's appeal to withhold shipments of certain commodities to Russia and Japan...
...was asiaasinated...
...it would '. force -us to gigantic armament in defense against a fascist Europe...
...Our enormous financial resources should be used generously to aid the democracies...
...Any peace conference, with the Nasi regime intact, would mean capitulation of the democracies aad would result in a fascist domination of Europe and an inuni.- nent danger to America...
...Offenses, as I remember, are defined, except in special eases, in very general terms only...
...The vital interests of mtigfan^ and France coincide with the interests of progress -and humanity...
...Stalin, when he made the 3>act with Hitter, turned on:the green light which permitted Hitler to go on the road to war...
...What is needed is a new code which will keep pace with present-day concepts of justtice on the highs democratic plane of many other laws in the United States...
...Any notion that Stalin may one day betray Hitler is irrelevant...
...Our laws do not prevent trade with Germany...
...The present United States' Articles of War trace not merely their origins, but their present form and substance to the Massachusetts Articles of War of 1775 and the American Articles of War of 1776...
...and the civil law, I was long ago convinced, and have . for many years maintained, that there is sot and never has been anything in our military system that deserves to be called military law...
...Clearly, these statistics furnish ample reason for an awakening of popular interest in the military criminal law of pur country...
...The preservation of our own liberties depends on the defeat ¦ of Hitler Germany...
...This war, started by Hitler in his desire for world dominion, must be fought out...
...Our public is never really interested in military affairs...
...VZ SOCIAL DEMOCRATS do not identify ourselves with the jm mu...
...Jobless Insurance Denied Co Jisorass Ifaiesssli " SACRAMENTO.—Union leaders here this week bitterly assailed a court decision which denied unemployment insurance benefits to AFL machinists who refuse to cross a picket line maintained by AFL welders...
...That was what I was about to call attention to...
...So universal was the feeling of dissatisfaction that some slight improvement was effected by amendment after the war, in 1920...
...Bciusdly important will be the presence of the United States at the peace conference, so as to help lay the foundation for- a jarttsnd permanent peace, and to cooperate with the other nations hV the solution yrf the stupendous economic problems which face thewprld...
...that the general treatment of accused soldiers is not according to the rigid limitations of Taw as embodied in the criminal code, but is according to the arbitrary discretion of the comnmnding officer in each case...
...If the moral embargo is Justified (and it is), then the embargo should be made effective by proper government action...
...jg...
...And one trial during-the World War may follow as an example, according to the report of Colonel Rigby of September 44, 1919: "I have in miad a particular case that I remember when I was" reviewing officers' cases, where an officer was charged with being absent without leave...
...I refer to the military criminal law...
...that the Judge Advocate General's office either gsTrlralrriff in the attitude of severity or makes no attempt to ' cheek it by revisory action...
...Labor rung up two victories in state and f ed-eral courts in the state this week...
...Bolshevist Russia belongs in the same category as Nazi Germany...
...that the stescnees imposed by eourts-martial are as a nde excessively severe...
...He was just reporting, and they had no quarters for him and sent him away temporarily, and he was taken down with the "flu" and was sick in bed...
...The Articles of War are still built on the principle that military justice is a part of military discipline, and that it represents an aspect of the power bf the commander...
...neutral states fear to take a stand...
...HOLD MAT DAY RALLY ? «*y hi...
...It is perfectly understandable that the «mal...
...There are even more pressing reasons for such an interest...
...He was charged with absence without leave, and was tried...
...any consistent social concepts (the same and General Ansell...
...World's Fair...
...our.aloofneas from Europe after the World War made it impossible for us to restrain 'the victors from their harsh treatment of the young German Republic, a policy which was partly responsible for the rise of Nazism...
...A comparison of the military criminal laws of the different nations with that of the United States reveals the greatest similarity m procedure between the American and the German system...
...During the World War, when our military criminal system was operating at its best it was almost from the first, the subject of widespread protest...
...V. HALUSHKA | CHICAGO...
...This point of view may have been appropriate to various periods in ancient history...
...it is too .powerful to invite any hostile act while Germany has her hands full...
...From its nt**e, *» biggest ever built in Ameriss,-three hundred actors, dancer* as» singers as well as a troupe «f trained horses, Americans wfii catch the rhythm of the Vim i issa Way from the War of Iadopeaf ence to modern times, as told as gay music and homespun comesy...
...England and France went far, perhaps too far, in yielding to Hitler in their desire to preserve .peace...
...Worse still, it hampers the shipment of necessary supplies to the Allies...
...One after another, legal authorities appeared before the Subcommittee to testify that the American military criminal Taw is •no law at all /.Major J. E. Runcie), and that it is not based or...
...Military criminal law is a matter of tremendous importance today to the general public...
...In general, the American Military Criminal Law is overripe for a systematic modernization...
...Bolshevist "Russia is Nazi Germany's actual ally, and is an equally dangerous, enemy, to...
...From the statement of Major J. E. Runcie of August t, 1919: "I would like to say that after a long experience of both the military law...
...Fair Jubiler To Show U.S Landmarks Construction is under way-??r-" America* Jubilee...
...democracy...
...Even in times of peace the figures are not inconsequential...
...Moreover, without resort to war, ove can do much more than we have done jet to further . the- eaase of .civilization in ibis-crisis...
...The bun*, ings reproduced in exact detail include such landmarks as la old New York City Hall of 17% Ford Theatre, where Abraham Liner.fr...
...War was finally forced upon them by Nasi Germany's ItmHJees desire for conquests...
...the tragic fate «f small nations is due to the complete lack of collective security, and for this we share the blame...
...above oil, the Atlantic Ocean is -no barrier to fascist ideas whose influx could not be checked if the democracies were defeated...
...that trade is hampered only by the action of the Allied ¦Srtui "However, -considerable shipments reach Germany via Russia...
...He was sick, I suppose, was the reason, but, at any rate, he did net take the trouble to have anybody telephone, and no report was made of the cause of his absence, and he came back five or six days late...
...Of particular interest axe the hearings held in 1919 before the Subcommittee of the Military' Affairs Committee of the Senate on, the establishment of military justice...
...K :i ; ".?aV Hitler victory would mean intensification of competition of totalitarian economic systems, with their wage economies and low wage and work standards against American economy with con-segaent deepening of the depression [in this country...
...not only oat of solidarity with the working people of She dictatorships and the democracies, who both need America's support, but because' such a policy iis necessary, if the welfare of .the American people is to be serveiB and our free institutions .are 1 by he maintained...
...Now that the war is-raging and milixation is at stake, our duty is more dear than ever...
...k- ¦ - As Social Democrats, true, to our...
...We should go further...
...governments of 'England and France...
...TPHE overwhelming majority of the people hi all free countries, * including our own, share out desire for the defeat of Nasi ' Germany...
...Sneakers will k representatives of the Sochi Democratic Federation, Socialist Party and trade unions...
...This is not an imperialist war...
...Russia's war against Finland paved the way for Hitler's recent inyasion of Scandinavia which the Bolshevik press now applauds...
...The United States cannot escape a share of responsibility for the present state of affairs...
...the .'Allies are fighting not only for^-the preservation of their empires, -but for then- very existence, and in doing so they are fighting to put a stop to international lawlessness...
...e» * FROM the statement of General Ansell of August 25, 1919: "The truth of the matter is that we do not regard the enlisted men of the Army as really human beings, per sobs who can suffer, and who when properly appealed to, can respond—can actually move mountains through that appeal—but as property...
...It is a complete, anachronism in the light of present-day views of justice and-its administration...
...A'world power such as the "United States must fearlessly play its part in this crisis in order to hasten the end of the war and ?asure the yictory of "tiie democracies...
...This flows largely from the similarity in the position accorded the commander in each system...
...Ottr professions of sympathy with Finland, appear hypocritical, in view of the weeks of wrangling in Congress whether a «senil lean -might be made and the restriction of thefunds to non-military purchases...
...tradition, we abhor war...
...In accord with the international socialist and labor movement, including the German Social Democratic Party, we therefore wteaeheartediy support the Allied cause...
...n rr-— active policy on the part of our country in collaboration with the governments and peoples who did not desire this war ntigbt well have deterred Hitler from unleashing the present conflict...
...Russia's invasion of Poland gave thai country the igual 'death blow...
...but a state of facts which contains no element of military offense may be described as a military offense, and the accused be brought to trial, convicted and punished...
...extravaganza which sets 4s* pass for the goared-up tempo of the n. Jew seas' fun xoae a* the SN...
...General Ansell reported that when the War Department requested suggestions for an improvement of the law: "about 20.000 alterations were recommended, not systematic, not substantial,*''to revise the full substance of the law...
...We refuse, however, to join the chorus of those who demand that we must stay out of war under all circumstances...
...In Madera County, the Federal Court enjoined local authorities from enforcing an Associated Farmer-backed ordinance banning picketing and auto caravans...
...Anyone -who at this time demands that we stand .aloof from the European conflict, whether he be « short-sighted isolationist or a JWoU-meaning pacifist, is actually helping the cause of the dictators as much as a Common azi agent of foreign despotism...
...There we fad the reasons for the great number of complaints...
...And for a period of more than a century and a half there has been~"no substantial change in our system of criminal law for the military...
...it even is in some articles contrary te the terms of the Constitution...
...we differ fun-' damentally with their social and economic outlook...
...During the World War 350,000 cases were tried by American courts-martial...
...The revised Neutrality Act, by forbidding our ships to enter the combat zone and by embodying the cash-and-carry clause, has tJTfisaifcaaiiil principies for which we had stood through all our history...
...Bar-Tram's Museum and Astor Hobs*, acasere of Kow York's Fpsrtisf •gaiety in the 19th center?-, Produced by a coll?boratioa%| some of the outstanding nanas in the theatre, the forty-eent «past?ele occupies the entire sosjk end of the Great White Way am has seven thousand seats un<s* us flag-decked canopies...
...Auditorium, 333 South Ashlsjl Blvd., on Wednesday eveidjfe (7:30 p. m.)r May 1. The popatr Workmen's Chele Chorus ass the Bohemian orchestra utt furnish the musical features Sf the program...
...But we realise that democracy must be preserved as-a prerequisite for social progress...
...Resolution on I The U.S...
...Our absence from the Jjeagwe of Nations weakened it from the start and contributed to make it ineffective « an instrument of peace...
...that is the -. issue now...
...The United States must translate her sympathies into action, and act in accordance with bier own and humanity's interests...
...It is high time that the people of the Tll1p.lt 111 all i recognize this fact and that our government embark on a determined policy In favor of the cause of democracy...
...and the War {Adapted <rt the New YorkCUji Convention - -Vfthe Soriml ©emoer?ffc Pedet&t??*, April 21, 1940) NAZI GERMANY'S invasion of Denmark and Norway again demonstrates what would be in store for all free countries if Hitler should win the war...
...What the small neutrals do, the United States afsoati -surely dore do—that is, permit her merchant marine to trade with the Allies...
...To prevent this flow, an embargo should be placed on all shipments of war goods to both these countries...
...The most important of them are the following: "that the military code itself is not modern and enlightened, but is an archaic code which systematically belongs to medieval times...
...We voice these demands for an energetic policy in favor of •tfce-Alhes...
...Labor Wins in Two California Decisions LOS ANGELES...
...The first full-sized reproductions of historical buildings ever made for stage sets will be asJh in "Aawricen Jubilee...
...V^ENERAL CROWDER, though trying to defend the system then prevalent, summarizes the complaints in fourteen points...
...Bat there is one thing 'mat is far worse than war, and that is slavery...
...Chicago Socialists and -progressive trait unionists will hold a United Ms...
...it would . enable Nazi Germany to get a foothold in Latin America...
...We do not ask that oar country enter the war...
...i * ?NDEED...
...S.D.F...
...k...
...V-*6aly-if our.country does hertahare now, will she then be able'to make her influence felt...
...Day Celebration at the A.CM...
...SOCIALISTS, UNlO...
Vol. 23 • April 1940 • No. 17
