$22 ESTABLISHMENT OF MILITARY JUSTICE .

EXHIBIT 23.

WASHINGTON, D . C ., March 18, 1919 .

Maj . William H. Keith, United States Army, being first duly sworn, was in-
terrogated by Maj . Gen . J . L. Chamberlain, Inspector General, and testified a s
follows :
Q . What is your name, rank, organization, and duty?A . William H. Keit h
major, United States Army ; on duty with Purchase, Storage and Traffic Di -
vision, General Staff.
Q . How long were you chief clerk of the Office of the Judge Advocate Gen-
eral?A . I think June 1, 1914, I was appointed and resigned September 17 ,
1918 .
Q . Were you chief clerk during November, 1917?A . Yes .
Q . You are familiar with a controversy which took place in the Office of the
Judge Advocate General about that time with respect to interpretation of cer-
tain sections of the Revised Statutes and other matters?A . Well, I can't say
that I am familiar with it, General.
Q . You know that there was such a controversy?A . I know that a discus-
sion took place in the Military Justice Division . I was chief clerk of the whol e
division and it just came to me casually .
Q . I have before me an office circular, Judge Advocate General 's Office ,
dated April 10, 1918, which gives the organization of the office of the Judge
Advocate General's Department . Do you recognize that circular?A . Yes.
Q . Could you tell me by whom that was prepared?A . I am not sure of it,
General, but I believe it was prepared by Col . Spiller .
Q . From your knowledge of the office I would like you to tell me whethe r
or not that circular shows an organization which at the time existed in th e
office, and which had previously existed, or whether it refers to the results o f
a reorganization of the office differing materialy from the organization whic h
had existed?A . This was the general organization that had been in existence
for some little time. There were details in changes coming from time to time ,
denending upon the nature of the work or the duties assigned - to the variou s
offices.
Q. Referring to paragraph A of this order, which has to do with the routin g
of papers, does that give a correct statement of the method then in force an d
-which had been in force prior to that time?A . It gives in a general way the
-usual practice that has been in existence for some time . In this particula r
section here Col . Mayes was detailed as an assistant to Gen . Ansell, and paper s
passed into Col. Mayes's desk to be O . K .'d and would go on to Gen . Ansell an d
then to Gen . Crowder, as the case may be .
Q . Is that the policy which was followed between November, 1917, and th e
date of this order?A . I don't know just the date Col . Mayes was detailed on
that ; it was some time, one of those dates . It had not been done like that be -
fore .
Q . How had it been done before this?A . Before that the papers would
come back O . K .'d, and then they were to be charged out to the various divi-
sions to which they pertained, and then when the papers were completed an d
prepared they would be sent again to the Judge Advocate General or th e
Actin g Judge Advocate General, as the case may be .
Q. Why do you say " as the case may be "?A . If the Judge Advocate Gen-
eral was there they were sent to him ; if the Acting Judge Advocate General,
they were sent to him .
Q . In case both Gen . Crowder, the Judge Advocate General, and Gen . Ansell ,
the senior assistant, were present, .would those cases probably go through Gen .
Ansell before going to the Judge Advocate General?A . Yes . They woul d
pass in to Gen . Ansell, then when Gen . Crowder's time was taken up, mostl y
with the other office, he had Col . Mayes in to act as his assistant, to review th e
papers as they came in .
Q . During that period, did all important papers pass through the office o f
Gen . Ansell before going to Gen . Crowder? I am speaking now particularl y
of the papers which pertained to the Division of Military Justice.A . Well ,
now, I wou'd not know about that, General .
Q. In November, 1917, an order was issued detailing Gen . Ansell as Acting
Judge Advocate General ; subsequently, a few days after, that order was re-
voked and about that time Gen . Crowder took up the duties of the office, whic h
.up to that time he had to a great extent been leaving to Gen . Ansell . Is tha t
correct?A . Yes, sir .