ESTABLISHMENT OF MILITARY JUSTICE .

83 5
Q . How long were you on duty in the office of the Judge Advocate General?
A. I came on the 3d of April, 1914, and remained until the 10th of August ,
1918.
Q . What was your status in the office?A . Until the war came on I was an
ordinary assistant in the office . Then I went with the division and in Novem-
ber, 1917, came back and was a sort of a special assistant to the Acting Judg e
Advocate General, Gen . Ansell, and then when he went to Europe I was prac-
tically in the same position that Gen . Ansell had been ; that is, I signed myself
as Acting Judge Advocate General . Of course, that was a mere administrativ e
title.
Q . You were senior assistant and as such in the absence of the Judge Advocat e
General was the Acting Judge Advocate General?Yes, sir ; that was my
position .
Q . And you continued in this status until Gen. Ansell's return from Europe?
A . Yes, sir ; and then I went to Europe.
Q . You are familiar with General Orders, No . 7, of 1918, are you not?
A . Yes .
Q. What was the policy of the office relative to the application of Genera l
Orders, No. 7, prior to the time that Gen . Ansell went to Europe?A . I ca n
answer that only by what I found was going out of the office . When I took
charge of the office upon Gen . Ansell's departure I insisted, since I was responsi-
ble, that everything pass over my desk . In that way I found what had been goin g
on . The disciplinary division had not been sending its matter through u s
except, I might say, occasionally . I found that they were advising reviewin g
authorities with reference to matters clearly under the law, and under tha t
order within the discretion of the reviewing authority. General Orders, No. 7,
gives no room for such advice, neither does the law where punishments are dis -
-cretionary and where the law has not been vided . The discretion as to the
amount of punishment is in the court and the reviewing authority . I directe d
that such advices be stopped and the application of General Orders, No . 7,
be limited to its stated purpose. The assumption of an authority to advise a re -
viewing authority that a sentence is too heavy carries with it the necessar y
corollary that this office could advise a reviewing authority that the sentence was
too light and that would be unspeakable. It was for this reason that I directe d
that that be stopped .
Q . I understand you to state that you found the policy of the disciplinar y
division had been to make such recommendations?A . Yes. They had gotte n
into the habit of signing their reviews themselves . Col . Davis signed them and
sent them to the reviewing department . The great majority of them we never
saw in our part of the office, Gen . Ansell and I . They had a direct connection
with Gen . Crowder .
Q . You are referring now to the cases which came under General Orders ,
No . 7?-A. Yes.
Q . You are not referring to cases which were reviewed and went forward?
A . Not to the cases that go to the President ; no . I can not vouch for absolute
accuracy, but I think this statement will cover it, that those cases which wer e
forwarded by reviewing authorities having authority to take final action o n
theta were forwarded to The Judge Advocate General merely for the revie w
and advice directed by General Orders, No . 7, concerning which a letter woul d
go back to the reviewing authority, advising him as to the result of the exami-
nation, and upon which the reviewing authority would then take final action .
All these cases, with some exceptionsthere were some of them sent throug h
our desks--were acted upon by the disciplinary division and a letter sent to th e
reviewing authority by the disciplinary divison . All cases requiring the actio n
of the President were, I am quite sure, passed over our desks. There may hav e
been exceptions to that rule .
Q . Was it your understanding during that period that Gen . Ansell was
relieved from all responsibility with respect to the administration of militar y
justice and all matters pertaining to courts-martial?A . I have to answer
that question practically . There was no order relieving him, but the disci-
plinary division took things directly to Gen . Crowder and assumed to send ou t
these letters, whether by Gen . Crowder's knowledge or not I do not know . The
effect was to practically leave us out of the disciplinary cases except as the y
went up to the President .
Q. A's I understand from what you say, it practically left you out in so fa r
as pertained to the cases which came under General Orders, No . 7?
A . Yes, sir.