(2) Jurisdiction of Special and General Courts.-The revision of Article 12 permits the appointing authority to send any case to a special court-martial instead of a general court. Many offenses are capital in time of war and under the 1916 Revision all such offenses are triable only before a general court. This revision gives the appointing authority power to send such cases to a special court if he believes that it is for the good of the service, for example, those cases of desertion in which it can be foreseen that even a general court would give only a nominal punishment.

On January 22, 1919 the President issued an order that general courts could very properly observe peace-time limits, but that was merely a hint to "go easy" in cases which were capital only in name. The amendment will enable the commanding officers to dispense with unnecessary general courts.

(3) Charges and Trials.-Article 70 formerly limited confinement prior to charges to eight days and required trial within ten days, except that where the interests of the service required, trial might be postponed for a total of 40 days; otherwise the arrest ceased. The amended article requires charges and specifications signed by a person subject to military law but under oath that he has knowledge of or has investigated the matters set forth. No charges are to be referred for trial until an investigation is had at which the accused shall have opportunity to cross-examine witnesses and to present evidence in his own behalf. If the charges are thereafter sent to a court they shall be accompanied by a statement of the substance of the testimony taken. Before directing the trial of a charge by a general court the appointing authority shall refer it to his Staff Judge Advocate for consideration. Immediate steps must be taken to try an accused who is arrested. Officers responsible for unnecessary delay are subject to court-martial.

(4) Defense Counsel.-Article 17 provides that the accused, in addition to the right to have civil or military counsel of his own selection, shall be represented by the Defense Counsel appointed for the court. If accused has his own counsel the Defense Counsel shall, if accused desires, act as associated counsel.

(5) Pleas of Guilty.-There is added a provision that even after a plea of guilty if the accused makes a statement inconsistent therewith, or if it appears to the court that the plea was entered improvidently, without understanding of its effect, the court shall proceed as if a plea of not guilty had been entered.

(6) Procedure of Court.-Article 31 adds several new provisions. The vote of the members of the court on findings and sentence is to be taken on a secret written ballot. The law member "may rule in open court upon interlocutory questions." His ruling on objections to the admissibility of evidence are final,

but his other rulings are subject to the decision of a majority of the court in closed session. Certain military and other nontechnical legal objections to the admissibility of evidence are excepted from this provision. Article 38 is amended by providing that the regulations to be prescribed by the President shall, so far as he deems practicable, apply to the rules of evidence generally recognized in the trial of criminal cases in the United States District Courts.

(7) Review of Acquittals-Article 29 adds a new provision that a verdict of acquittal shall be announced by the court. Article 40 adds a provision that no proceeding in which the accused is found guilty shall be considered a trial for the purpose of this article until the reviewing or confirming authority has taken final action. This article also forbids returning a record to a court for reconsideration of an acquittal, finding of not guilty, or a sentence, with a view to increasing its severity; and no court is permitted to reconsider its acquittal, or finding of not guilty, or a sentence for the purpose of increasing its severity. This sets aside the power given by the 1916 Revision to set aside acquittals. The action of camp commanders in reversing verdicts of acquittal was one of the causes of the severe criticism by lawyers of the administration of military justice during the war.

(8) Vote Required.-Death sentences required unanimous vote instead of a two-thirds vote. Confinement for more than ten years requires a three-fourths vote. This is new. All other sentences require a two-thirds vote instead of a majority. majority. This sets aside the majority verdicts in such cases permitted by the 1916 Revision.

(9) Review and Rehearing.-A new Article 50 is added, providing for a board of review in the Judge Advocate-General's Office. Every sentence requiring the approval of the President must first be submitted to this board, and its written opinion shall be forwarded by the Judge Advocate-General with his recommendations to the Secretary for the President's action. No sentence involving death, dismissal, or confinement in a penitentiary shall be executed until the board of review, with the approval of the Judge Advocate, holds the record legally sufficient to support the sentence. If the board of review holds the record legally insufficient, or finds errors injuriously affecting the substantial rights of the accused, and the Judge Advocate-General agrees with the board, the findings or sentence shall be vacated and the record transmitted to the convening authority for rehearing or other proper action. If the Judge Advocate does not agree with such an opinion of the board he shall forward the papers, with his dissent, to the Secretary for the President's action. When the President or any reviewing or confirming authority disputes or vacates a sentence he may authorize or

direct a rehearing. The court which rehears shall be composed of officers not members of the first court. The accused shall not be retried for any offense of which he was found not guilty, but no greater sentence shall be imposed; and such a rehearing shall be had in all cases where the board of review and Judge AdvocateGeneral has vacated a finding, unless in accord with the recommendations of the Judge Advocate-General the finding is approved in part or the case is dismissed. The record on rehearing shall also be submitted to the board of review as in the case of an original hearing. Provision is also made for the establishment of a branch office of the Judge Advocate-General, with power to establish a board of review for distant commands.

is:

Generally the effect of the changes made by the 1920 Revision

(1) Requirement of more expert law knowledge in every phase of a court-martial trial; for example, investigation before trial, counsel for defense, provision for trial with a law member to pass on law questions, and a real review of questions of law by the Judge Advocate-General's Office.

(2) Requirement of unanimous vote in capital cases and almost unanimous in other serious cases.

(3) Prevents final action in any serious case until action of the President or of the Judge Advocate-General and the board of review has been had (Art. 501).

As a further impetus to good government Congress has created (66th, Res. 54) a joint commission to reorganize the administrative branch of the government "to the end that there shall be achieved the largest possible measure of efficiency and economy in the conduct of government business." Another illustration of the same purpose is found in the Budget Bill which, after being vetoed by President Wilson because it violated his conception of the constitutional distribution of governmental functions by vesting in the Congress alone power to remove the ComptrollerGeneral, has now, with slight changes, become a law. It creates a Budget Bureau in the Treasury Department, but under the direct control of the President, to correlate and revise the estimates for appropriations submitted annually by the executive departments. It puts no restriction on the discretion of Congress in the matter of appropriations and it furnishes a central executive agency to control the requests for appropriations submitted by various branches of the government. At the same time it seeks to establish a more independent audit of federal expenditures by securing a more permanent tenure to the ComptrollerGeneral, freeing him from control by the executive and coordinates under him the various auditing functions.

Anticipating the adoption of a budget procedure the House (66th, Res. 324) amended its rules to establish one Appropriation

Committee of 35 members in place of the 14 committees previously empowered to report appropriation bills.

An interesting provision apparently intended for the settlement of family quarrels in executive circles but which may lead to results not clearly foreseen by Congress, is found in a section of the Merchant Marine Act (66th, 261) which authorizes the Shipping Board to request any branch of the government to suspend, modify or annul rules or regulations, or make new rules affecting shipping in the foreign trade, except rules relating to the Public Health Service, the Consular Service, or the Steamboat Inspection Service. If the request is not granted an appeal is to be taken to the President, who is authorized to establish, suspend, modify or annul the rule or regulation. In the future no new rule or regulation "affecting" shipping in the foreign trade (with the same exceptions) is to be established until after submission to the Shipping Board for its approval, and final action by the board, or the President on appeal. The effect of this section seems to be to transfer to the President from such important agencies as the Interstate Commerce Commission, the Commissioner of Internal Revenue, and the Secretary of Commerce, many questions of vital importance which have hitherto been subject to the President's control only through his power of removing the officer in charge.

An important delegation of legislation power is contained in the same section, which empowers the board to make regulations, not in conflict with law, affecting shipping in the foreign trade, in order to meet disadvantages resulting from foreign laws or regulations or from practices of foreign vessels.

Despite the fact that the United States has not yet ratified the German and Austrian Treaties Congress (66th, Res. 64) has terminated much of the war legislation. The most important acts excepted from the provisions of this resolution and, therefore, continued in force, are the District of Columbia Rent Law and the Trading with the Enemy Act, including the provisions for custody of enemy property. Congress had previously (66th, No. 261) in the Merchant Marine Act repealed most of the war powers granted to the executive in relation to the acquisition and control of shipping.

As a temporary check on immigration, effective until June 30, 1922, Congress (67th, No. 5) limited "the number of aliens of any nationality who may be admitted. . . . in any fiscal year to three per cent of the number of foreign born persons of such nationality resident in the United States as determined by the . . . . census of 1910." The most important exception to the application of this rule for determining the right of aliens to enter the United States is found in the provision that

the act does not apply to nor effect aliens from countries, immigration from which is regulated by "treaties or agreements," dealing solely with immigration to countries within the Asiatic barred zone. This prevents the application of the proportional rule to aliens from the Orient. It is interesting to note that when this scheme was first submitted to Congress a few years ago it was intended to remove the friction arising from the exclusion of Orientals, while still limiting strictly the number of such aliens admissible. In other words, the proponents of the proportional rule sought to apply to all aliens an harmonious rule, avoiding discrimination against the Orientals while at the same time strictly limiting the number admissible by reference to the number resident in this country. Congress now makes use of this expedient to limit immigration generally but avoids its non-discriminating features by excepting Orientals from its provisions.

The power of administrative officials to deport aliens was extended by an act (66th, No. 197) providing that aliens convicted of violation of any of our war legislation may be deported by the Secretary of Labor if he finds them to be undesirable residents, and by (66th, No. 262) providing that mere membership in an anarchistic organization is ground for deportation. Contributions for use in spreading anarchistical doctrines is declared to constitute the teaching of such doctrines.

The committee has under consideration the possibility of substituting for its Annual Report on Noteworthy Changes in Statute Law current discussions in the JOURNAL of the Association of important new statutes. While the comprehensive record which the committee has tried to make in past years may be valuable for reference purposes, it is obvious that for the general information of the members of the Association the JOURNAL offers a better medium for comment on current legislation. the editors of the JOURNAL can arrange to take over this work the committee will probably recommend that it be discontinued in the near future.

If

It is the intention of the committee to prepare for the Year Book of the Association a final report reviewing the legislation of the 1921 sessions.

Respectfully submitted

THOMAS I. PARKINSON, Chairman,
GEORGE CLAPPERTON,

WILLIAM M. HARGEST,

JOHN J. SULLIVAN,

CHARLES M. HEPBURN.