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ALL MERCHANDISE ADVER. TISED IN THE TRIBUNE IS GUARANTEED ftfetnStftK <?&& Vol. T..XXIX No. 26,446 ICopyrljrht, 1919, New York Trlbune Ine.l First to Last-the Truth: News ? EditoWals - Advertisements i&fi\mnt WEATHER Partly Cloudy To-day; Fair To-morrow. Gentle Shifting Wind*. I'ull Report ou I'sjf 14 SUNPAY, APRXL 13, 1019-NI^E~1>ART8^84 PAGES-PARTO I AXD II FIVE CEXTS ?E YnrU Clt-w Courts Martial Unjust, Say Ex-Judge Advocates Ninc-Tenths of Cases Imposed Sentences 400 Per Cent Higher Than Justified, They Assert Col. Ansell Lauded ForExposingSystem Soldiers' Rights Under Ariny Law Returned to Him, Report Declares Xinety per cent of all cases tried by courts martial in the Untted States army have hitherto resulted in injus? tice. This is thc opinion stated yester day by the Ex-Judge Advocate Com mittee on Military Justice, which has been sitting secretly in New York. Sentences imposed by the military courts were more than 400 per cent higher than they should have been, the committee declared. Military justice, as thus meted out in this country, was arraigned as "Prussian, not American," in the state ment of the committee, sent out by Roscoe Stewart, temporary secretary. To bear out its contention that en listed men of ..he army had no redress against grave injusticc, the committee quoted the facts of twenty-five con crete cases which had been ground out of the military courts. Colonel Ansell Praised In one of these cases a man was sen tenced to ten years at Fort Leaven worth for openly leaving barracks and being away one day on a visit to his family. For equally trivial offcnces men were given terms ranging from five years upward. In some of the j cases the man was not cven heard in bis own defence. The committee praised the work of Lieutenant Colonel Ansell for his crea tiort of a clcrnency board to pass on sentences, but declared that it gave to the soldiers rights which never should have been taken from them. It declared that ha had been "rcduced from the grade of brigadier general to lieu? tenant colonel for his exposure of the | injustice of the court martial system.", The statement, in part, follows: "The ngures given out by the War De partnirrtt are thac the clemency board to date has considered l,fiS3 cases, that it has rceommended clemency in 1,521 cases and that it has recommonded thc leduction of the averagc sentence from BQven years and four months to one year and nine months, or a total of 9,329 years from the aggrcgate sen? tences imposed. "Thc creation of the clemency board was the last important official act of Lieutenant Colonel Ansell whon he wao acting as the judge advocate general and before he was reduced from the grsde of brigadier general to lieutenant colonel for his exposure of the injus- , tiee of the court martial system. "After he had been unsuccessful in j his efforts in the War Department to , secure authority for the judge advo- ' cate general on review of court mar tial rtcords to revise and modify the ! ftndings of court martial as the law \ and cvidence demanded, and he saw that thousands of men were under going unjust punishment because there ! was no authority to cut down the sen- ! tences imposed upon them, he rceom? mended to the Secretary of War that a board of clemency be created to con- I sider the cases of all men who were in eonfinement and decrease the scn- ! tences where they were found to be excessive. I "This recomrnendation was adopted oy feecretary Baker and the board be gan to function on or about February 1. : Men Had No Hedress "As a result of the defects of the *T?ent system of military justice it ?si seen from the work of the clemency1 board that soldiers have no adequate Protection against unjust convictions and senunces except as the hand of clemency may be extended to them, m2?J? do,not "ceive justice as a *T?r of r,*ht bot of executive favor. the prescr.t system makes the gov ???ent of the United Sutes an auto SSSS*5??!unme?t which dealH withi SaSfcB?katber than with citi?ns. Al- I - the govemment is a popular citizens called to the ttSi d and protect W *[ tl2ti,"k*<rtei HayH t0 them: '' admit ?'h?. i ? * "one an '"Justice to vou, ??nai i Have tried vou unfairly and have Mntenced you unfairly. In my mercy vou- w ?*je ' Wl11 f'xtend clemency to ',,,'. do not choose there is no re ? i .or you.' Sueh a system is I'tuh u4',n<'* American. l? he clemency board is giving rights ( h*vl u H,IdI?" which never should 112 iJ*n.t*ken f?m them. But SUD tnA il"" . ard hft<1 not b??n created *a? that there had been no Ansell, a """> With human instincts, to rise upl 2?"?*t the system t.hose men would 2? haU lr> continue to serve out their Sif1"*?' Wlth no ,aw to secure them ???r?*s for the injustice done to them. , lawyer Cites Injustice i?.iv ]*'}"r ?*"**? r?e?'ved by the com l:'V** ,from ? eivillan lawyer iilus mtV\A L,r? "P" ?a,,', what these men ?}? "**'? b?n UP against: , in the feii of li?ii i, bH a ctvfllan tawT : ttnt*rtook in ^'^half of th<- ae **?!, to sbtaiti k rehearing of certain Sui'*', '''"'V' '^rt.v.A cases. At the CISJS r'*' "f ?*8,'J cases a youne: and "jxnence.J seeond lieutenant with-; ELtSf kBo*'?4?? of law had been ap- i B?**, over the objectlon of ea?h of ?fii?-.t*u**<'; to ?"*present or rather tZE2t'Wi ??"""? Th?r? v"!r' m??y" tH.F. tie" *',,J ?Tors of law in said I ttidii,' ** W*U *" ,n th* vrocenAinftn IrUt., UP .l* *"d ??hsef|uent to Ihe a ii.' *ri'' *h* court 't"*" ??<??"' "'"'"' ?wueoneeption of the law and of the EKe? ' 5ti"n [Mt "f ,h" 'tevi^d ik/i,/th^n,l,<')'t? th* ???u?*d were d? fECj*^*'" rights gu?r?nt?ad by the Cmttinufd an vayn eight ' Soldier Got 10 Years For 1 Day's Ahsence |_f KRF, are the facts in one case of United States army court mar shal "justice": W. L. Nelson, private, 165th In fantry, absent without leave for one day, was in uniform and had gone home to visit parents. Record states that. he niade nr> cfTort nt conccal mcnt. Sontcnced to ten ycars in the disciplinary barracks at Fort Lcav cnworth. Twenty ycars old, with good record in eivilian life. Also given suspended sentence of dis honorable discharge from army Landlords To Be Grilled 011 Rent Increases Committee Headed by Rev. A. Ray Petty to Use "Piti less Publiqity" as Weapon in Fight With Profiteers Rent profiteers will be attacked by three separate agencies thi i wcek. The moves against apartment owners charged with unfairly increasing rents to their tenants are: | Appointment of a special commit? tee, headed by the Rev. A. Ray Petty, pastor of the Judson Memorial Church, which probably will hold pub lic sessions at which landlords will be given an opportunity to explain. 2 Conference of legislators, magis trates and tenants at \l o'clock thia afternoon in the Bronx County Uemocratic headquarters, 802 Tremont j Avenue, to devise means of forcing apartment house owners in The Bronx specifically and in the state generally to keep their profits down to u reason ablo figure. Q The Ccntral Federated Unions, rep resenting every labor organization in N'cw York, will call upon Governor Smlth to send a special mesaage to the Legislature asking for action against rent, profUeerB. Flrnt Called Mo?t Important Of theso three steps the flrat is looked upon by the occupants of apart ments whoso rents are still soaring skyward as the most important. The appointment of the committee flrst was auggeated by Mayor Hylun | in a letter to Nathan Hirsch, ehairman : of the Mayor's Committee on Taxa tion. * Officially the new body will be n [ Bub-committeo of tho tax body, but it will have a separate organization and will work on its own responsibility, with the sole purpose of forcing rents down to something approaching nor mal figures. The committee, as suggested- by the Mayor, will include: The Rev. A. Ray Petty, pastor of Judson Memorial Church. Kdward T. Hanna'n, president Cen tral Federated Unions. Peter J, Brady, president Allied Printers' Trades Council, Henry Bloch, lawyer, 99 Nassau Rtreet. The Mayor concluded his note to Mr. Ilirsch with this sugpe?tion as to methods of proceeding: "To investi gate and take such means aa would be lawful and proper to put an end to a condition which is most despicable in the eyes of all our citizens." Meeting Called for Monday Mr. Ilirsch immediately appointed the committee and called a meeting to be held in his office In the Municipal Building to-morrow afternoon. While rnembers of the committee were reti cent about discussing their plans prior to their first meeting, it was agreed that the most obvious method of tight ing extortionate rentals was by the use of publicity. If landlords are forced to submit to cross-examinations as to their reasons for increasing rents, in some instances as much as 100 per ccnt in two years, it is considered unlikely that they would take such action without giving the subject ample consideration. "Of course, we haven't begun our work and it is impossiblc to say def initely what will be done," said Dr. Petty. "As conditions lo?k now, it would secm that there was consider able justice in the complaints of the tenants. Ilowever, we cannot suggest iCKislation or any specitic action until a full investigation has been made. We will know juKt how that will procccd aftcr Monday's conference." Conference In The Bronx This afternoon':; conferenco in The Bronx will consider the complaints of Bronx tenants rathcr than the gcneral renting conditions, because it is charged by the tenants that they have, been gouged with less mercy than have those in other sections of the city. The meating. which was called by Joacph M. Callahan, thairman of the Bronx County Democratic Committee, will reach eoncluaiona as to mothods Of proeadure, and probably will ask the Lagialatura for Immediato action againxt profiteers. "This is n disgraceful condition that mu?t be met immediately," said Mr. Callahan. "Tenants are belng mulctcd bayond all raaaon. Many are rendored bomalMI. The 1-rKinlnture cun handle this situation rnore readily than any other agancy. Some maaeura ran bfl drawn that will tic the hands of tho mo?t graady apartment house owners Action mu?t, be t.aken at once, and that is wbat we hope to do at this meoting." Action by the. Ontral Fodaratad UflfOfl wai? promitad aftcr tha orgarii-/.ii tiofi had baan asaurad that it. would have the support of Governor Smith In any inov? that promised euqeaaaful proserutio/i of prontcpi-irig Itndlordf, V?taUf of tht hotuinp r.nndl tionn itl Ihr nuhinlm of Nrw Ynrk will hr, fimnd on ptitin liw, New Strike Forecast in Harbor Fight Complete Tie-Up Planned for To-morrow Unless Discharged Men Are Taken Back, Says Leader Rail DirectorV Action Blamed Union Workers Dropped for Refusing to Tow Boats Not on "List" Total paralysis of traflic in Xew York Harbor to-morrow night is now threatened because of the discharge on the orders of A. H. Smith, regional di rector of railroads, of thirty tugboat men. They were discharged for refus? ing to tow boats not on the approved list of the Marine Workers' Affiliation. Special meetings to consider a strike motion have been called for to-morrow, and these, leaders of the men declarcd last night, would undoubtedly end in an order to strike unless Mr. Smith re cedes from his position. "Unless the men discharged are rc instated and Mr. Smith ceases his at tempts to bulldoze the men, there will be a strike ordered," said Thomas L, Delahunty last night. "As it is, it looks like a race between us and Mr. Smith as to whether it will be a lock out or a strike. So far he has the edge, for he has begun to lock out men." "I won't prophesy a strike?prophecy is a dangerous thing," said Captain William A. Maher, "but Mr. Smith has gone looking for trouble and may suc ceed in stirring up more than he can handle. Either the men discharged will be reinstated and the orders under which they were discharged be rescind ed, or, if I judge the men correctly, they will order a general suspension." Issue Raised by O'Conner The question in issue follows the action of T. V. O'Conner, intorna tional prcHidont of the Longahoremen's Aasociation, in forcing a settlement in dependent of tho. Marine Workers' Af? filiation of the o>mandn of the Tide water Boatmen'a Union. In consequence'of this aettlemont, mombera of this union are cmnloyed on boats owned by individuals, firma and corporations that aro tlghting the cngineera, pilots and other unions mak ing un the Marine Workers' Affiliation. The affiliation refuaoa to handle boats of any owner who is at war with the unions on any point. This settlement by the Tidewater Boatmen'a Union was made on March 27. On March 31 John Brcnnan, presi? dent of this union, notified Mr. Smith that he had made his peace with the boat owners and that all coal barges Contir.ued on page thirteen jDry Act May Not Go Into Effectjulyl Revenue Commissioner Intiniates President Will End Muddle by Deelar ing DemobilizationOver No Authority for His Men to Act If Prohibition Is Enforccd I It Will Have To Be by; V. S. District Attornevs ; WASHINGTON, Apri! 12. Enforce? ment of war-time prohibition, which becomes effective July 1, is not lodged with the Interna] Revenue Bureau or with any other government agency, but is merely left to the United States at torneys, Revenue Commiasioner Daniel C. Roper declared to-day after analysis of all statutes and rogulationF. Intimation that because of the ap parcnt difficulty of enforcement the President or Congress might be called on to poatpone the law's operation was given by Mr. Roper in a statement saying that "the iasuing of licenses for the manufacture prohibited by the war-time prohibition act will naturally ccase with July 1. aasuming, of course, that neither the President nor the Congress ataya the operation of the law." In this connection it became known to-day that a number o' Administra tion officials and adviaera of tho Pres? ident had rocently urged him to pre vent prohibition from going into effect July l hy proclaiming the completion of demobilization by that time, This view of the President'a duty is under stood to i... held by Commiasiorer "oper, who is ropresonted aa believing prohibition cannot be enforced ale nuately without cpccific legislation e.-j tahiishing an enforcement agency. No Enforcement Provislon After explaining in a statement Lhftt (ongres:< had falled to paas billa ai. thorizing ndmiuistration of the war time prohibition provislon of the ngri cultural bil) approved last Novembcr 2.1, Mr. Ropor aaid: "Fnfovcement of the prohibition containcd In the act. therefore, is not placed with the Commlasioner of In ternal Revenue, or lodged uliywhore in the government. but is naturally left to the United Statos attorneys to en force hy prosccutioti undor the aection of the act v/hlch providec 'that. nny pevaon who violatcy any of tho foro' going proviaiona ahall bn punishocl by Imprlaonmont not to excoed ona -ear, or by tine not to excoed $1,000, or'bofch such imprisonment and line.' "An anomaloua condition exists, brought aboul by the fallure of Con grcaa to enaci at the last session th* necesaary legislation and provide the necesaary money for the enforcement of war-time prohibition. Will Regulate Manufacture "Existing revenue laws with regard to the control of illicit manufacture and sale will, of course, remain in Continued on jxif/r. thirteen Summary ofNew League Draft Made Public; France Gets Saar Valley Forever Given Charge Of Mines and All Industry Previous Plan Was lo Let Freneh Have Fuel Duty Free for 15 Years and Permit Germans to Rule Action Unexpected In Many Quarters Wilson Had Argued for Self-Determination by a Vote of the People PARIS, April 12.?The Council of Four to-day definitely settled the prohlem of the Saar Valley. The valley will be granted to France, in perpetuity, to work the coal mines and other resources. The la.st previous reports from Paris concerning the disposition of the Saar Valley were that the Freneh were to have the privilege of exploiting the coal mines, as com penaation for the destruction of the LenB mines by the Germans, for a period of fifteen years. The league of nations was to ad minister the territory during that period, and at the <*nd of the fifteen years a plebiscite of the inliabitanta was to be held to decide tlieir fut ure allegiance. In this way the Wilsonian principle of self-deter mination was to be prcserved. The decision of the Council of Four announccd to-day is a com plete reversal of this plan and may be construed a notable victory for France, to whom Lloyd George is said to be throwing his support. Lenine Would Stop Terror For Goods, Food and Peace pARIS, April 12 (By The Associated Press).--BoIshevik Russia is ready, according to reports reaching here, to agree to a sus pension of executions and punishments of its opponents in return for goods and recognition. It is also willing, according to the same reports, to agree to the suspension of the campaign to extend Bol shevism and overthrow the existing order in the countries of the associated powers. It will, however, refuse to call democratic elections or consent to the convocation of a constituent assembly in Russia, and insists on the recognition of "the de facto and de jure government of Russia," and acceptance of the principle of soviet rule as its part of any programme of negotiation. Whether the report on the standpoint of the Lenine government, brought back by an attache of the American Peace Commission who recently visited Russia, also covered guarantees of freedom of speech, press and assembly, which Hjalmar Branting and other neutrals believe should be made a condition of food relief, has not been learned, but a person familiar with that report said that the Bolshevik government was ready to grant almost anything except reconvocation of the constituent assembly on the basis of democratic elections. U. S. Legally Not at War With Lenine ?Dept. of Justice That Ruling Is Made in An swer to Hornaday's De> mand That the Soviet Emissary Be Interned Un April 6 William T. Hcrnaday wroto a latter to the Department of Justice protcatlng against tho nctivi tios of L. 0, A. K. Martens, the official represer.tative of tho Sovist govern mont of Ruaa'n, and demonding his in ternment, this country being in a "state of war" with the Boltihovik forcea of Russ'uv Ycatcrd.iy Mr. Hornadoy made public the reply, which follows: DEPARTMENT OF JUSTICE Washington, D. (,'. April H, 1919, Mr. William T. Hornaday, l">r> Hall-of-Fame Terrace, Uni veraity Heights, New York City. Sir: In response to your com munication of April 5, 1910, on the subject of L. A. C. K. Martens, official representative of Soviet Russia, the situation, from a iegul etandpoint, is not that. of war be ttcccn this country and Russia. Consequcntly no action can be taken bascd upon the theorg that a Russian or rcprcscntative of Russia is an encmy. Intcrnmcnt is a proccss allow able solely and exclusively in thf case of persons who are tcchn'cal ly evemy aliens. As for proaecution, that is of course only justifiable where tho facts clearly shoiv a violaticn of the express provisions of Fudfral law. Respectfully, F'or the Attorney Gencral, JOHN LORD O'BRIA.X, The Special Assistant to the At? torney General for War Work. Mr. Hornaday answered as follows: April 11, 1910. Hon. A. Mitchell Palmer, Attorney General of the United States, Washington, D. C. Dear Sir: Mr. O'Drian has transmitted to me your decision of April "10 not to comply with my demand of April 5 for the arrest nny internmerit as nn enerny alien of L. C. A. K. Martens, official representa- "? tive of tho Bolsheviki of Russia, now at I largc in New York City. Your decision is entirely at variance with the logic of the existing state of war and at variance with the laws of common sense. and hereby I protest. against it. If American soldiers now fighting Bolshevists in thrce war areos in Russia and rnore go inft thither do not constitute war, and if the Russiam Bolsheviks are not our ene mies, then the English language has lor.t Its menninp; and justice has become a joke and a plaything for legal trrminologists. Your decision wrapa the Starr. und Stripej around Bolshevik Murter.s and ren ders him hafe within its folds. As it waves over him while he preaches from the plat form the Rolshevik revolution that is com Ing in this country the Rolshevika of the audlence will laugh with gloe at what they will call the symbo! of a nerveless govern mtnt. Your decision will cive great dcliftht and encaurngrment to all the American BoUht viks, Socialitts and I. W, W. ngilntors who now are co busy praaching "the comitiK ravolutlon" In this dlstracted country. In view of the preaant rnreleis nnd in dlff?rent ottitude toward Holshevism of mmi> Amcncuns in hlah plaoas, boUi pub llo nnd prlvata, tt now srem? abaolutaly certain thnt nothing Miort of vlolencc nnd bloodshrd ever will awak.'n thla Bleepy nn tlon to tha lioUhwik perii. VloUnct l? the end to which our nlian enamlta In Amarica ? tmdlly nnd tlrr.lessly are working, mihI their iiitlnuite tuucc < In prcolpltatlnii arm<*>'l wlolonca now Himi to ba mriured. I haaa thln ballaf upon tha drawlng r"<>% vr of th? Irlna lura of Bolihavinm, tha numbar, unorgy and rtaoureaf of Ita aganta, and tha npntliy and lnd(n>r?tie# on the other sldn. Vairy rvMUf'tfully youri, yWU.UAM T. IIOItNADAY. Parley Drops Japan's Racial Equality Plea Specific Refusal by Some Members Forces Rejcc tion of Claim. as Vote Had To Be Unanimous PARIS April 12 (9 p. m.).?The League of Nations Commission has re jected thc Japanese amcndment on racial equality, according to an au thoritntive statcmcnt isaued to-night. Some of the membcrs of the com? mission votod against the specific in clusion of this amendment in the covonant, and ns unanimous approval of the commission was neccssary, the amendment, which was strongly urged by the Japanese dclegatcs, failed of ndoption. The statement follows: "At a mceting of the League of Na? tions Commission on Friday, April 11, the Japanese delegation proposed an amendment to the preamble of the cov enant, as follows: To insert after the words 'by the prescription of open.just and honorable relations between na? tions' an additional clause to read, 'by the indorsement of the principle of equality of nations and just treatment of their nationals.' "The amendment was admirably pre sented by Baron Makino. In *.he course of his speech he emphasized the great desire of the Japanese government and of the Japanese people that such a principle be recognized in the covenant. His argument was supported with great force by Viscount Chinda. Subject of General Discussion "A discussion followed, in which practically all of the members of the commission participated. The decision was marked by breadth of thought, free and sympathctic exchange of opinion and a complete appreciation by the members of the commission of the difli culties which lay in the way of eithcr accepting or rejecting the amendment. "The commission was impressed by the justice of the Japanese claim and by the spirit in which it was presented. Mention was frequently made in the course of the discussion of the fact that the covenant provided for the rep resentation of Japan on the executive council as one of the five 'great powers, and that a rejection of the proposed amendment could not, therefore, be construed as diminishing the prestige of Japan. "Various members of the commis? sion, however, felt that they could not vote for its .specific inclusion in the covenant. Therefore, the commission was reluetantly unable to give to the amendment that unanimous approval which 13 necessary for itB ndoption." The preamble of the covenant of the league of nations, in which the Jap? anese sought the inclusion of their amendment, roads ns follows: "In order to promote internationnl coopcration and to secure internation al peace and Fecurity by the aeccpt ancc of obligations not to resort to war, by the prescription of open, just and honorable relations between nn tlons, by the flrm establishment of the underrtandings of interiiational law as thc nctuol rule of conduct among govcrYimcnts and by the maintcn uncc of a just and srrupuloun rei poct for nll treaty obligations In the doal injrs of organlsed people with one an other, the powers signatory to thii covenant edopt this constitutlon of the Inigtip nf nations." Monroeism Is Put Into Covenant Treaties Proteeted and Belligerents Neutrals and Gther Self-Ruled Nations To Be Members World Arinament Must Be Reduced German Colonies and Ottoman Empire To Be Plaeed Under Mandates PARIS, April 12 (By The Asso? ciated Press).?An officia! summary of the revised cove? nant of the league of nations issued to-night makes specific mention of the Monroe Doctrine with respect to its bearing on the future activities of the leapue. It says: The covenant docs not af fect the validity of intema tional engagements, such as treaties of arbitration or r< gtonal underatandings, like the Monroe Doctrine, for curing the maintenance of peace. The league, says the statamant, will include all belligerent and neutral states named in a ?dorument annexed to the covenant, and "in thc future nr.y sclf-govcriiinfr country whose adrnission is approved by two thirds of the statew already members of the league." Providlng it has kept its dbliga tions, a state may withdraw from the league on giving two years' no tice, and states which signify their dissent from amendments approved by all the states on thc council and a majority of those in the assembh are not bound by them, but in such case cease to be members of thc league. Mandatories for the German colo? nies and the territories of the Otto? man Empire are provided. These colonies and territories are to be ad ministered by states willing to b<> mandatories of the league, whicU will exercise general supervision. The Summary The officinf sumnwry follows: | The league of nations is founded in order to promote inter national cooperation and to secure peace. The league will include: (a.) The belligerent states named in a document annexed to the covenant; (b) all the neutral states so narrred, and (c) in the future any self-gov erning country whose adrnission is approved by two-thirds of the statee already members of the league. "A state may withdraw from the league, providing it has kept itS obligations to date, on giving two years' notice. 2 The league will act throueh an assembly comprising not more than three representatives of each of the member states, each state having only one vote, and a council comprisinp; for the present one representative of each of the five great powers and each of four other powers as selected from time to time by the assembly. Can Increase Members By Unanimous Consent The number of powers of each clasa represented on the council may be increased by the unanimous c6n sent of the council and a majority of the assemblj. Other powers have the right to sit as members of the council during the decision of mat ters in which they are espeeially in tereated. In the eoundl, as in the assem bly, each atate will have only one vote. Both theae bodiea are to meet at statod intervals (the council at least once a yeari, and at other tlmoj if reqiured. Both can dcal with any mgtter that i:> <>f Interna tional Interaat or that threetena tha peace of the world. The decialon at both muat W nnantmoua, except in