740 ESTABLISHMENT OF MILITARY JUSTICE .

to be invalid or void shall be set aside, and the execution of all sentences o f
death, dismissal, or dishonorable discharge shall be stayed pending said review .
The said Acting Judge Advocate General will forward all records in whic h
action is complete, together with his review thereof and all proceedings thereon, ,
to the Judge Advocate General for permanent file ."
Gen . Ausell's memorandum and draft were sent to the War College, and, o n
September 8, 1918, were returned to the Chief of Staff by the Director, Wa r
Plans Division, General Staff, recommending approval and issuance of th e
order as drafted by Gen . Ansell. (Exhibit 100.) A staff memorandum, dated
September 11, signed by the Chief of Staff, directed the issuance of the orde r
as drafted . (Exhibit 101.) On September 13 a carbon copy of the original
order prepared for the Public Printer was furnished the Acting Judge Advocat e
General . On September 17 The Adjutant General sent a requisition to th e
Public Printer, and on September 21 a page proof of the order was receive d
from the Government Printing Office . (Exhibit 102 .) On the draft of th e
general order in the tiles of the Judge Advocate General's Office appears th e
following notation : (Exhibit 99 . )
" Mr Smith instructed us to substitute third indorsement, attached to 321 .4
(8/29/18), instead of this draft of amendment .
" L. G. H."
The original records show a revised draft of this amendment (Exhibit 103) ,
approved by order of the Secretary of War, signed by the executive assistan t
to the Chief of Staff . The (late of this approval is not of record, but this draf t
is identical with the amendment as published in General Orders, No . 84, and
differs radically from the draft originally submitted by Gen . Ansell and ap-
proved by the War Plans Division, General Staff, and by the Chief of Staff .
The order as published reads as follows, new matter being underscored an d
reje :ted matter appearing in brackets (Exhibit 91) :
" The records of all general courts-martial and of all military commission s
originating in the said expeditionary forces will be forwarded to the said
branch office for review, and it shall be the duty of the said Acting Judge
Advocate General to examine and review such records, to return to the prope r
commanding officer for correction such as are incomplete, and to report to th e
proper officer any defect or irregularity which renders the finding or sentenc e
[invalid] illegal or void in whole or in part . The execution of all sentence s
[of] involving death, dismissal, or dishonorable discharge shall be stayed pend-
ing [said] such review. Any sentence, or any part thereof, so found to b e
illegal, defective [invalid], or void, in, whole or in part, shall be disapproved,
modified, or set aside, in accordance with the recommendation of the Actin g
Judge Advocate General. The said Acting Judge Advocate General will for- ,
ward all records in which action is complete, together with his review thereof
and all proceedings thereon, to the Judge Advocate General of the Army fo r
permanent file . "
Paragraph IV, General Orders, No . 84, as published is radical in its pro -
visions and gives to the Acting Judge Advocate General in France powers no t
possessed by the Judge Advocate General of the Army . General Orders, No . 84 ,
came to the attention of Gen. Crowder for'the first time in January, 1919 .
Notwithstanding the radical changes made in the amended draft, the latter
was duly approved by the executive secretary to the Chief of Staff. If,
therefore, Paragraph IV, General Orders, No . 84, was issued without its pro-
visions being fully understood and concurred in by the Chief of Staff and th e
Secretary of War, responsibility rests not with Gen . Ansell but with the office
of the Chief of Staff.
During August, 1918, Gen . Crowder 's time was fully occupied by his dutie s
as Provost Marshal General, and he gave little or no time to his duties a s
Judge Advocate General . The fact remains that, at the time the order wa s
issued, Gen . Crowder was Judge Advocate General of the Army and shoul d
have been consulted by his assistant, Gen . Ansell, in regard to a change o f
policy so radical as that effected by General Orders, No. 84, and known by
Gen . Ansell,to be contrary to the declared policy of the Judge Advocate Gen-
eral and the Secretary of War.
(7) Opposition of Gen . Pershing to General Orders, No . 84, War Department,
1918 .-With respect to the statement of Gen . Ansell that General Orders, No .
84 are now " being opposed by the commanding general American Expeditionar y
Forces," the facts are as follows (Exhibit 69, D. 6) :
In a letter under date of November 14 . 1918, to Gen . Pershing (Exhibit
104), which was forwarded through The Adjutant General to the Judge Advo-