The Brooklyn Daily Eagle from Brooklyn, New York • Page 19

3 THE BROOKLYN DAILY EAGLE. NEW YORE, SUNDAY, MAY 4, 1919. v. a GERMANY PLANNED OBITUARY Bmm mlm DMth Netftoea, but mn and one In the rear between the body and the tail. Though now they- are all being rebuilt so as to be available for peacetime transformation purposes, they have, when in shape for their warlike work, a cabin forward and lust bo- FAILS TO SEE HEED OF DRASTIC CHANGE IH COURTS-MARTIAL type.

The only part of their con. traction not aluminum is a small bit of tno wing, the part that tilts and tips to give the machine upward or downward direction. And the armistice came Just In time to halt experiments that should have eliminated even this bit of Inflammable material, and made the machine every bit aluminum. Its speed is 125 miles an hour. The aluminum airplanes, however, are but a fraction of the aerial forces which Germany was carefully perfecting; and storing up for the time when she should have to try to regain mastery of the air.

An exhaustive trip through the former Zeppelin works, such as the Associated Press correspondent has just had an opportunity to' make, illustrates what enormous advances Germany had made in aviation. The most notable airplanes which Germany was accumulating she had used them a little and even had lost ono through defective orientation is tho five-motor, 1,260 horsepower machine, capable of carrying a score of passengers, or a ton and a half of bombs and a crew of eight, and which, German experts claim, far surpasses In size, strength, flying quality and general effectiveness the lamest lower wing are two machine guns, facing fore and aft, and manned by four men, p'arther to the rear is still anuthef machine gun in the hollow of the body of the huge air- bird, which can shoot through a hole In the floor at objects under the plane. The machine travels at a speed of about 80 milos an hour and can stay in the air 10 full hours. The speed and horsepower were being increased to an eventual limit of 125 miles when the war ended. To counteract the reduced atmospheric pressure at great heights, which slows the speed, the German engineers devised another airplane with four 250-horscpowcr motors, alike in size and nearly in speed to the five-motor ship, but equipped with condensed or compressed air producer which automatically supplies air to the motors to enable the airplane to keep up its high speed in rarifled atmosphere, and outstrip all other machines not so equipped.

Kach of tho airplanes which the correspondent saw cost, according to the experts, about C00, 000 marks, a great share of which goes to the account of the Infinitely complicated mechanism that is so striking a feature of each machine. Cf-Min tviin nlrnlmin n-Vilnh BIG OFFENSIVE WITH ALUMINUM PLANES About Ready to Launch It When Armistice Came Had Great Air Plans. Berlin, April 5 (Correspondence of the Associated Press). Germany was Just about ready, at the- timo the armistice was declared, to launch a tremendous aerial offensive by means of a fleet of new airplanes which had been perfected ufter months of experiments and tests. These machines which today stand, nearly ready for service, in tho former Zeppelin works at gtaaken, near Berlin would probably have caused a revolution tn flying, for they are constructed from nose to tail and wing tip to wing tip, almost entirely of aluminum and therefore are immune to that greatest of aerial dancers, burning.

They are two-seated planes of the observation rather than tho "chasing" CHARLES WILLIAM WHEELER, 6 years old, of SO lerrepont New Enk-f land representative of the advertising 4-' part men of ths World for IS years, died hti his borne, Thursday night, of acute aflosnsVi tn palayUis, after being ill only three His wife was with him, but so brief was his Illness that their daughter, Mrs. Fdsoni D. Fuller of Cambridge, Vt-, could DOf reach bis side. Mr, Wheeler was a member oC Colfax Council, No. 122U, Koyal Arcanum.

His) funeral services were held in Trinity ChurcJt. Claxemont, N. yesterday, and the interment was In the family plot there. MRS. MARY JANE CONK LIN BOOT7IJ 6B years old, of 102 Bergen wife of Ralph W.

booth, died on Friday or arterloj sclerosis. Her funeral services, last even ninjf, were conducted by the Rev. Frank M. Townley. rector of the P.

E. Church of St. Bartholomew, Pacific near Uedford ave of which Mrs. Booth wis tyj member. The Interment, today, will tW In Greenwood Cemetery.

Mrs. Booth wsjti bom in New York City, the daughter of the late Alfred T. and Nancy Shaw Con kiln. Hur father wm formerly president of the Mechanics and Traders Hank. She i survived, besides -her husband, by a son, Ralph W.

booth Jr. By a unanimous vote of the Haver hill (Mass.) Shoe Manufacturers' Association, 3,000 women employees in more than 40 shoe factories will now work on a 54-hour-a-week baia without a reduction in pay. and best of the new Uritish or Italian airplanes. They are imposing aerial monsters. Some Idea of their size may bo gained from the fact, that they measure Home 140 fect in width from wing tip to wing titi.

Kach has five hugo motors of 2ro horsepower capacity, tWO on the left tin, wn I on the right tn the Fame position, sometime') was used in bombarding 1'aris, though a big, powerful ina- cine, Is significant in size when scon the new machine. Several school teachers in Philadelphia have formed thpmsclvcs Into a union and affiliated with tho American Federation of Labor. I hind the cooling- fan where a mechan ician site, a cabin for the commanding officer equipped with an amazingly complicated, yet for him simple, signal system by which he can control the actions of his entire crew and they can communicate with him at any moment, and an open floor through which he can sight at intended marks before releasing his bombs. Before the commander's scat are registers and gauges showing the altitude and speed, and lngenius contrivances for night flying indicating exactly at what angle, to ono side or the other, or up or down, the airpiar.e is flying. If for example tho man In charge of the after machine gun signals that the enemy is behind so that the tail prevents hitting him, the commander can by pressing a switch give tho order to veer the airplane to right or left, up or down.

A delicately constructed compass Is one of tho complements of the tiny cabin, not only showing direction anil other details but also the t'p or slant of the airplane. There are signals to the man who feeds and tends tho gasoline, and, behind the commander, rpeeial safety devices for emptying immediately of tho gas tanks to avoid fire or explosion In tho case of an emergency. Ilehind the commander-on either Best Piano Playing controlling the "expression." The other is a new roll which is made by a pianist playing upon a remarkable "recording" piano. And which when 'placed in the Duo-Art repeats his playing with faultless and absolute This question of the fidelity of the Duo-Art's reproduction, is the measure of its tremendous value and significance. If it can repeat Paderewski's and Hofmann's and other great artists' playing, it is simply invaluable as a means for providing supreme entertain i I putting the every one.

The than the was a piano Duo-Art is instrument To the gave to the of the new interest uuva iiu, I ma, uia jj i I iil.tiin,lit. cvin.iaiVA DMl. ulties is any greater than in the or dinary civil ana criminal inuuimio. ine sianaaruizauon oi semeuuea, in un i thu civil courts, is difficult, and can never uo more man a iuub1 pruximotion, since no hard and fast rule can be just in all cases. In the it, tim.A nf stand ardisation of sentences is impossible.

Ai tllA RAntfl teChlll- cal offense may in one case be noth ing more man a inning iminuwi routine camp discipline, and in another muv jeopardize the result of a battle. An apparently willful diso bedience of orders may in one ciso be merely the result of stupidity or a raw re- iRiiniauvo I'll mo emit; in another it may be tho first svmptom of mutiny. Ko standardization of sentences can possibly be devised to cover conditions where tne same physical act may in one case ucuerve tieain ana in n.uiv. term in the puard house. dvii nm tnn PreB- unaer me tunc 'ident may reserve to himself a power of review in sucn cases v.i ennflrmat on is already specifically required in the lOUOWing castio.

(a) Any sentence respecting a general officer. (b) Any sentence extending to the dismlsal of an officer, except that in time of war a sentence extending to the dismissal of an officer below the grade of brigadier-general may be carried into execution upon confirma tion by the commanauig geneim i i i. AnM the mm. ino Briny in nw i mnndinp general of the territorial de partment or aivision. (C) Any Fenience cah-uuuis iu suspension or dismissal of a cadet; and (d) Any sentence of death, except In the case of persons convicted In time of war, of murder, rape, mutiny, desertion or as spies; and in such excepted cases a sentence of death may oe carried inio exeeuuuu upon confirmation by the commanding general of the army in the field or by the commanding general of tho territorial department or division.

When the authority competent to confirm the sentence has already acted as the approving authority no additional confirmation by him is necessary. It might be well to add, to those already specified, a new class: "(e) Any sentence of imprisonment for more than years." There is no absolute criterion by which to determine what period should be specified. Short terms should not bo the subject of compulsory review, as in many cases they would be fully served before the review could be had. If three or five years should be fixed, then all sentences of imprisonment which could fairly be described as long would be reviewed as a matter of course, and all manifestly excessive terms would be reasonably sure of reduction. This change might be made by a statutory amendment or the same result might be accomplished by executive regulation.

How to Avoid Working of Hardship. There is a generally accepted principle that so far as a sentence has been executed, it cannot be set aside by superior authority. Usually this is necessaily, so, as, for example, in the case of sentences of death or imprisonment But the same rule is also applied to sentences which, although technically "executed," are nevertheless capable of being rescinded so as to restore tho original status. This rule sometimes works hardship, espe-cially In the case of dishonorable discharge or dismissal from the service. This result could be prevented by specifically empowering the President or other confirming authority in appropriate cases to rescind a discharge or dismissal and relnstato in the sorv-ico the person discharged or dismissed and also to direct the refund of fines and forfeitures.

It Is to be assumed that in practice all court-martial proceedings requiring confirmation by the President are the subject of review and report by tho Judge advocate 'general's office, and that in like manner the reviewing authority of any general court-martial customarily takes the opinion of the judge advocate upon his staff be-foro acting upon the case under review. While a grant of independent judicial authority to the judge advocate general's department In such matters would be a departure from sound principles of military organization, it is most desirable that in every case there should be an actual consideration of the record by a competent officer of the legal department, and a report and recommendation thereon by him to the reviewing authority, which report should form a part of the permanent record of the case. This procedure would not encroach upon the attributes of command, but would Insure, so far as procedural precautions can do so, that the commanding officer would exercise his authority only with tho benefit and in the light of competent legal advice. His ultimate freedom of action would not bo fettered, but the legal advice he had received would appear upon the record, and if he chose to exercise his undoubted power to disregard it, ho would do so with an enforced realization of tho responsibility which he was thus assuming. The quasi-judicial functions of the trial judge advocate should also lie further emphasized.

This should be accomplished most effectually by a slight revision of A. W. 17, to read: "But in any event, the judge ad-voeato shall fuily advise the accused of his legal rights, take care that they are adequately safeguarded, and pres. sent to the court-martial nut only evidence against the accused, but also all evidence within his knowledge favorable to the accused, and not otherwise presented. Such is already the spirit of tho regulations and instructions contained In the Manual for Cnnrts-mnrtial, but the Inclusion of such a specific provision in the Articles of War would make clear the principle that tho primary duty of a judge is not to secure convictions, but to old in the doing of justico.

Concerning tho Advice of the Judge Advocate. It might also bo desirable to remove the present limitation upon the power of the Judge advocate to give legal advice to the court. Under the Manual for Courts-martial he Is "to givo his opinion upon any point of law arising during the trial, when it Is asked for by the court, but not otherwise." This change might be effected by adding: "He shall also advise the court upon such points of law as may arise In the course of the trial, and his opinions so expressed shall be entered upon the minutes." This provision would not require the court to decide In accordance with the advice so given, but It would Impose upon the judge advocate the duty of forming and expressing an opinion upon all questions of law which ho might deem of sufficient Importance to bo expressly shown by the record, and tho action of the court would necessarily bo taken with this opinion uciore it. There appears to be no sufTlclpnt reason for changing the present relations of court mid judgo advocate, except to the extent abovo suggested. It might bo desirable to expand the permanent organization of tho judge ad-vocato ponerivl's department as to Include a sufficient number of eannhln nfneers, with legal training, in tho grade or captain and lieutenant, to servo as trial Judgo advocates, and tn be under the general sunei vision nml direction of tho division or department Judge advocate From this consideration of tho stih-Ject It appears that there Is no reason for any drastic or revolutionary f-bnnges In tho existing system nf mil-ltnry lustlce.

and flint a few simple all of which tire. In steps In a nroerrs of nntural evolution, r.inv ropinnnl'lv hp evni'-t in niert the ovir-o-o'-r or tV "Itiiatlon, as I i oil by th" jir. Few Simple Amendments Would Meet Exigencies of Situation, Says Military Man. By HOWARD THAYER KINGSBURY Th question of courts-martial and military justice is discussed in authoritative manner in National Service bu Mr, Kingsbury, irho in a member of Coudert Brother, law firm, and rendered important legal service concerning military affairs to the Provost Marshal General of the Vnitcd States A.rrny during the tear. N'o system for tho administration of Justice, whether civil or military, has ever been devised which will infallibly prevent the possibility of miscarriages of justice The best that can be hoped for, according to human experience.

Is body of substantive law which measurably satisfies the social conscience and a system of procedure which secures a fair hearing before a disinterested tribunal, selected with a view to ability and integrity. In considering the subject of mili tary justice, as distinguished from the procedure of the ordinary civil and criminal tribunals, It must not be for gotten that In the latter the primary object is the protection of individual rights, while In the former the primary object Is the maintenance of dis cipline, especially in time of war or emergency. In essence, military courts are a mitigation of the disciplinary powers inherent in military organization, the necessary basis of which Is the supremo authority of the commander, except so far as such author ity is expressly limited or regulated. In civil lii'o each individual owes obedience to the organized government or i no community, but not to any Individual civil officer as such: In the mili tary organization each member owes obedience to an Individual his com manding officer. The commander is responsible for the conduct of tho forces, and in the nature of things he must have all the powers necessary to make his authority effective.

For this reason there should not bo in tho urmy a distribution of co-ordl- nale powers between executive and ju. dicial authority, and anv nronosed r. form of court-martial procedure which contemplates setting up a military judiciary. Independent of executive command, proceeds upon an unsound uuaiH. ms power or command is ultl-ma'ely vested In the President as Comnii'nder in Chief under the Pnn.

stitntiiin; he may exercise it through such officers or department as may be doomed convenient, but the ultimate power cannot be taken awav from hln without a rli parturo from the princl pies of Ihu Constitution. Diniciiltics Presented in Present Bills. Tho Chamberlain bill Is open to the rritieism that in giving to tho Judge Advocate General an independent iiuwi-r revision over court-martial sentences it. erects a separate judicial puwur in ino Army, and thus en croLiches upon 1he Constitutional pow er of rommund vested in the Cnm mander in Chief and his executive Eunoruiimics. Another bill, which was prepared under tho direction of the Judee Ad vocate General, presents difficulties of anotlvr character.

This bill amends 1he Revised Statutes by requiring the Judge Advocate General to review and report lo tho President upon the ii wvuingK or uu courts-martial, courts of Inquiry and militarv com and specifically empowering the President to set aside any finding f.in' aim id suspend tno execution of iientences in such classes of cases as he may designate until ac tion ov in in uiereon. This change from tho present system would impose an bur. den both upon the Judgo Advocate General's Office and upon the President or Secretary of War. It would bo almost unworkable in time of war. and in respect of forces outside of the United States, and in many cases it would bo of no practical advantage It would cause a manifest and deplorable waste of time to require that the record of a court-martial in the Philippines or in Alaska or in the Expeditionary Force, resulting in a mere reprimand, or in tho loss of a few files In lineal rank, or in some short term of confinement, or small forfeiture of pay, be reviewed by the Judge Advocate reported on by hi'ii to the President and acted on by tho President, before becoming final.

It may well be that In time of peace sentences of a certain degree of severity, such as death or dishonorable discharge, should not be executed without the approval of tho President, nfter review and report by the Judge Advocate General, but in time of emergency, especially when a distant military force is concerned, as in tho case of the Peking Relief Expedition, or the A. E. F. in France, conditions may easily arise where the necessity of waiting months for review and approval by the President might make It impossible to maintain discipline or even to quell mutiny. In such a case the safety of the force as a whole should outweigh tho possibility of some Individual injustice, which a review by or on behalf of the President micnt or mignt not obviate.

Proportion of Unjust Judgments In i Military Service, 1 Criticism Is always easier than constructive suggestion, and criticism of proposed changes does not mean that there is no room for improvement in the existing system of military justico or us administration, 'mere have undoubtedly been instances of injustice and of excessive sentences, but it TEET PfMacKenzie, -k en tlit AT REASONABLE PRICES WITU LESS PAIN CAREFl'L AND RELIABLE SERVICE Dr. MacKenzie 1 XenHsi BtibOKLTS OfflCKH 104 Fl.ATUUHH AVK- (OR. STATIC ST. 103 tiATKH COK. IIIIOADWAV.

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1289 FULTON ST. Juat rhono IloilfurJ 0017 extraordinary new feature that im- Bj measurably increases its interest and value. The Duo -Art Piano i ability to play within the reach of Duo-Art Piano goes one step farther player-piano. Just as that instrument and a player combined, so the a player-piano and a reproducing combined. interest and enjoyment the "player" piano, the "reproducing" feature Duo-Art adds extraordinary and entirely of its own.

instrument illustrated above the Duo-Art Pianola Piano is the home piano of the future. Either in its Upright or Grand form it is even now displacing the old-type piano that could be played only by hand, and its later development, the so-called During the past decade the player-piano has thoroughly established its place in the home. Offering everything that the older piano provided, it added its wonderful roll-playingfeature, Hearing the World's In One's Own Home ment and cultural influence. That it does so repeat their playing is established beyond question by the testimony of these artists themselves. Paderewski says: shall be glad indeed to have my playing reproduced with such manifest fidelity.

Hofmann says: "These rolls cor-rectly reproduce my phrasing, accent, pedaling, and, what is more, 'hey are endowed with my pcrsottah.j. They are indeed myiactual interpretations with all that implies." Every one who cares anything for music enjoys hearing the piano uiellplaycd. The possession of the Duo-Art Piano means the privilege of -listening at will to. the actual playing of Paderewski, Hofmann, Gabrilowitsch, Bauer, Grainger, Ganz and a score of other great pianists, as well as that of the composers and best players of popular and dance music. There are two kinds of music-rolls for the Duo-Art Piano.

One is the regular Pianola roll, which you play yourself, furnishing and 7 'HE Duo-Art Piano mustje seen and heard to be really grasped and appreciated. It should be seen and heard by every one not only those contemplating the purchase of some kind of piano for their homes, but by every one taking any interest whatever in music. The Aeolian Company, extends a cordial invitation to the public to visit Aeolian Hall and listen to the Duo-Art without hesitation or any feeling of 'obligation whatever. GO AN ANY THE A AEOLIAN HALL In THE BRONX In BROOKLYN 367 East 149th Street 11 Flatbush Ave. In NEWARK 895 Broad Street In MANHATTAN 29 West 42nd 'Street BUY VICTORY BONDS.