Indianapolis Times, Indianapolis, Marion County, 16 July 1942 — Page 25
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CAPITOL ne ON SPY SECRECY
Wilson Soacead “Trials: Lincoln Assassins’
Case Chief Precedent.
By FRED W. PERKINS & Times Spécial Writer - WASHINGTON, July 16. ~The secrecy that surrounds the current military trail of eight alleged German saboteurs is. matched by an unusual silence on éapitol hill respecting this important episotle in Amerijean history. Not a word nas been said publicly in the usually vocal senate or house concerning the use of military pro= cedure, rather than that ef the civil courts, ih these cases, although— Certain members of congress say privately that the precedent might prove dangerous if it were applied repeatedly, even if only ih cases of saboteurs whe enter the United States by stealth in time of war, as is charged in these cases. They fear a “callousing of the public conséience.”
Wilson Rapped Army Trials There was no such procedure ml
sabotage
general,
self foreefiilly.
age cases from civil to military
Aril 20, 1918:
much value the opportunity you give me to say so. I think it is not only unconstitutional, but that in character it would put us upen the level . of the very people we are fighting and affecting to despise. It would be altogether inconsistent with the Epis and practice of America. \ .
Lificoln Teial Semi-Secrét
The nearest American approach to the present proceedings in Wash= ington was the military trial of the conspirators involved in the as-
was under at least sémi-military rule and when passions of the civil war were still at fever heat. The prisohers presented a groThey had been shrouded in heavy sacks tied tight-
sacks later were changed for tightfitting hoods, padded with cotton
throughout the ‘trial except Quring aetual courtroein - proceedings. The trial room was a poorly ventilated affair on the third floor
of the old penitentiary in contrast|
to the neatly arranged, air-condi-tioned quarters in partment today,
Surratt, ried, Later One of the allegéd Linoln conspirators, Waward- Surratf, escaped from eéountry and: was not brought’ badk until 1867. Then he
| gras giver a trial by jury before a
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The earlier commission planned old its sessions in ‘secret, but at brought,protests from the press and the. courtroom evgntually was opetied to reporters andl visitors who
were able to get passes: « Equally
vigorous protests against the secrecy of the present trial have been of no avail, . Authorities believe the reason for the civil trial in Bdward -Surratt’s case wag that in the interval between it and the military trials the supreme court had handed down an important decision (ex parte Milli gan, 1866), which cast grave doubts|g on the legality of military tribunals
1 for the:trial of civilians.
The Milligan case, after threequarters of & century, is being alluded to today as § reason why 8 should ‘be no fear thai the!
Atmy
world war I, perhaps because there| was no such offense, even though]! was Widespread ih the United States in that conflict. Sec-| retary of War Newton D. Baker was | REE known as a foe of military trials in and President Waodrow|' Wilson took occasion to express hini- |’
Mr, Wilson when consulted by|| Senator Overman (D. N. C.) on his|! bill to remove sedition and espion-| | courts, wrote to the senatér on |
“I am wholly and unalterably op- Hs posed to such legislation, and very L
sassination of President Lincoln. |. That occurred when the capital city
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colirt-martial idea will be :xtended to civilian citizens of this country, s6 long as the: ‘present forn| oh govérnment exists. : ; - Lampdin P. Milligan of indiana nad heen convicted in 1864, by &
military commission of o©)nspiracy against the United State¢ and of inciting ‘insurrection and disloyal practices in aid of the cor icderacy. Two years later: the suprer: court, invalidal the ‘trial anc conviction, héld that neither the presi-!o
civil courts were no longs: functioning; and that elsewher dourts-
THEY GET WISE TO US: AND THEN == WHAMMOQ!/
was nop dn the military or naval service, war did not exist in Indiana, nor was the state invaded = or
{threatened with invasion; and the
civil courts. were open and operating normally. Another ‘widely quoted, case ih=
sionist of Baltimore. He was imprisoned -the first year of the civil war by. military order. Chief Justice Roger B, Taney issued a writ of habeas corpus for the prisoner, but the officer commanding the prison (Ft. McHenry) refused to give him- up, on the ground that he had been authoriged by President Lincoln to suspend the writ. Chief Justice Taney Wrote an opinion, widely denounced ‘in the North, that habeas corpus could be
volved John Merryman, a secces-|
suspended constitutionally only byt
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congress, and not by-the president. The Lincoln policy, however, was not changed by this judicial prohouncement.
TARPON CATCH COSTS 22 CENTS PER POUND
ST. PETERSBURG, ‘Fla. (U. P.). —It will cost contestants in the eighth annual St. Petersburg tarpon roundup 22 cents a pound for each of the big fellows they bring to gaff, according to estimates of “statisticans” in the Sportsmen's Pishing club tournament sponsots. . Thesé computers have goné. 86 far as to calculate that the spent for tackle, bait, boats and for guide service will be about $100,000 when the tournament closes i
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HER : ASSAY
SERVICE MEN 10 BE i
LODGE PICNIC GUESTS
‘U. 8. service men representing each branch of the Army, Navy ahd Marine Service Men's club will be ‘guestd ‘at the Marion. county Odd Fellows. and ‘Rebscts picnie Saturday afternoon = at.’ Gaspield park. . William E. ‘Mathis wil preside, 3 assisted by -the following commits tee: Mrs. Thelda Hundley, Progress lodge (908; Mrs. Pearl Cobler, Tein ple Rebecca 591; Enos. Haynes, Brightwood ‘ 655; Preaial ‘Apple, Osklandon 1 Mrs. Jane Kaercher, io Rebecca 441; H. G. Schenk, Puritan Odd Fels
{lows 678.
