ABSTRACT
Shortly after Germany’s surrender, President Harry S. Truman nominated Ohio Republican Senator Harold Hitz Burton to replace Owen Roberts on the Court. Neither the Army’s enforcement of military justice, nor the needs of DGLVFLSOLQHG¿JKWLQJ IRUFHZDV DOLHQ WR%XUWRQ+H VHUYHG LQ WKH IURQWOLQHV during World War I, and fought in the battles of Ypres-Lys and St. Mihiel. By the war’s conclusion, Burton had earned the Belgian Croix de Guerre and the Army’s Silver Star. At Ypres-Lys, while training with the French Army, he led an isolated and leaderless French company against a German position. At St. Mihiel, he was assigned as a forward artillery observer and held his position XQGHU LQWHQVH*HUPDQPDFKLQHJXQ ¿UH DQG FKORULQH JDV FORXGV /LNH )UDQN 0XUSK\%XUWRQDOVRZLWQHVVHGFRXUWVPDUWLDOSURFHHGLQJVGXULQJWKDWFRQÀLFW from which he concluded the military’s criminal justice system did not adhere to the same due process standards as federal criminal courts.1
