Between July and December 1943 he was a student at the Naval War College, Newport, R.I., after which he had duty as flag secretary and legal officer on the staff of Commander Cruiser Division 2, U.S.S. Omaha flagship. In May 1944 he joined the staff of Commander Amphibious Force, U.S. Pacific Fleet (U.S.S. Rocky Mount and later U.S.S. Eldorado, flagship) to serve as aide, flag secretary, legal, and personnel officer. In that assignment, he participated in the Marianas, Iwo Jima, and Okinawa Gunto operations. He was awarded the Legion of Merit with combat "V", and is entitled to the ribbon for, and a facsimile of, the Navy Unit Commendation awarded the U.S.S. Rocky Mount. The citations follow in part: Legion of Merit: "For exceptionally meritorious conduct *** as aide and flag secretary to the Commander Amphibious Forces, U.S. Pacific Fleet, during operations against enemy Japanese forces during the planning and execution phases of the Iwo Jima and Okinawa operations from November 1944 to May 1945 *** Commander Mott supervised and directed the production of the plans for these two major amphibious operations. While under frequent heavy attacks by enemy aircraft, he successfully administered the problems of personnel replacements, evacuation, and mail delivery at the objectives. By his capable handling of all administrative duties, (he) contributed materially to the high morale of the officers and men and to the success of these operations ***" Navy Unit Commendation: "For exceptionally meritorious service in action against enemy Japanese aircraft, shore batteries, submarines, and mines in the Pacific campaign. Operating in actual contact with the enemy and under numerous attacks, the U.S.S. Rocky Mount performed her duties as an amphibious flagship in an outstanding manner and, in addition, contributed to the defense of other units by the performance of her battery against the enemy shore batteries and planes ***” Returning to the United States, he had duty in connection with liaison functions with the Department of State and the United Nations attached to the Office of the Chief of Naval Operations, Navy Department, Washington, D.C. In November 1946 he transferred to the Office of the Judge Advocate General, Navy Department, to serve until September 1948 as Head of the International Law Branch and Foreign Claims Commission Officer. He was legal officer on the staff of the Commander in Chief, U.S. Pacific Fleet, and legal adviser to the High Commissioner of the Trust Territories of the Pacific Islands. In December 1950 he reported for instruction at the Naval School of Justice, Newport, R.I., and from February 1951 until July 1953 was in command of that school. He then served as district legal officer, 9th Naval District, at headquarters at Great Lakes, Ill., with collateral duty as assistant chief of staff for administration to the commandant of that district. In August 1956 he was ordered as military assistant to the Chairman of the Joint Chiefs of Staff, Washington, D.C., serving two Chairmen (Admiral Radford and General Twining) in that capacity until September 15, 1958, on which date he was transferred to the Office of the Judge Advocate General. There he assumed the duties of Deputy and Assistant Judge Advocate General of the Navy, with additional duty as Special Assistant to the Secretary of Defense. On August 1, 1960, Admiral Mott, after nomination by the President and confirmation by the Senate, was sworn in as Judge Advocate General of the Navy for a term of 4 years. In addition to the Legion of Merit with Combat "V," and the Navy Unit Commendation Ribbon, Admiral Mott has the American Defense Service Medal; the American Campaign Medal; the European-African-Middle Eastern Campaign Medal; the Asiatic-Pacific Campaign Medal with three engagement stars; the World War II Victory Medal, and the National Defense Service Medal. Admiral Mott's official home address is Libertyville, Ill. In 1947 he married the former Edith Grace of Worcester, Mass. He has six children, Adam S., Janie B., Diane B., Lucy A., Sarah G., and William C., Jr. Admiral Mott is admitted to the bar of the District of Columbia; and he is a member of the American Society of International Law, and Phi Alpha Delta Law Fraternity. He is a fellow of the American Bar Foundation and holds an honorary Doctor of Laws degree from John Marshall Law School. He is also a member of the American Bar Association Special Committee on Communist Tactics, Strategy, and Objectives. MOTT STATEMENT Senator STENNIS. Admiral, will you please proceed with your state ment. Admiral MoTT. Thank you. Mr. Chairman and distinguished members of the committee, I should be happy to try to make a constructive contribution to the proceedings of this committee. I have been requested to make a few comments about professional service journals, after which I shall be happy to respond to questions in this or any other area before the committee. Professional service journals have for years been used as a medium for education and stimulation of thought amongst professional officers. They are in the same class as the law reviews and law journals put out by the law schools of this country. Many of the Senators on this committee_are lawyers-in fact, I think all of the Senators present are and I understand Senator Stennis has been an editor of the Virginia Law Review in his law school days. Senator STENNIS. I was only subeditor. Admiral MOTT. Often these law journals have symposiums devoted to specific subjects. For instance, the law review of the University of South Dakota recently had some leading articles devoted to the subject of civil rights, whereas the law review of the University of Mississippi recently devoted the major part of an issue to the subject of the Connally amendment, in which Mr. John Satterfield, the president of the American Bar Association, had a leading article. St. John's University Law Review, in Brooklyn, on the other hand, had an issue devoted to Law Day. It has never been the custom with law reviews in particular and professional journals in general to try to inhibit the views of the contributors by any kind of censorship. In fact, the very purpose of professional journals would be defeated if it were not possible to read articles or arguments in a single article on both sides of a particular issue. It is through such media that education is presented and professional thought is stimulated. Of course, most professional journals include in the masthead a statement that the views of the authors are the views of the authors alone and do not necessarily reflect the opinion of the journal or the organization or institution that publishes the journal. I am the Judge Advocate General of the Navy and in such capacity I am responsible for all legal services in the Naval Establishment with the exception of the field of contract law. In order to implement these responsibilities I have some 500 lawyers of my organization assigned to commands around the world. They serve in places like Guantanamo Bay, Cuba, Formosa, Philippines, Japan, Turkey, Iceland, Antarctica, and the various fleet commands scattered throughout the seven seas. These officers practice all kinds of law and some means must be found to keep them up to date in their legal thinking. To this end and for the general education of the service at large, the Office of the Judge Advocate General has for years put out a professional service journal known as the JAG Journal. It is published monthly and attempts to cover all legal subjects for which the Judge 88735 O-62-pt. 2-14 Advocate General has responsibility. A special problem of education in the Navy for the lawyer, as well as the nonlawyer who may be called upon to execute legal functions, lies in the field of international law. This is actually now, and has been for a number of years, the fastest growing field of law in the Navy. In my office in Washington, for instance, I have a full-time staff of eight lawyers who work exclusively in this field. Naval officers are often called upon to be the executors of national policy in the field of international law. Perhaps I could best explain this by mentioning two examples which the Senators may rememberthe Santa Maria incident and the boarding of the Russian cable-cutting trawler Novorossisk in the North Atlantic. In each of these cases naval officers-and they were not lawyers-were assigned most difficult and delicate missions which required some knowledge of international law. While decisions, directives, and orders could be issued from Washington to these officers on the high seas, it is generally too late to educate the commanding officers concerned in international law after the orders go out. It is for this reason that the Naval War College in both its resident and extension courses lays stress on instruction in international law. The Judge Advocate General traditionally opens this course at the Naval War College with a lecture on the practical problems in international law which face naval officers. The Judge Advocate General also provides members of his staff to monitor the course at the Naval War College. The president of the Naval War College invites distinguished civilian professors in the field to attend and act as consultants in international law at the War College. I might add parenthetically that such a person is Professor Lissitzyn. For many years the JAG Journal has treated some subjects of international law as they became matters of special interest to the naval service. In 1960, the Judge Advocate General devoted an entire issue to a symposium in the field of international law. This was because of its increasing importance to the naval service. This symposium was put together, cleared and published without incident. Copies of it were used in the course at the Naval War College. Last year it was decided that the JAG and the president of the Naval War College should jointly sponsor a symposium. As anyone knows who has ever been editor of a law review or a like professional journal, you have to solicit articles from distinguished authorities in the field you wish to cover. Such solicitation is not an easy task. It calls for persuasion and even, upon occasion, cajoling. There is no compensation involved-only the professional prestige which comes to the author through publication in a recognized professional journal. I believe that the JAG Journal has had such professional stature through the years. It has not been difficult, therefore, to solicit articles from distinguished lawyers, including civilian professors. The 1961 issue, as I understand the committee is aware from previous testimony, was originally submitted for clearance during the month of March 1961. Four articles of this issue were rejected for publication by the Office of Security Review, in the Office of the Secretary of Defense, in early April 1961. One was subsequently approved for publication after the title had been changed and there was minor reorientation of subject matter. That article, by the way, was by my Deputy, Rear Admiral Powers. The other three articles by civilian professors were withdrawn by the authors upon learning that they had run into censorship difficulties. All of the articles rejected were denied publication on the sole ground of being "in disagreement with the policy expressed in DOD Guidance No. 18 (Public Statements in Foreign Policy Area and Related Activities)." Six months later in November 1961, a 1961 international law symposium was issued with different authors and without any censorship difficulties. It is believed that there is now a better understanding of the function of service journals in general and the JAG Journal in particular in all offices that clear such articles. No article of the JAG Journal has been rejected since the ones to which I made reference above. That completes my prepared statement, sir. Senator STENNIS. It certainly is a fine statement, Admiral. It is helpful to us, and I know the question and answer period will be, too. I am going to ask counsel now if he will proceed. SIMILARITY OF FUNCTIONS AND PROBLEMS IN SERVICE JOURNALS Mr. KENDALL. Admiral, would the functions, the status and the problems of the JAG Journal be fairly representative of those encountered by other professional journals, such as Air Force Quarterly, and so forth? Admiral MOTT. I would think so, Mr. Counsel. Of course, my colleagues in the Army and the Air Force Office of Judge Advocate General put out service journals, too, which are an exact counterpart of mine. But I am familiar with the Air Force Quarterly, and I would say that in a somewhat different field they would be comparable; yes, sir. VALUE OF INTERNATIONAL LAW ARTICLES IN JAG JOURNAL Mr. KENDALL. I understand from your prepared statement that one of your functions is to keep your naval officers abreast of developments in the field of international law? Admiral MOTT. That is correct, sir. Mr. KENDALL. And one of the methods by which you do this is by distribution of the JAG Journal and articles in this particular field, is that correct? Admiral MoTT. That is correct, sir. We notice that every time we get out an issue which contains articles on international law, we have tremendous demand for it, because there is great interest in this subject in the naval service. Every naval officer realizes that some day he might find himself in the position for instance, of the commander of the destroyer skipper that was ordered to intercept and to board the Novorossisk. Especially has this realization sunk in since the Novorossisk and Santa Maria incidents. ISSUANCE, CIRCULATION AND FUNDING OF JAG JOURNAL Mr. KENDALL. For the record, will you describe briefly the JAG Journals with reference to frequency of issuance, number of copies, method of distribution, source of funds? Admiral Morr. The JAG Journal is published once a month. Sometimes, if we have an extensive issue which is devoted to one subject and is larger than the usual issue, we will combine 2 months. I think law reviews do the same thing. But, normally the JAG Journal is issued every month. Our normal distribution is from 10,000 to 12,000, although we go as high as 20,000 to 25,000 on an issue which excites a great deal of interest. The JAG Journal is distributed to all naval stations and naval activities and to the Marine Corps; that is, throughout the entire Naval Establishment. It also goes to libraries and schools throughout the country and abroad. Mr. KENDALL. And it is an appropriated fund? Admiral MOTT. Yes; it is. SOURCE OF ARTICLES IN JAG JOURNAL Mr. KENDALL. And I assume that it is properly to be classed as an academic, professional publication or periodical, is this right? Admiral MoTT. I would say it is. Mr. KENDALL. You have indicated generally how you obtain your articles which appear in the publication. For clarification, do you obtain these articles both from military people as well as civilian people? Admiral MOTT. Yes, we do. When we plan an issue which is going to treat of a certain subject, we try to think of the person who could write the best article and the best explanation on that particular subject. Then we go and get that person to write an article." Mr. KENDALL. In other words, when you determine that you have a need for a particular type article, you will go to a selected individual who is an authority in that field and request that he prepare an article, is this right? Admiral MOTT. That is correct. I might say we twist his arm. Mr. KENDALL. And I believe you have already testified that, whether the authors are military or civilian, they are not paid for the articles? Admiral MoTT. They are not paid, that is correct. Mr. KENDALL. Now, what procedure do you follow with reference to the review of the article when it is submitted to your office initially? REVIEW PROCEDURES FOR JOURNAL ARTICLES Admiral MOTT. Well, this is where the word "discretion" first appears. We review the article for substantive content and for academic content to see, first of all, whether or not it is the kind of article that we wish to sponsor in our professional journal. Then when it is over |