Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-07-15
ssStrained Relations, at the War De.
partment.
SECRETARY LINCOLN AND JUDGE ADVOCATE GENERAL

tteI8t1OnSSS
partment.
SECRETARY LINCOLN AND JUDGE ADVOCATE GENERAL
SWAIN.
In regard to the reports that for some time past
the relations between Secretary Lincoln and Judge
Advocate General Swain have not been OF a
friendly character, the Washington correspondent
OF the Baltimore sun says: "The Secretary, il is
asserted has frequently overrued decisions of the
judge advocate general. When Gen.
Swain became judge advocate general of the army
four OF the seven judges advocate were stationed
In Washington, three In the bureau OF military
justice, and military secretary to the Secre-
tary of War. The latter is Brevet Col. Thomas F.
Barr, who occupies desk in the same room with
the Secretary" The correspondent goes on to
state that some time ago Gen. Swain proposed to
Barr detailed to duty at the West Point Military
Academy, and the other three judges advocate
who VINO were & performing clerical duty Cen Swain
ry, however, dfSapproved the order detailing Col.
Barr to the Military Academy. SIT Is also as
Serted" says the correspondent, "that Col. Barr
was an aSpirant for the judge advocate genearal-
ship prior to the appointment OF Gen. Swain.
Since the appointment OF the latter a feeling Of
Jealousy Is said to exist between these two officers
Col. Barr, having the OF the Secretary at all
times, has an advantage not enjoyed by the
other"
WHAT COL BARR SAYS.
Col Barr, Secretary Lncoln's military secretary,
when approached upon the matter to-day by a
STAR reporter, at first declined to say anything
upon the subject. UDOn being asked as to his
connection with the alleged trouble, he replied:-
" Gen. Swain did request the Secretary OF War to
have me transferred to the West Point academy,
as was published in THE STAR at the time the re-
quest was made, but the Secretary simply declined
to grant the request Gen. Swain made a mistake
In requesting the transfer, for was not under his
authority at all. This office and the Office of mil
ftary justice are entirely separate ana distinct,
and there IS no friction whatever between them.
The reports OF the judge advocate general are
of
the Secretary oyerrule them when they do
not meet with his appreciation. This was done in
the case OF the report on the Mason case as the
whole country knows, and there was nothing un-
usual about it; but wouldn't care to say thing
more upon the subject"
THE SERGEANT MASON CASE.
1t will be remembered that in his first report
on the Mason case, Gen. Swain took the ground
that the prisoner was illegally confned-in that it
was impossible for Mason to have committed the
offence OF assault, with which he was charged,
when the positions OF the men and the surround
ing circumstances were taken into consideration.
The report which the Secretary of War made to
the President did not, however, uphold Gen.
Swain, but said that the court-martial was legal
The review OF the Mason case by Mr.. BigelOw,
Mason's attorney. was recently referred to Gen:
Swain by the President through the Secretary OF
War for an opinion. Gen. Swain takes subStan-
TALLY the same grounds in the second as in the
this Will also be oyerrued by the Secretary OF War
1t is the opinion OF prominent army officers who
hold close relations with the Secretary that he is
an unusually sound lawyer, and it is well known
that any question OF military law to be decided
ceves very thorough consideration at bis hands.
Reports are, OF course made to him through the
regular channels but if they do not meet with his
entire appreciation they are ldtl aside, and those
made upon his own Judgment substituted.
GENERAL SWAIN SAID
to STAR reporter to-day" There is no quarrel
existing between the Secretary OF War and my
self. / do not wish to make one, and have no
sympathy with any one who endeavors to make
one" His attention was called to the newspaper
article, in which he is represented as saying
have understood from several parties that he the
Secretary of War; has On various occasions spoken
in uncOmplimentary terms or me; but / must
say that whenever / have occasion to visit his
office he has treated Inc ctvilly. l have no
doubt that persons have grossly misrepre-
Sented me to him. which may have prejudiced
him against me. He has overruled several OF
my deciS OnS, but am willing to stand by them
under any circumstances. | have prepared most
OF the opinions that have been made by this
bureau since l became judge advocate general.
Before l came here the most or the cases were re-
viewed by the assistants and my predecessor SIM
ply approved them Frequently. after case has
been reviewed by my assistants have had to re
write the opinion, because it was not in accord
ance with my views. Frequently have heard of
conclusions reached in certain cases circulated in
the Secretary'S office before l had reviewed the
case. do not intend to deviate from my present
course under any circumstances / feel that
have interpreted the military law correctly in
every case that has come before me, and am will
ing to go before the world with them. / intend TO
run the bureau of military justice to the best ad
vantage to the service or will resign my commiS-
si0n"
General Swain said to THE STAR reporter:-ssI
Will not say that that Is not my opinon, but I do
say that no one had the authority TO make such
statement or to quote me as saying that"