Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-02-25
Gen. Swafun-s Sentence.

TWELVE YEARS SUSPENSION on HALF PAY
THE PRESIDENT EXPRESSES HIS DIsPLEAsURE
AT THE FINDINGS OF THE COURT.
The President has finally approved the find
ings of the first court-martial which tried
Judge Advocate General Swaim and the ac-
cused has been sentenced ''to be suspended from
rank and duty for twelve years, and to forfeit
one-half of his monthly pay every month for
the same PERIOD The President, in approving
the sentence, which Is promulgated in a gene
raj order, expresses his diSpeaSure with the
findings, and says that il is difficult to under
stand how the court could be willing to have
the officer tried retained as pensioner upon
the army register, while it expressed its sense
of his unfitness to perform the duties OF his i'm
under which he woutd be deprived perma-
nently of his functions. To keep an office like
that of judge advocate general vacant for
twelve years to save part of its emoluments to
its incumbent is in effect, be says, an inversion
of the relations of public offices and those hold
ing them. The President, however, approved
the sentence. that the proceedings might not
be without result.
OF the first charge, "conduct unbecoming ar
officer and gentleman" in connection with the
Bateman financial transaction. the court found
General Swain mot guilty" but guilty of con-
duct prejudicial to good order and discipline" !"
and of the second charge .'neglect of duty"
mot guilty." Upon these findings the court at
first sentenced the accused to be suspended
from rank, pay and duty for three years. The
President, after examining the findings and
sentence, returned the record TO the court. for
reconsideration to the findings upon the
first charge only and as to the sentence neither
of which he believed TO be commensurate with
the ofienses as found by the court. A long COM
munication from the Attorney General, who
reviewed the proceedings was also transmitted
to the court objecting to the sentence upon the
ground of ''obvious Inconsistency between the
findings of fact contained in the specifica-
tions and the graduation of the ofiense in the
substantial charge" The court maintained its
original position regarding the finding TO the
charge, but changed tie sentence, adJudging
General Swain ITO be suspended from rank
and duty for one year, with forfeiture of all pay
for the same period, and at the end of that
period to be reduced to the grade of judge advo-
cate, with the rank of major in the judge advo-
cate generals department." The President dis
approved this sentence on the ground that it
was unconstitutional, as 1t both created an Of
flee and filled 1t, encroaching on the preroga-
tives of the executive. He again sent back the
record fOrrevision and the court again changed
its sentence and adjudged General Swain Ito
be suspended from rank and duty for twelve
years and to forfeit one-half his monthly pay
every month for the same period" Gen. Swain
may be retired December ID, 1896. The sem
tence of court suspends him from office up to
and beyond the date of his possible retirement
The trial Of General Swain on the charge
having violated the sixtieth article of war; In
having sold forage issued to him for his own
personal use, resulted in an honorable acQuittal.
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