The Evening critic., 1885-02-25
SWAIN AND MORROW.
Their Sentences as Approved by tht
President.


President.
! JAS approved by the President Judge-Ad.
vocate. General Swain Is sentenced to sus-
pension from duty for twelve years on half
pay. Three different sentences in tho case
were sent to the President by the court
martial which tried General Swain.
The court at first sentenced the accused
Ito be suspended from rank, duty aud full
pay for the period ofthree years"
Tho President returned tho sentence to
the court as not being commensurate with
tho oflense as found by the court. Ac-
companying tho Presidents reply was n
communication from the Attorney General
in which the latter characterizes the ac-
tion of the court as involving a serious
lowering Of the high standing and honor
which has been the pride and glory of our
military service.
He says "It should not be necessary to
prove that an individual Is moral mon
stIosity In order to demonstrate his unfit
ness to be trusted officer of tho Army"
After wrestling with the subject for the
second time, the court adhered to its find
ines but changed the sentence to suspension
from rank and duty for one year, with for
ieiture of pay and at the end of that period
to be reduced TO tho grade of judge-ad vocate
with the rank of major, ia the Judge
Advocate. Generals office. The President
returned this finding to the court, pointing
out that the sentence was illegal in pro-
vidiDg that after the expiration of the
period OF suspension General Swain should
be placed in another Office oflower rank in
his present department, as the sentence
could not bo enforced by tho Executive
alone, and undertook 20 exercise both legis-
laiive and executive functions.
The Court thereupon revoked its former
sentence and sentenced General Swain ito
be suspended from rank and duty for twelve
years, and to forfeit ne.half his monthly
pay every month for the same period"
This sentence the President approved, but
added by way of comment:
'Tt Is difficult to understand how the Court
could be willing TO have the officer tried re-
tained as pensioner upon the army register,
while 1t expressed Its sense OF his unntness to
perform the duties OF his important office by
under either OF which he would be deprived
permanently OF his functions. The idea that
an oflce like that OF Judge-Advocate- g Geueral
should remain vacant in effect for twelve
years, merely to save q part of its emolum ents
10 Its incumbent, under such circumstances
would seem to come from an inversion OF the
proper relations of public orces and those
holding them, and is an idea not suited 10 our
institutions"
General Swain may be placed on the re-
tired list in 1896. His suspension for 10
years thus carries him beyond the date of
his retirement.
The sentence in the case Of General Nor
row, charged with duplicating his pay ac-
counts, has been affirmed by the President.
He is to forfeit all right to advancement for
the period of two years, SO that at the end
Of that time bo will still be the junior lieu
tenant. colonel Of cavalry. Two colonels of
cavalry will retire during the period COW
cred by Lieutenant. Colonel Morrow's SEN
tence, from whose retirement he will of
course derive no benefit.