The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1889-01-25

lie May ne Pardomed amt Retirea and
General Black Appointed btis Successor
~ Judge Advocate -t;cnrral.

0curfui MACK AupOiuteu btts Succc~xnr
~ Judge Advocate -<;cneral.
WASHINGTON. Jan. l7.--Ceneral Swaim.
the titular Judge Advocate General ~
the United States army, now undergoing
the sentence Of colrt-martial. has been
ordered before a retiring board. At IN
events. Il board was ordered 10 examine
him 10 ascertain whether or not he can 10
retired. II Is the opinionof those who ~.
acquainted with the order for the board
that IL Is preliminary % retirement. ana
that the pardon Of General Swain ana
the order retiring him will be contained
IN one general order, and that this order
will be Immediately succeeded by the al.
pointmcnt Of General J. q. =. Black Al
PRESENT Commissioner 90 Pensions. 10 tia
lifc-office OF Judge Advocate .Generai ~
the United States army, 10 fill the vacancy
thus created.
The position Of Judge Advocate Gen.
eral Swain in the army is well under.
stood. !thas no parallel IN our military
history. He was sentenced in July. lsNl.
10 suspension from duty for twelve ycars
on half pay. The sentence will expire II
July, ls.I. AT the end Of that tine he
would be entitled To restoration 10 his of.
flee. lie would then have seven years 1.
serve before he could be retired under the
Compulsory Retirement act. Ii has long
been a serious problem in the army how
10 dispose Of the ease Of Swain ana main.
tain discipline IN the army. This could
only be done in two possible ways. One
was 10 nominate his successor and secure
for him a confirmation. The other was To.
pardon aud retire him.
decision OF the United States Supreme
Court, rendered a few years ago. makes
il possible for the President. II he can sc-
cure the concurrence of the Senate. to va
cate all Of the commissions in the army
any navy. President Cleveland. il in
clined to do 50. could not have disposed
Of the case Of General Swain in this
manner, for that officer has a great many
personal friends i'll the Senate. Aside
from that a good many United States
Senators are unwilling 70 recognize this
decision OF the Supreme Court. Eminent
lawyers are Of the opinion that upon
further and more extended hearing (tEe
hearing on the decision in question was
unsatisfactory the court as now conSti-
tutcd would reverse the former decision.
This decision puts nm extraordinary
power into the hands OF President and d
partisan Senate and in times Of political
excitement might work a grave injury 70
the army and navy and To the
Republic. Such disposition OF the
case Of Swain was, therefore.
not 10 be thought Of. There re-
NAMED only a pardon and a retirement,
fot II appears not 70 have occurred 10 the
Administration that he should be par
doned and restored 10 active duty. II
would be his right 10 assume the duties Of
his Office. unless retired for some one Of
the causes known to the military law. An
army officer may be retired ti) for d-a
bility: CIV because uf thirty years contin-
uous service: C3l becauseof age. General
Swain can only be retired on the ground
Of physical disability. Can that cause be
found: II Is asserted that il can be, and
that Swain j. willing 70 be pardoned and
TO be retired on that ground. As prelim-
mary 10 such a movement, the Board ~
Retirement was ordered. What next:
Part OF this movement Is said 70 be 10 pro-
vide a life place for General Black. at
present Commissioner Of Pensions. The
friends OF General Black, so far as they
are at liberty 70 talk about the matter,
say that they expect that Swain will be
retired in the manner indicated, and that
then Black will be made his successor.