The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-27
SHOULD GEN. SWAIN BE RETIRED ,
A Measure which is Practically Based On
His Case.

A MEASURE which IL Practically BASED On
| His Case.
WASHINGTON May 2G-Although Congress-
man Grosvonor's bill for the retirement Of OFF,
GERS under sentence Of court martial mentions
no names 1t POINTS straight enough at Brig
Gen. David q. SWAIN That olficer Is tile THU
| lar Judge Advocate Gencral OF the army. His
name appears as such In the last Army Regis.
ter, rs In preceding ones; yet he Ia suspended
from the exercise OF his duties and has been
| so suspended during more than five years.
| What Is more, the sentence OF the court mar
tial being TO suspension from rank and duty
for twelve years. its execution will entirely I'LL
out the interval until Gen. Swam's retirement
| Is due. In other words. lie will never again
actively serve ms Judge Advocate General, UNI
| less his sentence should be reversed.
| The pending hill of Mr.. Grosvonor provides
| that when an army or navy officer has been
| sentenced to suspension for period extend
| ing beyond the date when his retirement would
| lie authorized by law, tho President may at any
| time remit the uneXpirel portion OF the sem
| tence and place him on the retired list As Mr.
Grosvenor Is friend Of Gen. Swain. and has
In past years sought Executive clemency for
him, tho present bill may doubtless Le consid-
cred MS drawn in his interest That this is SO
Will also DO evident on recalling that no Is now
"hNSA 'Ao 'ohNSiCC VI AIc COURT GBttlNluG only
half paw while if retired ho would have three
fourths pay. Furthermore. the remission OF
the uneXpred part OF tho sentences. which Is
made necessary feature OF retirement under
this bill might be interpreted. Ii not as a VIM
ulcatlon OF Gen Swain, yet ut least as an ex-
excise OF clemency in his favor.
Ihere are some reasons for supposing that
MIR. Grosvenor's bill may find favor in Congress.
one objection to 1t may be founded upon its
sweeping character as general law. In order
to avoid the appearance of special legislation,
possibly also to obviate legal objections as to
the reopeninG of sentences OF courts martial.
the present measure is made applicable to any
officer. whether OF tho army or the navy. Since
the only existing case to which 1t would apply
Is that OF Gen. swain. 1t may perhaps DO urged
that general law might work less desrablyin
a second specific instance. Still the reioinder
would be that the disadvantages which have
arisen in Gen. Swaims case would occur in any
other under a similar sentence.
Considerations Of the good Of tho service
are more important than personal ones in this
case, although 1t happens that the former rsen-
force the latter. Tho present anomalous con-
dition OF affairs in the Department OF Military
Justice ought to be ended, II this can Judi
ciously be done. 1t is true that the Assistant
Judge Advocate General, Col. Guido n. Lieber,
guished ability. who has performed, during the
past five years. with marked efficiency and |
success, the duties belonging TO the chief OF
his department But 1t is now, as it always has |
been. standing reproach that the officer |
whose special duty is to advise the President |
justice should himself be under sentence for
conduct to the prejudice OF good order
the sixty second article OF war The first
sentence pronounced by tho court martial in
nS case was , from rank duty md
sentence President Arthur re used to approve.
as being too lenlent. considering the position
The second sentence was suspen-
sion sion from rank. duty and pay for one year and
BY areduclion to the grade of Major, which is
the lowest in his department This also
h fISS Arlhur declined TO approve and
settled that Gen. Swain should
never p again exercise any active duties US
years on the Army Register precisely as If in
ne actual charge. of bis duties as Judge
is rather strange.
There are TWO special reasons why Mr.. Gros-
ven0rs method Of solving the difficulty may be
timely: Ono is that there is now
Department. 20 increase the force OF the Judge
Adyocate, General office; So mDortan! Is this
eorganizing the sian corps of the army, it is
'umbsa OF 9yGP Fl. at the of the
.artment. and the Subsistence Department.
it'll our stan as large 1t is, In proportion 10
he line. the proposed addition of four new /
Judge Advocates NAV very naturally be ac-
ompaniei by equivalent staff reductions else
who're: but at least part of this necessity
night he obvi1ted by the substitution OF an 6
ctiye officer for Gen. Swain.
A second consideration IL that Col Iieher
now and has for five years been performing /
II the duties of the head OF his department on I
AMI, and Ray Of the grade below This is ;
arily Just 10 him, and 1t therefore seems .,
roGabe mat his friends could be relied uron
0 support the measure now peuding for the
etlremcnt OF Gen: Swain. About n year and
half ago some OF the latter officers friends I
lade an attempE to have his case reopened. a
It'll view TO the reversal OF the sentence. a
o such trreEularity, however. was found in u
10 proceedings as would Justify this action, C
nj the next stop taken was 20 have him re- T
red for physical Disability. 1t was said that If
us disability could be established Gen. Swain
ould accept retirement on that ground pro- a
ded i should be accompanied by the remit n
ng OF his sentence. Examination disclosed b
lat he was physically able to perform the =
lties OF his office. and now the present meas !.
re has been substituted. Perhaps when Mr. u
ntcheon's STAFF corps bill comes up for dis Il
lssion, the proposal Of Mr. GrosVenor NAV a
considered at the same time. II