The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-05

the object Of naming twelve years as his
period Of sentence was to carry II until
the spring Of 1897. 80 that he might not
DO again In active charge Of his Office. Pres
ident ARTHUR in approving that sentence.
had declared that It was difficult for him to
understand how the court could DO willing
10 have Gen. SWAIN retained upon the Army
Register, after expressing Its sense OF tho
improperly OF his performing the duties OF
his Office by imposing two eentences. under
either OF which no would DO deprived Of
his functions. "The idea," said President
ARTHUR, "that an Office like that OF Judge
Advocate. General should remain vacant In
effect for twelve yenrs. merely to save
part Of is enoluments to Its incumbent
under such circumstances, would seom to
come from an inversion OF tho proper rela-
tions of public offices and those holding them.
and is an idea not suited to our institutions"
Still, this anomalous condition OF tho ofiice
has existed ever since.
It Is evident from these facts that Gen.
SWAIN would secure two points In his favor
by tho arrangement now proposed. In the
first place. he would begin to receive at once
retired pay. which Ia three-fourths Of the
active pay OF his grade, instead OF tho half
pay imposed upon him by his sentence,
which must continue otherwise several years
longer. In tho next place, he would secure
a remission Of sentence, which would be
priced for its possible Interpretation % an
exercise OF cemenoy In his favor on the as
sumption that the flnal sentence was too
severe. or not warranted by the facts.
And the military establishment would also.
4 l.. - No.
ment. The present state OF affairs is most
unusual, tho head Of this department be-
ing carried along year after year upon tho
Army Re ristcr without performing any Of
les dutlcs. Although the competent and
efficient discharge OF those duties by the
officer next In rank. Col. GUIDO N. LrEBER,
has for more than elk years caused every-
thing to 20 on smoothly. yet it's source Of
continuing comment that tho titular In.
cumbent OF the Office which reports upon
every court-martial proceeding which tho
Secretary has to submit to tho President
should himself be under twelve years
sentence for conduct to the prejudice OF
good order and military discipline.
Moreover. other plans for ending this
anomaly have hitherto proved futile. Anew
years ago an effort was made by the friends
of Gen. SWAIN to have his case reopened, be-
lieving that more lenient view Of 1t would
be taken: but NO sufficient irregularity in
tho proceedings could DO discovered.
Then he was ordered before Boari to see
whether he could be retired for physical dis
ability; and this scheme also failed. as the
medical officers did not find him incapaci-
tated for service. A third plan was that OF
appealing to Congress. as was done by Gen.
GnosvENoR's bill for the retirement by the
President at his discretion OF any army
or navy oflcer sentenced to suspen-
sion for q period extending beyond
tho time when his retirement would
be authorized by law; but that bill was not
passed. Other projects looking to the Same
end. such as the ousting Of Gen. SWAIN
by simply nominating his successor and
having him confirmed by the Senate. have
been palpably Objectionable on several
grounds, including the creation OF danger.
Gus precedent, as we'll as the overriding OF
the rights left to Gen, SWAIN by the decision
OF tho court martial Now. however. the
possibility OF applying the thirty years re-
tirement law suggests q new resource; and
since Cen. SwAIM's voluntary application Is
necessary under that law, he 10 apparently
In position to suggest terms.
1t Is an extraordinary case.