The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-03-24
Don't Know What TO Do With
SWayRes Case,
WANT TO SIDETRACK MATTER
All Members Are Eager to Get Away
From Washington and lmpeach-
nent Proceedings Would Last
Many Weeks.
BY wATTERsoN sTEALEY.

or Wal IERSON STEALEY.
Washington, March 23.-(speeial.)-In-
terest In legislation is centered upon the
swayne impeachment case and its effect
upon the date Of adjournment of congress
The brightest minds in the senate and
house are at work to find some way in
which the case can be sidetracked. but
SO far unsueeessfully. All the members
are anxious to get away from Washing
ton shortly after the first of May but un-
less the unexpected should happen and the
house should refuse to sustain It's judi
ciary committee. it is evident that there
will be some difficulty in getting the
Swayne case out of the way.
Palmer of Pennsylvania is now busily
preparing his report for impeachment, and
1t is said to be a strong document. which
will leave little doubt in the minds of it's
readers that Swayne should be removed
from office. This morning a number of the
senate and house leaders talked the mat
ter over. but no plan was agreed upon. A
great many claim that Swaynes resig-
nation would clear the atmosphere. This
Is based on the deciding vote cast against
Bellknap's impeachment bill by Senator
Eaton of Connecticut who contended
that Bellknap having resigned. could not
be impeached
An Indirect Precedent.
This is only an indirect precedent and
Senator Blackburn of Kentucky, who i'm
peached Belknap from the floor of the
house and was one of the house managers
before the senate, contends that this is
bad precedent. In the Bellxnap case the
senator pointed out that while there were
no precedents in this country. the Eng
lish house of lords had in two cases-those
of Lord Hastings and Lord Baoon-ex-
pressly held that a resignation could not
prevent impeachment.
However. should Swayne resign IT is
probable that congress would be glad to
get rid of the case on this ground.
Another scheme receiving consideration
Is reporting a bill from the committees
combining Judge Swayne's district with
another federal district thus legislating
him out of office. This is being seriously
considered by some of the republican
leaders as a means of avoiding the case.
but it is extremely doubtful IL federal
Judge appointed for life can be legislated
out of office. In fact. Representative
Smith of Kentucky, q member of the
house judiciary committee, and other law
yers, do not believe that the case can
be legally hushed by the passage OF any
such bill.
The precednts In the Belknap case
plainly show that the house will not be
able to adjourn and allow tho senate to
remain in session. During impeachment
cases it frequently becomes necessary for
the managers on the part of the house
to ask the body they represent for FUR
ter instructions, thus making necessary
the presence of the lower body Of con-
gress in Washington.
Would Take Many Weeks.
In case the Swayne case is brought up
in the senate there Is telling how
long it will take to try It, Tho Balknap
impeachment proceedings lasted four
months. and while the Swayne case would
not of itself take up that much time,
1t is evident that congress with the other
work now on hand could not adjourn
until July / or later.
Swayne's attorneys would. OF course. be
allowed a reasonable time in which to
prepare the case and this would hardly
be less than six weeks. In the meantime
the administration can readily see what
would be going on in inactive house
while the senate Is sitting as a court.
While adjournment would be the order
of the day. speeches upon every concefv-
able local topic would be delivered by the
democrats and resolutions providing for
Investigations Of this and that depart
ment would have to be regularly voted
down by the REPUBLICANS.
Members believe 1t is undoubtedly the
duty of congress to take IN the case and
either acquit Swayne or impeach him-
The mere fact that members want to get
away from Washington and that Is tho
only excuse offered should not stand In
the way. IT can be depended upon, how
ever that II an opportunity presents IT.
self the republican leaders will dodge the
case and the chances are that they will
find some way in which to do 1t.
The difficulty about sending the case
over to the next session is that congress
must adjourn on March 4. and already
everything possible has been postponed
for the crowded docket Of next winter.