The Birmingham age-herald., 1904-03-26
House Committee Submits a Formal Recommendation
 That He be InpGached
HAS FORFEITED RESPECT
 AND CONFIDENCE IF BAR
DisqracefuI Perverson of the Law Has Been Made Possible By His Stupidity or His Vim
 dictive Nature.

Washington. March 25.-"Resolved that Charles Swayne, judge of the district court of the United States and for the northern district of Florida, be impeach- ed for high misdemeanor."
 This is the recommendation of the house committee on the judiciary to the house in the report of the committee filed today by Representative Palmer of Pennsyl- vania, chairman of the subcommittee which investigated the case against Judge Swayne. After discussing the charges in detail against Judge Swayne and giv- ing the findings in each case, the report concludes as follows
 Upon the whole case it is plain that Judge Swayne has forfeited the respect and confidence of the bar of hls court, and of the people of his district who do business here. He has also so conducted himself as to earn the reputation of being susceptible to the malign influence of a man of notoriousy bad character. He has shown himself to be harsh, tyrannical and oppressive, unmindful of the common rule of a just and upright judge. He has continuously and consistently violat- ed the plain words of statue of the United States and subjected himself to punishment for the commission of high misdemeanor.
 For Constructive Contempt
 He has fqed and Auprisoned members of his oar for d constructive contempt with out the authority of law, and without a decent show of reason, either through in- excusable ignorance, malicious intent to injure, or wanton disposition to ex- ercse arbitrary power. He has condemn ed to a term of Imprisonment in the country jail a reputable citizen of the state of Florida over whom he had no jurisdiction, who was guilty of no thought of a contempt of his court for no offense against him or in the presence of the court, or in obstruction of any order, rule, command or decree. And after the &C., cused had purged himself on oath.
 For all these reasons Charles Swayne has been proven guilty of misbehavior in his office of judge, and grossly viola Ing thee ondition upon which he held this honorable appointment. The honor of the judiciary. the orderly and decent administration of public justice, and the welfare of the people of the United States demand his impeachemnt and re- moval from the high place which his conduct has degraded.
 As to the charge that Judge Swayne is a nonresident of his district the re- port concludes:
 Is a Non-Resident.
 From the testimony in the case, your committee find that Judge Swayne has never acquired a legal residence in the northern district of Florida, nor has he actually resided there as required by the act of congress.
 The next charge considered In the re- port is that of the disbarment, imprison- ment and fine imposed by Judge Swayne against E. T. Davis and Simeon Beldon. This case involved litigation regarding a certain tract of land, a section of which the report says, was purchased by Judge Swayne in the name of his wife while the proceedings were pending before his court.
 The two attorneys mentioned brought suit against Judge Swayne in a county court for the purpose of clearing title to the land, "whereoup Judge Swayne," the report says, proceeded to adjudge Geldon and Davis guilty of the charges which were in violation of the dignity and good order of the said court and contempt thereof and after some abusive remarks sentenced tIeIn tO Dt dlSDdiItu for the term of two years and to pay q fine of s1Oo each, and to undergo an im- prlsonment for the period of ten days in the county jail"
 The committee passes judgment on this transaction in the following language:
 Abuse of Judicial Power.
 "Your committee are of opinion that Judge Swayne was guilty of gross abuse of judicial power and misbehavior in of- flee in this case. They believe that he had no authority or right to adjudge Simeon Beden and k. T. Davis guilty of contempt of court under the circum- stances of the case; that the sen- tence imposed by Judge Swayne was un- authorized and unlawful It can be &C., counted for only on the theory that the dictive."
 The case of Hoskins the report terms one of peculiar hardship"
 Hoskins had accumulated property to the value of $40.00O and owed debts to the extent of $10OOO. The evidence is full and convincing" the report says. that a lawyer named Boone conspired with one Calhoun to put Hoskins in bank ruptcy in order to plunder his estate" Calhoun sent a man to seize Hoskins' books at one of his branch stores, Hoskins being a dealer in turpentine. He found certain book which was taken away by young son of Hoskins after he had stated that it contained nothing about his fath- CTS business Contempt proceedings were begun before Judge Swayne and the young man adjudged guilty. although, the report says, evidence was offered to show that the book contained nothing whatever bearing on the bankruptcy case. Young Hoskins went into hiding to escape arrest, and stated that he would rather die than go to jail. When the charge was not dismissed, he killed him self.
 Lent Himself to Conspiracy