The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-12-13
SWAYN LIKELY
TO 81 MPEACHED.
Committee Is Practically iUnani-
nous, Though Members Dis
agree on the Ground.
MINORITY VIEW PRESENTED
Report Finds Z hat on One Point
1inpeachable Ofenso Has
Been Made Out
MINORITY VIEW PRESENTED
~ 4 a,c.,sad 1rses,l

ny A0oc4aked YFeee)
WARRINGTON, .. g., Da0etnber H.
Eight Republican nssnbers Of the Houso
judiciary Committee Representa- ves
Parker (Sew JsNsy3, Jenkins (W1scon-
sin), Alexander (rsw York). I1ttlsfteld
(11aIne). Thomas uowa). 0ilett tCali-
formal. Pearre (Maryland> ana Warner
Ull!nols) to-day submitted to tho House
their views In tho oase Of Judge Charles
ewayne, OF the Northern District Of
FLORIDA. While disas1eeing In some par
t,oulazs with the Views submitted for tho
full committee last week by representa-
tive Palmer (Pennsyivania) tho report
states that the question OF charging no
day for expenses has been brought out
for the first time In the addltinal testi-
mony taken since the last. session and
laid before the committee. With respect
to the record on that point, they are
OF the opinion that an in1peachable Of
fense has been made out" This makes
the committee practically unanimous FOR
impeachment, although differing on the
ground.
Tho Views submitted BY Mcssrs. Parker,
Jenkins Alexander, Lttefield, Thomas
Gallett, Pearre and Warner are as fol-
lows:
I'VE do not think that the additional
testimony strengthens the case against
Judge swayne except in the particulars
hereinafter referred to. On the contrary.
we think It materially weakens It. n
the particulars relied upon in the former
report. AS to those particulars, IN our
opinion, the evidence wholly fails to JUS
tify impeachment proceedings. ss
1--WE sot onl VI d o mot approve, but we
distinctly and emphatically d1sapprove.
however, OF the matter OF the use OF
tho private car!in charge OF the receiver
Durkee, in 1898. We think the judges
employees Of the receiver, Is a .legi innate
and proper object OF adverse criticism
and censure but since there is nothing III,
the record that tends to show that the
Judge was influenced in. any Of his judi
cial acts, either directly or Indirectly, OF
was attempted to- be influenced thereby
we do not think the facts present q case
Of such gravity as TO justify impeach-
]ment on tina ground. At
.,The making OF false certifica ties for rea-
soma BILE exp enses for travel and attend
ance is, now presented for the first time.
The testimony estabishes the fact that
in several instances. the last In 1903, his
disbursements for expenses we're consid !
erably less than the amounts he ccrtl-
| fled. which were uniformly $40 a. day.6VVe
| think the law does not authorize a dis
| trict Judge, under such circumstances, 70
4 certify more than his actual disburse-
4 ments even. unless they ale .reasona bic
& Unexplained, here, does not appear to ne
any justfica ton for making these certifii-
! Gates and receiving the money; appearing
to be due thereon. Evidence as to the al
)leged pra ctice Of other Judges In this re-
! spect was offered, and excluded, and we
think property. 1t would have been COM
petent for him when witness in his own
behalf to have stated why&ie made those
certificates. AS a witness. he ans
swered and explained every other
charge. This charge lie made nc, eff
fort. as a witness, to answer or xplain.
The inference from the record In gem
eral principles, is that the charge is adj
mitted to be true, and that he has no
explanation OF answer thereto. Whether
a sa tsfactory expla nation can be nahe'
we do not say. We must take the record
as It stands. Upon this record, until an
swered and explained, We are Of the
opinion that In this particular, an I'M
peachable, offense has been made OUT