The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-12-14

the House Considered the Case OF
Judge SwaXne of the Northern Dis
triet of FIOrida-ThouEht Most
| Guilty in His Charges for Daily
Expenses - Speeches for and
Against Him Heard.
Washington, Dec. 1S.-Sitting as a
grand jury the House of Representa-
tives to-day, with almost full member
ship, and after more than five hours
discussion, to the exclusion of all 9TH
er business. adopted a resolution pro-
viding for the impeachment of Judge
Charles Swayne of the Northern Dis
trict of Florida for "high crimes and
misdemeanors.
! The case against the respondent was
clearly set out by Mr.. Palmer of Penn
sylvania, chairman of the sub-commit-
tee of the Judiciary Committee, which
heard the evidence in the case. He
carefully dissected the evidence bear
ing on each of the specifications, and
said that if it were found that Judge
Swayne had done we'll he should be
vindicated, but if he had done i'll, he
should be sent to trial. where his ex-
cuses and apologies may or may not
receive consideration"
He was followed by Messrs. Clayton
of Alabama, Powers of Massachusetts,
Henry of Texas and Lamar of Florida,
each of whom in most vigorous terms
advocated impeachment. Messrs. Gill
lett of California and Littlefeld of
Maine in speeches. opposed their col
| leagues on all the specifications, ex-
cept the one as to the account render
ed to the government by Judge Swayne
for travelling expenses.
Throughout the session intense in
terest was shown by members. Fol-
lowing the adoption of the impeach-
| ment resolution, a provision was made
for the appointment of five members
to notify the Senate of the impeach-
ment, and for a committee of seven to
present the case to the Senate.
To-day's proceedings were the first
of their kind since the Impeachment in
1876 of Gen. w. w. Belknap. who was
| Secretary of War in President Grants
rabinet.
Read the Specifications.
/ After Mr.. Hemenway of Indiana,
from the Committee on Appropria-
/ tions, reported The urgent deficiency
bill, and gave notice that he would call
1 it up tomorrow, Mr.. Palmer of Penn
sylvania, from the Judiciary Commit
] tee. called UP the -Swayne resolution.
| Speaker Cannon compelled silence
while 1t was read, remarking that ev-
| cry member should hear it. Mr.. Pal
mer then read the specifications
against the judge, upon which the
committee had based its action.
In support of the charge of misbe-
havior Mr.. Palmer said the evidence
showed that out of each year Judge
Swayne spent on an average of 212
days somewhere else, neither in his
district holding court, nor outside of
his district holding court. Judge
Swayne, he said, never voted in Flor
ida, never registered there and never
lived there in any proper sense of the
term.
Mr.. Palmer then turned his atten-
ton to a review of the evidence taken
before the committee, the main fea-
lures of which already have been
published.
Was a Fire of Questions.
AS Mr.. Palmer detailed the various
amounts paid by Judge Swayne for
board and necessary expenses, he was
subjected to a fire of questions by sew
eral members. A question by Mr..
Adams, of Pennsylvania, If 1t was the
custom of the other judges to accept
the maximum of $40 a day for ex-
penses, reused M. Palmer, who answer
ed with an emphatic, NO" adding
that if II was the custom it would be
no evidence in this case. I'VE are"
he said with emphasis, trying the
case of Judge Charles Swayne and
not all the other judges of the United
States"
Replying to Mr.. Lacey of Iowa, Mr..
Palmer said the committee did not look
into the question of whether or not
the rate of $40 a day was fixed al
lowance, not thinking 1t relevant.
The charge against Judge Swayne OF
swearing that his expenses were $40 a
day when in fact these expenses were
proven to be considerably less, he
said, stands unexplained and unde-
Tended by the judge.
In order that 1t might be considered
as a part of the record in the case and |
taken into account in making up the
decision of the House. Mr.. Clayton of. |
Alabama quoted from a decision Of the |
Court of Claims regarding what may |
be regarded as proper expenses of a |
judge.
After concluding his resume OF the |
evidence Mr.. Palmer said that IL Judge |
Swayne had done well he ought to be |
vindicated and sent out with the COM |
mendation. well done, good and faith |
full servant" If Judge Swayne had |
done III he ought to be sent to trial, |
where his excuses and apologies may /
or may not receive consideration" II /
the House was of the opinion that /
Judge Swayne's conduct had been COM
mendable, let him go scot free"
But" he added. amid impressive ST.
lence, in my judgment It will be a
sorry day for the republic when such |
behavior is commended by the repre-
sentatives Of the people"
The courts, he declared, are the
refuge OF the weak, defenseless and |
oppressed. and upon their integrity and |
purity depends the preservation OF life, |
liberty and property.
The fact that there has been no |
impeachment OF a judge for more than |
seventy years was sufficient evidence |
OF the efficiency, integrity and honor
OF the courts. Mr.. Palmer closed by |
saying: That they may be kept pure
and free from all reproach II my pray
er and my hope. and for that reason / |
shall vote 70 impeach the Hon. Charles
Swayne."
without distinction 80 to party, Mr..
Palmer was loudly aDplauded as he
took his seat.
Nr. Clayton Of Aiabama. . member
OF the Judiciary Committee. followed,
devoiinE much time 20 "A discussion of /
what constituted high crimes and mia.