The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-27
PROPOSED IMPEACHMENT OF FED
ERAL JUDGE.

The impea ehment of federal judge. in
~oIving his removal from office, is a Sc
rious matter and should only be under
taken for grave cause and upon careful de-
liberation. 1t has occurred only four times
in our history. IN 1903 District Judge Pick
ering, OF New Hampshire was impeached
on charges of drunkenness and profanity
moved from office. In 1904 articles OF i'm
parchment were found against Judge
Chase of the Supreme Court, but he was
found not guilty. In 1880 District Judge.
Peck. of Missouri, was impeached on the
ground of arbitrary conduct and was &C
quilted At the outbreak of the rebellion
District Judge w. a. Humphreys, of Ten
nessee, was impeached and removed for
active participation in the rebellion.
1t speaks well for the high character of
the federal judiciary that out of the hun
dreds who have served as United States
judges charges have been brought against
only four. and in only two cases were
the charges sustained. Our Presidents nave
always exercised great care in making ap-
pointments to the bench. and in almost
every instance their selections have been
justified TO the bar and the public by the
adherence of the judges to very high
standards, and by long and faithful serv-
ice.
The charges against District Judge
Swayne, of Florida, are serious enough to
justify thorough investigation, and the re-
port of the judiciary committee of the
House sustains them. 1t is possible, how
ever, that they may not be sustained by
the House. They indicate a violent tenn
per. susceptibility to bad influences and ar
bitrary exercise of power. The report cites
several instances and summarizes them
by saying: He has shown himself to be
harsh. tyrannical and oppressive, and un-
mindful of the common rule of a just and
upright Judge" The cases cited are fla
grant, and. if substantiated, Judge Swayne
should be removed from the bench.
There ought not TO be any politics in
an impeachment proceeding, but it seems
impossible TO keep them out. They were
the chief element in the attempted i'm
parchment of Justice Chase in 1904. Judge
Swayne was appointed in 1889 by President
Harrison, and is presumably a good law
yer. He was strongly indorsed for Su-
preme Court justice in 1897, after the death
OF Justice Field.
The vote of the House judiciary commit
tee on filing articles of impeachment stood
eight to five, four absent and not voting.
Of those who voted for impeachment there
were only two Republicans-Powers of
Massachusetts and Palmer of Pennsylva-
MIA. The six Democratic votes were cast
ton, Henry of Texas, Little and Brantley.
Those who voted against impeachment
were Jenkins of Wisconsin, Parker of New
Jersey, Alexander of New York, Littlefield
of Maine and Gillette of California, all Re
publicans. The four Observation-Disclosures of
and Pearre of Maryland-are all Repub-
lcans.
The majority report OF the committee
was prepared by Representative Palmer.
Republican. There is a minority report
which has not been given out yet. Although
six Democrats voted for impeachment and
only two Republicans, it does not follow
that the committee was affected by par
.isan considerations. though it seems to
point thas way. 1t is usual for each house
to follow the recommendation of its COM
mittees, but as there will be a minority
report III this case there will probably be a
debate in the House and the report of the
committee in favor of Impeachment may
not be adopted.