The Montgomery advertiser., 1904-03-26
SEVERE IS CRITICISM Fearful Arraignmcnt Of
 SWayne. PALMER FILES REPORT ReciteS Stories of JuriSt'S Con- tempt For Justice, Tn Many Instances Actions Have Been in Conflict With the Laws of the Land and of
 Decency.

Charles Swayne. Judge of the District Court of the United States for. the North ern District of Florida, be impeached of high nfisdemeanor.'
 This Is the recommendation of the House Committee on the Judiciary to the House on the report of the committee filed today by Representative Palmer of Pennsylvania. chairman of the sub-com- mlttee which investigated the case against Judge Swayne, After discussing the charges in detail against Judge Swayne and giving the findings in each case. the report concludes as follows:
 Upon the whole case, 1t Is plain that Judge Swayne has forfeited the respect and confidence of the bar of his court. and of the people of his district who do business there. He has so conducted him. self as to earn the reputation of being susceptible to the malign influence of a man of notoriously 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 persist ently violated the plain words of a stat ute of the United States and subjected himself to punishment for the commis- sion of high misdemeanor.
 He has fined and imprisoned members of his bar for constructive contempt without the authority of law and without a decent show of reason, either through inexcusable ignorance. a malicious intent to injure, or wanton disposition to ex- ercise arbitrary power.
 Swayne's High Handed Acts.
 "He has condemned to a term of im- prisonment in the county jail a reputable citizen of the State of Florida over whom he had no Jurisdiction. who was guilty saH no .fa A s.r Ata trf for no offense against him or in the pres ence of the court, or in obstruction of any order, rule, command or decree, and after the accused had prrged himself on oath.
 For aM those reasons, Charles. swayne has been guilty of misbehavior in hls office of Judge, and grossly violated the condition upon which he held this honor able appointment. The honor of the ju- dIciary, the orderly and decent adminis- tration of public justice and welfare Of the people of the United States demand his impeachment and removal from the high place which his conduct has de- graded
 As to the charge that Judge Swayne is nonresident of his district. the report concludes: From the testimony in the case, your committee find that Judge Swayne has never acquired legal resi- dence in the Northern District of Flor ida. 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 Swayhe against F. T. Davis and Simeon Belden. This case involved litigation regarding a certain tract of land, section of which, the report says. was purchased by Judge Swayne in the name of his wife while tho proceedings were pending before his court.
 Cases of Belden and Davis. The two attorneys mentioned brought suit agaInst Judge Swayne in county court for the purpose of clearing title to the land, "whereupon Judge Swayne," the report says, proceeded to adtudge JBelden and Davis guilty of the charges which were in violation of the dignity and good order of the said court and a contempt thereof and after some abusive remarks sentenced them to be disbarred for the term of two years. to pay fine of NCO each, and to undergo an Imprisonment for the period of ten days in the county jail The committee passes Judgment on this transaction in the following language: Your committee are of opinion that Judge Swayne was guilty of gross abuse of judicial power and misbehavior in .of- flee tn this case. They believe that he had no authority or right to ad1udge Simeon Belden and P. T. Davis guilty of contempt of court under the circum- stances of the case. That the sentence imposed by Judge Swayne was unauthorized and unlawful. It can be accounted for only on the theory that the judge imposing 1t was ignorant or vindictive.'
 The case of W. H. Hoskins. the report terms one of peculiar hardships." 1 Hosl6ins had accumulated property to the value of $40,000 and owed debts to the extent of $1O,OOO "The evidence Is full and convincing" the report says. that lawyer named Boone conspired with one Calhoun to put Hoskins in bankrupt cy in order to plunder his estate.'
 Cause of Boy's Suicide. | Calhoun sent a man to seize Hoskins'e books at one of his branch stores. Hos 1 kins being dealer in turpentine. He found certain book which was taken away by a young son of Hoskins after he had stated that it contained nothing about his fathers 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 con tained nothing whatever bearing on the | bankruptcy case. foung HosklnS went into hiding to escape arrest and stated that he would rather die than to go to taiI. When the charge was not dismissed, | he killed himself.
 The report concludes as to this case ''The whole disgraceful perversion of law and justice was made possible by the complaisancy, stupidity, or worse. of Judge Swayne, who lent himself to a conspiracy to ruin an honest man by aid- ing to refuse a hearing to HOskins on the ground that a book taken out of the custody of a receivers clerk by any other person must first be produced.
 "The judge refused to believe anything. saving that he would not believe his own brother If he would swear to 1t. This action of the judge presents at least an lentirely new feature of the administra- tion of justice. A suitor Is denied the right to offer evidence in support of his case because the judge has made up his