Evening star., 1904-03-25
Ex-Senator's Statement Re-
garding Judge Swayne.
PRONOUNCED EX PARTE
EXPRESSIONS FROM HOUSE JUDI
CIARY COMMITTEE.
Claimed That the Case Has Not Yet
ing for Party Advantage.

Members of the House judiciary commit
tee. which is handling the Swayne impeach-
ment case, were highly indignant today
over the publication in morning newspapers
Of a statement signed by ex-senator Chan
dler of New Hampshire and ex-senator
Higgins of Delaware, In behalf of Judge
Swayne. Members of the committee in dis
cussng the publication this afternoon, said
| 1t was altogether reprehensble, coming at
this time, and was bad, in their opin-
ion, as "horse-shedding" juror on the eve
of trial. They contended that the com
mittee has not yet presented the charges
to the House, and that the publication OF
this statement amounts virtually to an ex
parte argument for the defense before the
case comes to trial
Among democrats and republican repre-
sentatives the statement of ex-Senators
Chandler and Higgins is construed to mean
that an effort will be made to draw party
lines in the impea chment case, and there
are indications that partisan feeling may
be aroused.
The Objectionable Statement.
The statement to which exception is
taken by members of the. committee is as
follows:
THE undersigned ask the considerate at
tention of all persons interested therein to
the attempt to impeach Charles Swayne,
United States district judge of the north
ern district of Florida. We participated in
securing his confirmation on April l, 1890.
by partisan vote Of 33 to a. after very
bitter attacks had been made upon him
through many days of discussion. Some of
his most extreme oponents continued their
animosity, and on July 23 1894, when there
was a democratic President, Senate and
House, procured the passage of an act cut
ting down the limits OF Judge swayne's dis
i'm OnlU
embracing Pensacola and Talla hassee,
where there was little United States busi-
ness. Since that time the judge has per-
formed promptly all the duties required
within his district and has been assigned
by the circuit court of appeals to judicial
duty of the highest importance outside his
own district on other parts of the circuit.
his character when appointed was good,
his judicial conduct since has been subject
to no just cause of reproach and there is
not, we say after careful inquiry, any rea-
son Tor attacking or impeaching him.
The Judiciary committee of the House
mas, however, at meeting not fully at
tended and against strong minority of its
members in attendance voted to ask the
House to prefer to the Senate articles of
impeachment. The question thus raised will
De decided by the House according to its
merits. as they will appear from the ma
1Or1ty and minority reports and full debate
we are sure from our own investigation
tnat Judge SWayne will appear to the House
to be completely justified as to any and
every transaction which may be called in
question by the ma jority report and that
he will indeed appear deserving of high
praise for his just and courageous action in
connection with the subjects which have
been most criticised.
IF this is an attempt to frigbten hin,
INTO resign1ng his judgeship or to prevent
him from the fearless discharge Of his du
ties hereafter, it will fail equally with the
| assaults that have been made upon him. be-
ginning in 1889 and continuing down TO the
present extraordinary effort to defame and
lnJure an upright and just Judge"
Report Not Yet Submitted.
IL was expected that the report of the
committee in the Swayne case would be
submitted to the House today, but it was
not completed in time. The main charges
against Judge Swayne will be set forth as
follows:
Non-residence in the northern district NJ
state of Florida
For unlawfully imposing fine and i'm
prisonment of one E. T. Davis and S. Boil
den, In 1901.
For unlawfuly committing to prison in
1902 one O'Neal, for alleged contempt of
court.
For conduct unbecoming Judge. in ap-
pointing one Tunison, in 1900 knowing him
to be man of bad character.
For refusing fair hearing and trial to
one Hoskins, in 1902.
Hope of the Democrats.
Democrats are watching developments in
the Swayne case with th deepest interest,
and are earnestly hoping that the republi-
cans will postpone the trial or make a
party question of the case in the House.
The democratic leaders think If the repub-
licans do this 1t will be good politics for
the democrats.
The democratic viewpoint is that the re-
port of the committee on the impeachment
was non-partisan in character. being
signed by both democrats and republicans,
and that in any event the impeachment of
a federal Judge should not be made par
tisan matter. They hailed with delight the
statement of ex-senator Chandler and ex-
Senator Higgins, bringing out the partisan
features of Judge Swayne's appointment
and confirmation, and think that they see
in it effort to arouse party sentiment in
the House.
The democrats say that if the republicans
by a party vote refuse to indorse the ac-
ton of the committee the democrats will!
another indictment against the party in
power. The democrats expect to make a
play out of the refusal of Congress to in
vestigate the Post Office Department, and
If they could get the refusal of the House
to bring in impeachment proceedings they
would be delighted.
Thus far no party feeling has developed
among the republicans on the Swayne case.
The republicans don't care very much out
it one way or the other, according to ex-
pressons which are given up to this time.
1t cannot be told yet how much effect the
statement of ex-Senators Chandler and
Higgins may have in arous,ng party feel
ing The bulk of the republicans in the
House and Senate are very much opposed
to delaying the adjournment In order to
try the. case, and it may be that they will
gladly seize any excuse to hold the case
over, even though it should be partisan
excuse.
E,%v;o &c for Ton,orrn,u,c Roces