The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-13
SWAYNE SHOULD
Be |MPEACHED
The Committee is Prac-
ticaIIy Unanimous.
lTDIFFERS ON GROUND
The Making of False Certificates for
Reasonable Expenses is the Point
Republican Members Make
in the Case. The Day in
cnnnreSS.
Congress.
lBy the Associated Press.l }


Washington. Dec. 12.-Eight Repub-
lican members of the House judiciary
Committee representatives Parker On.
-. Jenkins (Wis.). Pearee (Md). and
Warner (IiIls.), to-day submitted 20
the House their view in the case OF
Judge Charles Swayne of the north
ern district of Florida. While dis
agreeing in some particulars with the
views submitted for the full commit
tee last week by Representative Palm
er (Pa,) that the question of charging
$40 4 day for expenses has been
brought out for the first time in the
additional testimony taken since last
session and laid before the committed
With respect to the record on that
~oint they are of the opinion that an
impeachable offense has been made
out" This makes the committe prac-
tically unanimous for impeachment al
though differing on the ground.
The views submitted by Messrs. Par
ker, Jenkins. Alexander, Littlefield,
Thomas, Gilett Pearre and Warner
were as follows:
we do not think that the additional
testimony strengthens the case against
Judge Swayne except in the particulars
hereinafter refel -. 80. 49,. ,.., co@-
rrary We think ii materially Weakels
IL: in the particulars relied upon ia
the former report. As 10 those par
rculars in our opinion, the ex-evi-
dence wholly fails 10 justify impeach-
Dent proceedings
we not only do not approve. br t
we distinctly anu emnhatically disar
prove. however. of the matte" of the !
use of the private car in charge of tht
receiver. Durkee. in 1899. We think
the judges action in the use of the
property and employees of the receiver,
il a object
adverse criticism and censure. but
since there is nothing i'm the record
that tends to show that the Judge was
Influenced in any of his judicial acts
either directly or indirectly, or Was at
tempted TO be Influenced thereby. we
do not think the facts present case
OF such gravity as 10 justify impeach-
ment on that ground.
."rhe making of false certificates for
reasonable expenses for traNei and at
tendance. is now presented tof the
first time The testimony establSheg
1he fact that in several instances. the
last. in 1909 his disbursements for eX-
penses were considerably less than
the amounts he certified which wea"
uniformly SO a day. we thlnk TIC
law does not authorize district Judge
under such circumstances TO certify
more than his actual disbursements
even. unless they are reasonable
Unexplained. there does not appear to
ne any justification for making these
certificates and receiving the money
appearing to be due thereon Evl-
dence as To the alleged practice OF
otbar iudsas i'm this respect was Of
fered. and excluded, and we think
nroparlv. 1t would have been com
netent for him when a witness IN MS
own hehalf 10 have stated why ne
made those certificates. As witness,
he answered and explained every other
il. IN a1s.grs ~
fort as q witness 10 answer or eA-
nlain The inference from the record,
in general principles is that the
: charge is admitted to be true ana
that he has no explanation or answer
thereto. whether satisfactory eX-
nlanatiou can be made we do not say.
we must take the record as it stands.
Tpon this record unanswered and un-
explained we are of the opinion that
i'm this particular an impeachabie or
fense has been made out
Washington, Dee. 12.--The Hodss
transacted quite large amount OF
miscellaneous business today. starting
,,ith nens;on bills and considering the
IilI financial bill later in the day y
nun,hi.r Of bills of local character We're
rassed an adjournment was forced Tor
lack Of a quorum when an attempt
was made to pass the JOINT resoiut- on
.s,.antfoe the use of the Washington
monument for the American h"iiN"y
Ambulance exhibition
The bill transferring the forest re-
serves from the Department OF the IN
/. rior ia the Agricultural department,
which has been pending in congress
for several years. was passed
During the discussion OF the ilttn-
oial bin Mr.. Hill said we must get pack
to the gold standard which ne learned
from very high authofitatles nae oesti
''1rreyOcabtV esta DllS1eu.
MIR. Williams said there was an m
fluence atwork TO display government
provided money with bank-pfoViueu
money, and thereby enable the bahhs
TO make the profit on it.
1T is noN on dock" he said. that
nine-teilths of the bankers are Repub-
licans adding that some were depos-
itories and others were hopi1g 10 be.
During heated colloquy with Mr. Hil'
Mr.. Williams said the bill under con-
sideration would double the posi- bility
of preparation of .sthe inidlitous
wrong lie predicted that il simply
would lead 10 socialism,
The speaker at this time announced
a number of committee assignments
including MI. Hetiin. (Ala). to mines
and mining. Mr.. Craft, Is. CD /,
manufactures. and TO expenditures in
the navy department.
The House adjourned until tomor,
row.
Washington, Dec. l2.--The serat.