Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-28
JUDGE sWAYNE'S CASE
MINORITY REPORT TO BE FILED
TOMORROW.
It's Author, Representative dillett, Pre-
diets That Majority Of Committee
Will Sign It

Representative Gillett of California, from
the committee on the judiciary, will file In
the House tomorrow the minority report
| on the proceedings for the Impeachment OF
Judge Swayne OF the federal court OF
Florida. Mr.. Gillett was the dissenting
member of the subcommittee of three
which Investigated the charges. The ma
jority of that subcommittee, Messrs. Pal
mer of Pennsylvania and Clayton Of Ala
bama, recommended that impeachment
proceedings be instituted. At the meeting
of the full committee the vote in favor Of
impeachment was to 5. Several members
of the committee declined to vote until
they had reviewed the evidence in the case.
Mr.. Gillett's Prediction.
Representative Gillett stated this after
neon that while his report was technically
the minority report of the committee. he
believed that eight other members would
finally sign it, and that therefore 1t would
become the majority report, the vote thus
standing against impeachment and 8
in favor of it. If this prediction is fulfilled
1T will give a new phase to the matter
which the leaders of both the House and
the Senate will have to deal with Mr..
Gillett believes that the members who will
sign his report are Messrs. Jenkins Alex
ander Parker, Littlefield, Nevin, Thomas,
Warner and Pearre.
There were various conflicting rumors at
the Capitol this afternoon with regard to
the action of the members of the judiciary
committee who did not vote when the case
first came up. There are some who are
inclined 10 disagree with Mr.. Gillett in re-
gard to the number of members who will
sign his report. All the members who are
expected to sign have not been interviewed
personally yet and the matter will re-
main one of conjecture until the report is
formally presented to the House.
A Voluminous Report.
Representative Gilletts report will be a
voluminous affair, covering about eighty
five typewriter pages. 1t goes into all the
details of the various charges brought
against Judge Swayne, and declares that no
one of them has the slightest basis in fact.
Mr.. Gillett says that Judge Swayne has
made an excellent record on the bench, and
that there is absolutely nothing in the
charge that he was proffigate in the ex-
penditure of funds in bankruptcy cases. AS
matter of fact. the report will say, the
average of expenses in bankruptcy proceed
ings in Judge Swayne's court has been
lower than in a majority of other federal
courts in the United States.
Continuing. the report will say that The
charges against Judge Swayne are brought
about by personal anirnosity arising from
the commitment of a Mr.. O'Neil to Jail Oh
the charge of contempt of court The re-
port sets forth that Mr.. O'Neil was the
president of a bank and was arrested in
certain bankruptcy proceedings A trustee
was appointed to proceed against ONeil
when the latter called the trustee out of
cnurt and attempted to assault him. There
upon Judge Swayne sent O'Neil to Jail. 1t
is claimed the case was taken to higher
courts and that Judge Swayne was sus-
tanned in his action.
This incident it is said, was the origin of
the attempt to displace Judge Swayne on
the bench.
With regard to the charge of corruption,
the report will declare that there is no
evidence whatsoever to sustain it. Even the
attorneys interested in the case against
Judge Swayne could not substantiate any
part of what they charged.
In closing the report will declare that
there is absolutely no ground for an i'm
parchment proceeding.