Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-26
THE SWAYNE CHARGES
Report Of the House Judiciary
Committee.
ALLEGED INJUSTICE
ACCUSED OF ABUSE OF POWER
AND TYRANNICAL PRACTICES.
Claimed That He Has Forfeited the Re
spect Of the Bar of His Court and
the People Of His District.
ALLEGED INJUSTICE


House of Representatives late yesterday
afternoon the report Of the committee on
the judiciary on the Swayne impeachment
case. The recommendation of the commit
tee is as follows:
Resolved That Charles Swayne. judge of
the district court Of the United States in
and for the northern district Of Florida, be
impeached of high misdemeanor."
Charges Against Swayne.
After discussing specifically the charges
In detail against Judge Swayne, and giving
the findings In each case, the report closes
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 here.
He has SO conducted himself as to earn the
reputation of being susceptible to the ma
1gn influence of a man of VIGOROUSLY 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
emily violated the plain words of a statute
of the United States, and subjected himself
to punishment for the commission of high
misdemeanor. He has fined and imprisoned
members of his bar for constructive con-
tempt without the authority of law and
without a decent show of reason. either
through inexcusable ignorance, a malicious
intent to fnjure or a wanton disposition to
exercise arbitrary power. He has con-
demned to term of Imprisonment in the
county Jail reputable citizen Of the state
of Florida over whom he had no jurisdic-
ton, who was guilty of no thought of
contempt of his court for no offense against
him or in the presence of the court, or in
obstruction of any order. rule, command or
decree, and after the accused had purged
himself on oath.
For all those reasons Charles Swayne
haa nf ,sc1,a y,sx ;r 1T 81
flee of judge, and grossly violated the con-
ditions upon which he held this honorable
appointment. The honor of the judiciary
the orderly and decent administration of
public justice and the welfare of the peo-
pie of the United States demand his i'm
parchment and removal from the high
place which his conduct has degraded
1t is vitality necessary to maintain the
confidence OF the people in the judiciary. A
weak executive or an inefficient or even
dishonest legislative branch may exist for
time at least. without serious injury to
the perpetuity Of our free Institutions but
If the people lose faith in the judicial
branch, If they become convinced that JUS
tice cannot be had at the hands of the
judges, the next step will be to take the
administration of the law into their own
hands and dc justice according to the rule
of the mob. which is anarchy-with which
freedom cannot coexist.'
Discussing the Charges.
AS to the charge that Judge Swayne is a
nonresident of his district the report con-
cluoes:
From the testimony of the case your
committee find that Judge Swayne has
never acquired legal residence in the
northern district of Florida nor has he
actually resiued there as required by the
act of Congress- which is as follows:
"A district judge shall be appointed fer
each district, except in the cases herein
aIter provided Every such judge shall re-
side in the district for which he is appoint
ed. and for offending against this provision
shall be guilty of high misdemeanor'
The next charge considered in the report
Is that OF the disbarment. Imprisonment
and fine imposed by Judge Swayne against
f. L. Davis and Simeon Belden. This case
involved litigation regarding a certain tract
of land, a section of which, the report saws
was purchased by Judge Swayne in the
name or his wife while the proceedings
were pending before his court. The two
attorneys mentioned brought suit against
+ Judge Swayne in a county court for the
purpose of clearing title to the land
Whereupon Judge Swayne,' the report
|. says. proceeded to adjudge Belden and
Davis guilt of the charges which were in
violation of the dignity and good order of
the said court and contempt thereof and
after some abusive remarks sentenced them
70 be disbarred for the term of two years,
to pay fine of 800 each and to undergo
an imprisonment for the period of ten DAYS
in the county JAIL"
transaction in the following language:
Your committee is OF opinion that Judge
Swayne was guilty of gross abuse Of ju-
dicia1 power and nlisbehavior in office in
this case They believe that he had no au-
thority or right to adiudge Simon Belden
and E. F. Davis guilty of contempt of
court under the circumstances of the case;
that the sentence imposed by
Judge Swayne was unauthorized and
unlawful. 1t can be accounted for
only on the theory that the judge
imposing it was ignorant or vindct-
i've. For such high misdemeanor
III office, no judge should tie allowed to es-
cape just punishment en- the plea that he
made mistake of law. If allowed, there
is no arbitrary abuse Of discretion. no G.s-
obedience of law, no oppression or outrage
upon the rights of liberty or property that
could not go unwhipt OF Justice"
Tool of Alleged Conspiracy.
The case of w. H. Hoskins the report
terms one of peculiar hardship" Hoskins
was advanced in years and unable to read
and write. He had accumulated property
to the value of $4,000, and owed debts to
the extent of $4,000. THE evidence is full
and convincing. the report says, that
lawyer named Boone conspired with one
Calhoun to put Hoskirs in bankruptcy in
order to plumber his estate" The details of
this case are given at length in the report
Calhoun sent a man to seize Hoskins' books
at one of his branch stores, Hoskins being
a dealer in turpentine. He found a certain
Cook belonging to the firm of Hoskins &
Brother. which had been left for a book
keeper to make up. This book was taken
away by young son of Hoskins after he
had stated that 1t contained nothing about
lbs 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 contained nothing whatever
bearing on the bankruptcy case Young
Hoskfns went into hiding to escape arrest.
and stated that he would rather die than go
to jail. When the charge was not dismissed
he killed himself
The report concludes as to this case:
1.-THE whole disgracefu, perversion of
law and justice was made possible by the
complaisancy. stupidity. or worse of Judge
Swayne, who lent himself to conspiracy
to ruin an honest man by aiding to refuse
a hearing to Hoskins on the ground that a
book taken out OF the custody of a re-
ceiver's clerk by any other persons must
first be produced. 1t was a denial of JUS
tice. 1t was an arbitrary and oppressive
abuse of power. There was no sufficient
lnf<