The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-12-27
MADE A MIDDLE.
Of SVAYNE CASE
House Biunder in Con-
struction of Cushing.
DIDN'T FOLLOW PRECEDENT
Failure of c,nnittee to Agree on Ar
ticles q Impeachment May
Make Trouble.

Did the House make DIunder in its
construction Of precedents and parlia-
nlentary law?
Representatives and Senators who are
sEending the Christmas recess in Wash
lnston have devoted some of their spare
tlfne TO eritieising the procedure fol-
lowed by the. House in appyfs.ng the
Senate that Judge Swayne. Of Florida.
would nave to go before the bar - the
Senate for impeachment
ms criticism is C the eject tllat tfe
HouSe should not haze notified the
senate of the malta until the special
committee appointed Dys the House II
QfaW up the articles &c isrl1eas .rlie,.:r fc
De submitted to the Senate had .a:,.la
lts report TO the Holis Suel. a view u
prompted by the report thai the House
special committee IS unable 10 s,:-rf.o
on the articles of fnp sac flrI7eilt. ard
that each one has ssiSaifi Il mis- inIclI-
ton of explaining III de-:t1 t15.he House
his views of the case
should this flappens>it would be very
probable that the House would be I'M
able To agree on the disputed articles.
! OF the case IN stsltu quo, dropping the
proceedings and allowing nothing more
10 be done in the case.
In other words the Senate would have
been informed that the House thought
the Judge ought to go before the higher
court for impe2 eftnSSnt while as a mat
ter of fact, the House the accusing
body, would be utterly unable 70 de-
eide on what charges the Impeachment
should be sought. The situation would
be similar 10 a grand jury sending uD 2
prisoner for trial without being able TO
indict him specifically.
Senators are now reading I'D on me
authorities for the House informing tbs
Senate of the attempt for irnpeac hissent
before the lower body had settled on
the charges OF Impeachment. Should
they find the presidents overwhelming
~ against tie action Ge the House a.
is predicted by many Senators ard not
few members of the House. the Sena-
toriai tU-itting Of members VIII Be re-
treShing and long sustained.
As a matter CT fact. the report that the
special House committee cannot agree
on the articles Of impeachment comes as
a great surprise TO both the House and
Senate Everybody is wondering what
VIII be done next and the general Opin-
ion is that, II the House. as q waoIe
fails TO agree ca the articles. IS he com
mittee has done. the case VIII be drsp-
ped in its present status Such an out
come of the case woaSG be disastrous n
many ways, and the leaders in both the
House and the Senate have pegun 70
hunt for a way out Of the dilemma
Should the House committee. contrary
10 expectations, report GnatliEaC usly- ca
the articles OF iTnpea chment Immediate
IL after the recess ard these articles be
Immediately adopted by the House and
sent forward 10 the Seliat u, tl2 prob
ability IS that the case VIII rot be I'm
ally disposed OF 9E1Ga next session %
Congress. Under any circumstances the
Senate BiiI hardly be able u give the
case TsloTes . hiln two wees t1ls SESSION.
and this world not De sufficient time to
80 over all the case
It has been estimated By those at The
CAPITOL that the SvayHe case at its con
elusion. viii have cost the Government
more than an extra session of Congress
This estimate includes the cost Of TAX
ing al the evidence IN the case