The Birmingham age-herald., 1904-12-14
FIorida Judge is Charged With High Crimes and Mis- .<5' demGanOrS ~
 os$
COMMITTEE WILL , ABSENT
 TIE CASE 10 THE SENATE
Yesterdays Proceedings Were First of Their Kind Since Impeachment of Gen. w. W. 5elknap
 In 1876.

Washington. December 13-sitting as a jury, the house of representatives today with almost full membership, after de- voting more than five hours to discussion, adopted a resolution providing for the impeachment of Judge Charles swayne of the northern district of Florida for high crimes and misdemeanors."
 The case against the respondent was clearly set out by MT. Palmer of Penn sylvania. chairman of the sub commit te of the judiciary committee which heard dissected the evidence bearing on each of the specifications. and said that # it were found that Judge Swayne had done well, he should be vindicated. but if he had done i'll, he should be sent to trial where his excuses and apologies may or may not receive consideration. He was followed by Messrs. Clayton, of Alabama, Powers of Massachusetts, Henry of Tex as and Lamar of Florida each of whom in most vigorous terms advocated the im- peachment.
 Messrs. Gillet of California and Little- field of Maine, in speeches agreed with their colleagues on all the specifications except the one as to the amount rem dered to the government by Judge swayne for travel expenses.
 Throughout the session intense interest was shown by the members. Following the adoption of the impeachment reso- lution provision was made for appoint ment of five members to notify the sen ate of the impeachment, and for a com mittee of seven to present the case to the senate
 Today's proceedings were the first of their kind since the impeachment of Gen. w. w. Beknap, who was secretary of war in President Grants cabinet.
 At the last session a majority of the committee on the judiciary reported in fa- vor of impeachment, but under a resolu- ton the committee was instructed to take further testimony and in a report submitted to the house on December g Of the present session it was decided that the additional testimony strengthened the case against the said Charles Swayne.
 After MT. Hemenway, Indiana. from the committee on appropriations reported the urgency deficiency bill and gave mo- tice he would call it tomorrow. MT Pal mer Pennsylvania, from the judiciary committee, called up the Swayne reso- lution. Speaker Cannon compelled silence while 1t was read. remarking that every member should hear it. MT. Palmer then read the specifications against the judge upon which the committee had based it's action.
 Close Attention Is Given.
 That the members fully appreciated the responsibility resting upon them was evil denced by the close attention which they paid to MT. Palmers recital of the spec ifications and evidence in the case A very full membership was present In support of the charges of misbe- havior. MT. Palmer said the evidence showed that out of each year Judge Swayne spent on an average of PIP days somewhere else, neither in his district holding court nor outside of his district holding court. Judge Swayne he said, never voted in Florida, never registered there and never lived there in any proper sense of the term.
 MT. Palmer then turned his attention to the review of the evidence taken before the committee, the main features of which have already been published.
 As MT. Palmer detailed the various amounts paid to Judge Swayne as his ex- penses he was subjected to fire of ques- ton by several members. A question by MT. Adams of Pennsylvania if 1t was the
 
 maximum of $10 per day for expenses reused MT. Palmer, who answered with an emphatic No" adding that if 1t was the custom it would be no evidence in this case.
 We are." with emphasis. trying the case of Judge Charles Swayne and not all the other judges of the United | States"
 Replying to MT. Lacey of Iowa, Mir Palmer said the committed did not look into the question of whether or not the rate of $10 a day was a fixed allowance, rot thinking it relevant.
 1 The charge against Judge Swayne of swearing that his expenses were S0 a day. when in fact these expenses were proved to be considerably less, he said stands unexplained and undefended by the judge.
 Mir. Clayton Quotes Decision.
 In order that it might be considered as | a part of the record in the case and taken