Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-13
CASE AGAINST SWAYNE
Matter Brought to Attention
of the House.
PURITY OF THE BENCH
REMARKS OF CHAIRMAN OF THE
INVESTIGATING COMMITTEE.
Believes That Action Should Be Taken
Senate Agrees to Take Re
cess From the 21st.
PURITY OF THE BENCH

When the House of Representatives met
today 1t had a serious duty to perform
that of passing on a resolution having for
its purpose the impeachment for high
misdemeanor'' of Federal Judge Charles
Swayne of the northern district of Flor
ida. At the last session a majority OF the
committee on the judiciary reported in
favor of impeachment, but under reso-
luton the committee was instructed to
take further testimony. and in report
submitted to the House on December OF
the present session it was declared that
the additional testimony strengthens the
case against the said Charles Swayne."
After Mr.. Hemenway Qnd.), from the
committee on appropriations. reported
the urgency deficiency bill and gave no.
tice he would call it up tomorrow Mr..
Palmer (Pa), from the judiciary COM
mittee, called up the Swayne resolution.
Speaker Cannon compelled silence while
IL was read, remarking that every men,
Der should hear 1t.
The Charges Read.
Mr.. Palmer then read the specifcat ions
against the judge, upon which the COM
mittee had based it's action.
That the members fully appreciated the
responsibility resting upon them was evil
denced by the close attention which they
paid to Mr.. Palmer's recital of the spe-
cifcations and evidence in the case. A
very full membership was present.
In support of the charge of misbehavior
Mr.. Palmer said the evidence showed that
out of each year Judge Swayne spent on
an average of 212 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
term.
MIR. Palmer then turned his attention to
review of the evidence taken before the
committee, the main features of which
already have been published.
Judge Swayne's Expense Account.
As Mr.. Palmer detailed the various
amounts paid by Judge Swayne for board
and necessary expenses he was subjected
to fire of questions by several members.
question by Mr.. Adams Pa.) if it was
the custom of the other judges to accept
the maximum of so day for expenses
aroused Mr.. Palmer, who answered with
an emphatic NO adding that If 1t was
the custom 1t would be no evidence in this
case. I'VE are he said, with emphasis,
trying the case of Judge Charles Swayne
and not all the other judges of the United
States
Replying to Mr.. Lacy Qowa), Mr.. Palmer
said the committee did not look into the
question VI NNeluGT OF not Inc rate or STU
a day was a fixed allowance, not thinking
IL relevant.
The charge against Judge Swayne of
swearing that his expenses were SO a
day when. in fact, these expenses were
proven to be considerably less he said
stands unexplained and undefended by the
Judge.
In order that it might be considered as a.
part of the record in the case and taken
into account in making up the decision of
the House, Mr. Clayton (Ala) quoted from
a decision of the Court of Claims regarding
what may be considered proper expenses
Of a judge.
After closing his resume of the evidence
Mr. Palmer said that If Judge Swayne had
zone well. he ought to be indicated and
sent out with the commentator, We'll
done, good and faithful servant"
III Judge Swayne had done i'll he ought 70
be sent to trial. where his excuses and
apologies may or may not receive consid-
trauoh' III the House was of opinion that
Judge Swaynes conduct had been COM
mendable "let him go scot free hut he
added. amid impressive silence ..tn NV
Judgment 1t Will be sorry day for the re-
public when such behavior is commended
by the representatives OF the people"
Purity of the Courts Demanded.
The courts, he declared. are the refuge ~
the weak, defenseless and oppressed. and
upon their integrity and purity depends the
preservation of life, liberty and property.
The fact that there had been no impeach-
ment OF a judge for more than seventy
years was sufficient evidence of the effl-
cheney integrity and honor of the courts
Mr. Palmer closed by saying: THAT they
may be kept pure and free from all re-
proach is my prayer and my hope and for
that reason / shall vote to impeach the
Honorable Charles Swayne"
Without distinction as to party Mr. Pal.
mer was loudly applauded as he took his
seat