The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-14
Sitting as Court and Jury
the House Decides.
THE CASE PRESENTED
Palmer Exhibits 1t in All Phases. Clay.
ton. Powers, Henry Lamar Vigor-
ously Ask Impeachment. GiIIett
and LittIetfeId Oppose Every
Specification But One.
CRy the Associated Press. )

Washington. Dec. l3.-Sitting az
court and jury the House OF Rrepre-
sentatives to-day. With almost fun
membership and after more than five
hours discussion Go the exclusion of
AN other business. adopted a resolu-
tion providing for the Impeachment or
Judge Charles Swavue. Of the northern
district Of Florida, ror high crimes
and misdemeanors
The case against the respondent wla
clearly set out by Mr.. Palmer. OF
Pennsylvania. chairmaa of the sub
committee OF the judiciary Committee.
which heard the evidence i'm the case.
He carefully diSSected the evidence
bearing on each of the specifications.
and said that If il were found that
Judge Swayne had done we'll he should
be yiudicated. hul II he had done in
he should be sent tn trial where his
excuse and apologies may or may not
receive consideration.
He was followed by Messrs Clayton
of Alabama. Powers of AIasSac SachusetTs.
Henry OF Texas ana Lamar of Florida,
each OF whom in most vigorous terms
advocated impeachmen Messrs. Gill
lett. of California. and LittlcfieId OF
Maine. i'm speeches opposed their cot
leagues on all the SrecificatiouS except
the one as 10 the .lccouut rendered
To the Eovcrnme ht BY Judge SWaNnc
for travelling expenses.
Throughout The session intense in
terest was shown by members. Fol
lowing the adoption of the impeach-
menJ resolution. provision was made
for appointment of five members 20
notify the Senate OF the Impeachment
and FOR committee of seven To pre-
sent the case TO the Senate.
To-day'S proceedings werc the first
of their kind since the Impeachment
In 1876 Of General W. VI Belknap
who was secretary of W. in PreSi-
dent Grants cabinet.
The specifications AZ ,ad.~
After Mr. Hemenway Gnd1 from
the Committee on Appropriatians re-
ported the urgent deficiency bill ana
gave notice he would call il Gp to-
morrow. MIR. Palmer (Pa.) from the
judiciary Committee. called up the
Swayne resolutions. Speaker Cannon
compelled silence while it was read.
remarking that every member should
hear it, Mr. Palmer then read the
specifications against the Judge upon
which the committee had based it's ac-
ton.
In support of the charge Of anisbe-
hayior. Mr.. Palmer said the evidence
showed that out Of each year Judge
SWayne spent on au average OF 2t2
days somewhere else, neither i'm his
district holding court. nor outside OF
his district holding court. Judge
Swayne. he said. never voted i'm
Florida, never registered there and
never lived there in any proper sense
of the term
Mr. Palmer then turned his atten-
ton 10 a review of the evidence taken
before the committee the main fea-
lures of which already have been
published
AS Mr.. Palmer detailed the various
amounts paid by Judge Swayne for
board and necessary expenses he was
subjected TO a fire of questions by
several members. 4 question by Mr..
ADAMS CPa.) ii il was the custom of
the other judges to accept the maxi
mum OF $40 day for expenses,
reused Mr. Palmer who answered
with an emphatic No" adding that
IL II was the custom IL 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.. Lacey (Colo) Mr..
Palmer said the committee did not
look into the question Of whether or
not the rate Of $40 a day was a fixed
The charge against Judge Swayne
OF swearing that his expenses We're
SO a day when i'm fact these expenses
We're proven to be considerably less.
he said stands unexplained and uu-
defended by the Judge.
In order that IL might be considered
as a part of the record in the case
and taken into account in making up
the decision of the House. MIR. Clay
ton tDem. Ala.l quoted a decision II
the Court OF claims regarding what
may De regarded as proper expenses
of a Judge
After, concluding his resume of the
evidence. Mr. Palmer said thar If
Judge Swayne had done we'll he ought
10 be viudicated and sent out with
the commantation. Well done. good
aud faithful, servant.
If .Judee Swavne had done in he
ought To be sent 70 trial where his
excuses and apologies may or may
NOT ,arai,-., cons dsration. IT the
rTaust Was of opinion thar Judge
Syva,.pa's conduct had been commend
abie ..let him 60 scott free. and he
addaa amid impressive silence. 'In
mv Judgment il will be a sorry day
for the republic when such behavior
i commended bv The representatives
of the people.
Tho courts he declared. are the re-
f,e., of .hs weak defeuselss and OPP
rresea.9 ana unon their integrity and
purify deoends the preservation "i
life liberty and property
Tha f.cl thar there had been no