The San Francisco call., 1904-12-14
JUDGE SW AYNE
IS IMPEACHED
House After Sharp Debate
Calls Him to Account for
Misbehavior in Office
SITS AS A GRAND JURY
Gillett of California an
Active Participant in
the Unusual Proceedings


WASHINGTON, Dec 13.-Sitting as
Grand Jury. the House of Repre-
sentatives to-day, with almost a full
membership, adopted a resolution pro-
Vldlng Tor the Impeachment Of Judge
Swayne of the Northern District Of
Florida for high crimes and misde-
meanors." Throughout the session in
tense interest was shown by the mem
bers. Following the adoption of the
impeachment resolution, provision was
made for the appointment of five mem
bers to notify the Senate of the i'm
peachment and for a committee of
seven to present the case to the Senate.
To-day's proceedings were the first
of their kind since the impeachment in
1876 of General Belknap, who was Sec
retary OF War in General Grants Cab
met.
In support of the charge of misbehav-
1or, Palmer of Pennsylvania said the
evidence showed that out of each year
Judge SWayne spent on an average 212
days somewhere else, without holding
court. Judge Swayne, he said, never
voted in Florida, never registered there
and never lived there in any proper
sense of the term.
AS Palmer detailed the various
amounts paid to Judge Swayne as nee
essary expenses he was subjected to
fire of questions by several members.
A question by Adams of Pennsylvania,
If 1t was the custom of other Judges
to accept the maximum of $40 day
for expenses, reused Palmer, who an
swered with an emphatic mol" adding
that if 1t was the custom II would be
no evidence in this case.
I'VE are" he said with emphasis,
trying the case of Judge Swayne and
not all of the Judges of the United
States"
Replying to Lacey of Iowa, Palmer
said the committee did not look into
the question of whether or not the
rate of $40 a day was a fixed allow
ance, not thinking ii relevant The
charge against Judge Swayne OF
swearing that his expenses were $40
q day, when in fact these expenses
were proved considerably less, he said,
STANDS unexplained and undefended by
the Judge.
After concluding his resume of the
evidence, Palmer said that If Judge
Swayne had done well he ought to be
vinGicated and sent out with the
commendation We'll done, thou good
and faithful servant" If Judge
Swayne had done i'll, he ought to be
sent to trial. where his excuse and
apologies may or may not receive con-
sideration.'
If the House was of the opinion that
Judge Swayne's conduct had been
commendabie, "let him go scot free"
He added, amid impressive silence, In
my judgment il will be sorry day
for the republic when such behavior
is commended by the representatives
of the people"
Clayton of Alabama was particu
larly severe in his arraignment of what
he characterized as Judge Swayne's
excuses and testimony regarding his
failure to acquire a residence in Pen
sacola.
"Ah,'' he said, striking his desk,
when he studies the case and the
report he sees that he did not swear
far enough and now he tip-toes on
this question of residence
Judge Swaynes amended testimony,
he declared amounted to nothing.
When the Judge took steps to acquire
q residence in his district. ''he had
wind of these impeachment proceed
iags.'
rhe question of Judge Swayne's
residence was also discussed by Gill
lett of California, who insisted that
Judge Swayne had distinctly shown
an intent to make Pensacola his
home. All the effort and industry of
the parties making the charges against
Judge Swayne, he said, had not pro-
duced a single witness who said
Judge Swayne resided or had a home
in Delaware. 1t made no difference,
he contended, if Judge Swayne was not
in Pensacola over twenty days year,
because he might have been some
where else doing business for his
country" The record showed that
Judge Swayne went to Florida, Ala
bama and Texas to hold court.
There was no evidence" he main
tanned, that anybody suffered injury
by reason of the fact that Judge
Swayne was not in Florida.
The judicial acts of Judge Swayne
were next taken UP by Gillett, who
justified them on the ground that
Judge Swayne not only had the legal
right to act as ne did in the several
cases complained of, but also had ju-
risdiction so to do.
While he admitted, in reply to
question by Palmer, that travelling
over the country by Judge Swayne in
a private car of the jacksonville,
Tampa and Key West Railroad
(then in the hands of a receiver ap-
pointed by Judge Swayne) was thing
done, he contended that it did not in
volve that turpitude that should
cause his impeachment.
The subject of the amounts charged
by Judge Swayne and sworn to as
having been expended by him for
reasonable expenses. said Gillett, was
a serious accusation. If the $40 day
was collected by Judge Swayne with
wrongful intent, its collection should
not be excused.
Mann of Illinois provoked laughter
by calling attention to the fact that
Gillett had made a report in the case
one way and had made speech the
other, and he tried to secure cate
gorical answer as to whether or not he
thought the resolution should pass.
When the roll call comes" said GIL
lett. 1.-The gentleman from California
will tell you
Then retorted Mann, II shall be