The Birmingham age-herald., 1904-12-14

of the house. MT. Clayton of Alabama quoted that from a decision from the court of claims regarding what may be regarded as proper expenses of judge.
 After concluding his resume of the evil dence, MT Palmer said that if Judge Swayne had done well, he ought to be vindicated and sent out with the com mendation Well done, good and faith full servant
 If Judge swayne had done i'll. he ought to be sent to trial where his ex- cuses and apologies. may or may not re- ceive consideration"
 If the house was of the opinion that Judge Swayne's conduct had been com mendable, let him go scot free,' but he added amid impressive silence, Tn my judgment, it will be sorry day for the republicans when such behavior is com mended by the representatives of the people,
 The fact that there has been no im- peachment of a judge for more than sev- enty years was sufficient evidence of the efficiency, integrity and honor of the courts. MT. Palmer closed by saying,
 that they may be kept pure and free from all reproof is my prayer and hope and for that reason l shall vote to im- peach the Hond Charles swayne." Without distinction as to party, Mir N~Nf@ his seat.
 Clayton Discusses the Case. MT Clayton, of Alabama, member of -he judiciary committee, followed, devct- ing much time to discussion of what constituted high crimes and misdemean- ors. This man is unworthy of his high office, he said, taking up the merits of the case, The was sure that the house if it was satisfied from the testimony that Judge Swayne was an unjust and un- worthy man, would not hesitate to see that the formal charges are made against him and he be arraigned at the bar of the senate and be tried there.
 MT. Clayton was particularly severe in his arraignment of what he characterized as Judge Swayne's excuses and exculpa- tory testimony regarding his failure to acquire a residence In Pensacola An he said, striking his desk, when he studies the case and the report he l says that he did not swear far enough and now he tip-toes on this question of residence"
 i Judge Swaynes amended testimony l he declared amounted to nothing. When the judge took steps to acquire a resi- l dence in his dictrict "he had wind of these impeachment proceedings" Con- tinuing MT. Clayton said that the i'm | violating the statute as to residence had been committed and could not be cured by the judges subsequent acts. Question of Residence Discussed.
 The question of Judge Swaynes resi- dence was also discussed by MT. Gillett of California, who insisted that Judge 1 Swayne had distinctly shown an intent to make Pensacola his home. All the l effort and industry of the parties making i the charge against Judge Swayne, he | said, had not produced single witness | who said Judge Swayne resided or had a I home in Delaware. It made no differ ence, he contended, if Judge Swayne was not in Pensacola over twenty days a year. because he might have been some where else doing business for his coun- l try"
 The record showed that Judge Swayne went to Florida, Alabama and Texas to l hold court.
 There was no evidence he maintained that anybody suffered injury by reason
 of the fact that Judge Swayne was not l in Florida" The judicial acts of Judge 1 Swayne were next taken up MT. Gilett , Judge Swayne not only had the right t, to act as he did. but also had jurisdic- 1 tion to do so. While he admitted in a | reply to a question by Mir. Palmer that | the travelling over the country by Judge | Swayne in a private car of the Jackson | ville Tampa and Key West railroad, then
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