The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-14

/
SWayne resided or had home in
Delaware.
TO his mind Mr.. Gillett contended
it made no difference if Judge SWayne
was not in ensacola over twenty days
a year. because he might have been
his country The record, be de-
clared, showed that Judge Swaync
went TO Florida, Alabama and Texas
to hold court
There was no evidence" he main
tanned. that anybody suffered injury
by reason Of the fact that Judge
SVayne was not in Florida. The Ju-
dicial acts of Judge SWayne We're next
taken up by Mr.. Gilett. who justified
them on the ground that Judge
Svayne not only had the legal l1stt
to act rs he did in the several cases
complained Of but also had Jurisdic-
ton SO to do.
While ne admitted in reply to
uestfon by Mr. Palmer that travelling
over the country by Judge SWayne's i'll
2 private car of the Jacksonville,
Tampa and Key West railroad, then
in the hands of q receiver appointed
| bv Judge SWayne, was thing that
ought not perhaps, TO have been done
| if did not constitute an ottenSe OF that
| cnormity. involving that tulplluo@
| tina; shoul1 cause his impeachment.
NO naGn, nor INJURY, ne s1Ns7S-- NSNt' " -
done nor was ii shown that II Was III
! rem led for any cCrrupt purposes.
| The subject of the amounts charged
Inv Judge SWayne ana SOWn to nav
| in expended by him for reasonable
EXPENSES was said Mr.. Gillett a mat
| ter requiring consideration ana unless
explained away and excused by some
itiop. If the $40 a day he said. was
icoIccted by Judge SWayne with
wrongful intent. fully believing and
knowing he had no lawful rlgnt 10
| the same. its collection should not be
| excused. But he argued, II II was
! collected by Judge Swayne in the non
est belief that he was allowed q tiNeH
sIm of $40 p day regardless OF the
actual amount of his expenses ne
should be excused This. he said.
''is the only question worthy Of cor
! sideratiOn.'
Mr.. Mann Grs0 provoked laughter
By calling attention to the fact that
MIR Gillett had made report IN lhe
case one way and a speech the otn@r
and he tried to secure a categorical
answer as to whether or not he
Thought the resolution should pass
when the roll call comes" said Nj.
Gulett. the gentleman from Califof-
lnia will tell YOU
Then" retorted Mr.. Mann. Il shall
.
tleman.
IF You follow the gentleman lronl
California" quickly replied Alr. Gill
lett '+you NAV vote correctly.
This response was greeted with APP
Iplause from number sitting around
him.
Vigorously urging the adoption of
the resolution IF impeachment, MI
Henrv Crexas) declared that Mr.. eli
lett had made an argument in favor
of amasciating the charges against
Judge SWayne except the on count az
Improperly certifying to his iaF.s
expenses Judge Swayne he said,
should be ilnpeached for ''misbehavior,
corruption ana tyranny rs judge
"and he urged TIE House TO vote II.
favor of the resolution and send tn.
charges to the Senate.
/ Mr. Powers (MasS.) declared that
the real question was whether JUGS
Swayne ought to be impeached upon
one or more article& of the specifica-
tions. He reminded the House that II
had no Constitutional power to pass
on the guilt or innocence of the re-
ISpondent.
1--WE have no right" he said. TO
F! take from him the presumption OF ~
nocence which ne enjoys under the
| Constitution.
All the House had TO do he said was
able cause of guilt. II the path of
luty i'm this case, he argued. was beset
| with doubt he would gladly accord The
benefit Of that doubt to Judge SWayne,
| but" sad he ito my mind the path
Of duty is not beset with doubt. me
! question he contended, was one IN
ivnlyins the liberty of American citi-
GERS and he thought that the one act
alone of Judge SWayne's arbitrarily
fning ard impris1n.ng two members
OF the bar of his court was IN ltSeli
Il stencil in the nQStrilS OF The people
nisagrceing with Mr.. Powers that
the question was one OF probable
cause MI :Lulcheld (Maine) 50 d he
did not feel that The facts rs they We're
disclosed by the record had been stat
ed. Upon all the specifications except
l:ne one Of the expense account Mr..
| ittlef1eld deefnded Judge SVayne.
He would not he. said, vote for any
specification he felt the Senate Would
l1Ct sustain. tat
If you believed" intarjected Nj.
HENRY CTeNaS) Judge SWayne acted
Efrand,llent IN max ng these accounts.
don't YOU think these other ipeciii"aE
lions would throw liSht on his sirtent
mo" roplicd Nj Little6old 81 GeH' t
4 think this House in an Impeachment
proceed ny VIII endeftal1cs to present
to the Senate and stanG Before thn
people on the proposition That It is ne-
cessary 90 rely upon the atmosphere
cNeated hy unsustained charges TO sus-
tam q charge that is vague in its char
acter He was driven, however. ne
said. to tho conclusion that the evil
0encc disclosed in the case az the eX-
pense acco,,nt could hoj be lgurred.
Mr. Lamar CFla). who fled the
iorisinal charges against Judge Svayne
Iclosed the discussion by denouucing
the judge as tyrannical and corrupt
He congratulated the people Of Flor
! II and Of the Whole country that
thecr we've st least one specification
upon which all were unanimous and
that was that Judge Swavne 'haG
knocked The Federal government out
of money that ought TO be in the Fed
fera4 treasury s2
sir. Palmer moved the previous
ttp,cstion on the resolution with an
fnnendmeht providing for MdgG
i Swaynes impeachment OF .figh
| crimes ard mi&detnean, IS" 'rhc orig
iinal resolution specified only hugh