The Washington times., 1904-11-22
Counsel Intl-
mates Judges Gene
rally Violate Law.
LIE ABOUT EXPENSES
Only One Witness Heard in
MaIfeas2nce Case Against
FloriOa JuriSt.

The investigation of charges of mall
feasance I'm office against Judge Charles
Swayne, of the northern district Of Flor
ida was continued this morning before
the subcommittee of the House Judiciary
Committee
IL was marked by an effort on the
part of Judge Swaynes counsel to show
Federal judges all over the country were
guilty of one of the counts in the in
dictmeut alleged against him.
Sworn Expenses.
This referred 10 the practice Of the
judge 10 charge actual expenses at
the rate OF $40 a day for each day he
held court outside his district. This
amount is fixed by law as the maximum
which may be charged; "A judge is sup
posed and required. indeed, 10 charge
only what ne eND6nds
The members of the subcommittee
present were Representatives Palmer of
PENNSYLVANIA and Clayton OF Alabama.
Representative Gillett will not be IN
Washington, probably, before Congress
cCnyeueS.
The prosecution was represented by
Benjamin s. IAddou, and Swayne by
former Senator Higgins OF delaware
Protest Against Press.
Counsel for Judge swayne naugurated
proceedings with "a protest against re-
ports OF the evidence at yesterday S
hearing that had appeared IN certain
uewspapers Representative Clayton
threw water upon THIS indignation 10y
declaring that Judge SWayne was not
being tried by lhe newspapers. and that
ihe committee held no jurisdiction over
their performance
There was bat ene witness examined
a. thC morning hearing
So % Bradley chief of the division
OF judicial accounts Ia the once OF the
auditor f6r The state and other depart
Weuts testified 10 the correctness OF a
=Iateucut uf Judge SWayne's accounts
with the Government showing pay
ututs made no him for expenses In
+ holding court in Alabama. Louisiana,
and TrNas The statement was offered
f en- evidence by the prosecution
Usual Practice.
/ II appeared from the statement that
Judge swayne had charged expenses AT
th- rate of $40 per day.
] Former Senator Higgins OF Delaware.
counsel for Judge Swayue. wanted TO
/ know whether this was not the Unive--
sal practice OF other judges under like
/ rircumsJaur-s. Representative Palmer.
--le-L- - Llit- Nlt'''ii++i4tf
go permit tine question IN tie ground Of
/ as iUCleEgugy.
I Judge Swuyur is the only judge who
IS beiHl tried. said Representative Pal
mer. "IJ would not affect Tho merits of
this case if aIi the other judges iu the
country were violating the law"
The law provides that a judge holding
{ court outside his district shall be en-
/ ttlru 10 actual expenses. not exceed
ils $40 day FOR each Of such DAY
meLts the laW requires the Judge 10 fgr-
nlSh sworn statement Of expenditure
Certificates on File.
I'm response 10 query from Repre-
sentative Clayton. Mr.. Higgins admitted
,hat There were 0a file in the Treasury
Department certificates OF Judge
swayue showing he had expended 81,
1n each day that sum was charged and
had been paid.
The adjournment was taken until Ii
o'clock tomorrow morning, when AIR
IIddou eEpecJs 20 have ou hand "a uum
Der of witnesses from Florida. Lomsi
uHa ard Texas. VINO viii testify 10 th,
amount OF Judge Swayne's actual rx
u,usgs, when he held court Dad thes,
States.
The adiCuIuMents of the hearing here
after VIII Dee from day 20 day only. Rep
|Ir-eututiyt Palmer announced thi
morning there must be- no more post
poDemeuts or DELAYS, and that The hear
ing would Dr pushed 20 lJs conclusion
as rapidly aa possible.