The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-26

Representative Palmer of Pennsyl-
vania today filed in the House the ma
jority report of the Committee on the
Judiciary in favor of the Impeachment
of Judge Charles Swayne. of the North
ern district of Florida.
The report sustains five of the specific
charges made against the jurist by the
Legislature of Florida, which were in
Guided in the resolution of impeachment
presented in the House last December
by Representative Lamar of that State.
The first charge sustained against Judge
Swayne is that of non-residence. The
statute provides that a Federal judge
must reside in the district over which
he presides The report states that ac-
cording TO the testimony adduced and
according to the admissions of Judge
Svtayne he had nothing more than a
boarding house residence" in the dis
trict prior TO the time the Legislature
passed a resolution Of censure. It shows
that for eight years his presence in the
State averaged only sixty-two and one
half days a year.
Resident of Delaware.
During ten months of the year he re-
sided chiefly at Guyencourt. near VII
mington. Del. Furthermore in fourteen
years he never became a registered
voter in the State of Florida: never
voted. never owned any property there,
never paid any tax. not even a poll tax
by reason of his absence 1t is alleged
that processes in court suffered The
report says that Judge Swayne's de-
tense Is a series of excuses for non
residence, and adds that il III becomes
Judge to set up excuses for disobeying
the law
Gross abuse of judicial powers are
also charged Several specific instances
OF unlawful, arbitrary, and unwar-
ranted action in contempt cases are
cited. In one case Judge Swayne is
SAID 10 nave purchased property in liti
cation before his court He announced
from the bench that the property had
been bought by near relative. Later
he confessed. also. from tla bench that
the near relative was none other thar
his wife. Following this, action was
Drought by r. I. Davis and Simon
Belden, attorneys interested in the case.
against Judge Swayne to establish title
and recover the property.
An Abusive Judge
For this Judge Swayne adjudged both
IN contempt Of court, sentenced them to
pay a fine Of 800 each. serve ten DAYS
IN Jail. and be disbarred for two years
from practice. Mr.. Belden at the time
was aged. suffering from paralysis He
had been speaker Of the house of rep
AtSNA- -eAAN - III A~J4ASAdlld1 anu attorney
general OF the State Furthermore. IN
sentencing them II Is charged that he
used insulting and abusive language
while upon the bench. The report de-
clares that in this case Judge Swayna
was guilty Of gross abuse Of judicial
power and misbehavior in office, and
that his action was unauthorized and
unlawful.
In another contempt case. he was
particularly oppressive. It seems that
there was "A conspiracy among a firm
OF lawyers and others to have w H
HOskins declared a bankrupt. The map
was advanced in age, ana unable 70
read or write. He had property worth
$4,000, and owed debts amounting only
To $1,000 Judge Swayne appointed
receiver. Hoskins offered to pay his en-
tire Indebtedness, but was denied the
right. The receiver took possession Of
his property. He also took possession
at a place some distance from HOskins
store, OF property belonging TO HOskins'
son
Recovered by Force.
The young man protested. and finally
recovered his own property by force.
He offered TO prove in court that the
property was his and not his fathers.
but Judge Swayne declined 10 hear his
Witnesses. declaring that even If sworn
he would not believe them under oath.