The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1904-03-29
JUDGE SWAYNE
GETS ROASTED IN COMMIT.
TEE REPORT
DIsCRaCEFUL CONDUCT
And Perversion of Law
and Justice Charged.

Washington, d. c., March 27-Rep-
resentaaive Palmer, OF Pennsylvania,
representing the majority Of the house
committee on the judiciary, made
voiuminous report from that committee
recommending the impeachment Of
Judge Charles Swayne, Of the northern
district OF Florida
After going over the evidence pre-
sented, In detail, Mr.. Palmer says:
Charles Swayne has been guilty Of
misbehavior In his office of judge and
grossly violated the conditions on
which he holds his honorable appoint
ment. The honor OF the Judiciary, the
orderly and decent administration Of
public justice. and the welfare Of the
people OF the United States demand his
impeachment and removal from the
high place which his conduct has de-
graded.
1T Is vitality necessary to maintain
the confidence Of the people in the ju-
dietary. A weak executive, or an in
efficient or even dishonest legislative
branch, may exist for time at ieast,
without serious injury to the perpetuity
Of our free institutions, but II the peo-
pie lose faith in the judicial branch, II
they become convinced that justice can
not be had at the hands Of the judges,
the next step will be to take the ad-
ministration of the law into their own
hands and do justice according to the
rule of the mob, which is anarchy, with
which freedom can not co-exist. The
committee ON the judiciary recon-
mends the adoption Of the following
resolution:
Resolved that Charles Swanye,
Judge Of the district court Of the Un-
tied States in and for the northern
district Of Florida, be impeached Of
high misdeamor'
The committee finds among other
things that Judge bwayne was nom
resident Of FLORIDA: that he disbarred
for two years three attorneys for con-
tempt, fined them 500 each and I'm
posed ten day jail sentence upon
them, and tnat he forced into bankrupt
cy and imprisoned an aged business
man, as the result of q conspiracy, the
man killing himself In jail because of
the humiliation.
OF this latter case the report finds:
"The whole disgraceful perversion OF
law and justice was made possible by
the complainancy, stupidity, or worse,
Of Judge Swayne, who lent himself to
q conspiracy to ruin an honest man by
oidfng tho ocno mi ro torc In ovoru xuo VI
in his power. He had no right to re-
fuse hearing to Hoskins on the
ground that q book taken out Of the
custody of the receivers clerk by am
other person must first be produced.
1t was q denial OF justice. 1t was an
arbitrary and oppressive abuse Of
power. There was not sufficient testi-
mony before the judge that the book
had any relevancy to the case"
Upon the whole case" the report
declares, 1T is plain that Judge Swayne
has forfeited the respect and confidence
Of the bar of his court, and Of the
people Of his district who do business
there. He has so conducted himself as
to earn the reputation of being sus-
ceptible to the malign influence Of a
man Of nOtoriously bad character. He
has shown himself to be harsh, ty-
rannical, and oppressive, unmindful Of
the common rule of a just and upright
judge. He has continually and per-
sistently violated the plain words Of a
statute Of the United States and sub
jected himself to punishment for the
commission of high misdemeanor.
He has fined and imprisoned members
Of his bar for constructive contempt
without the authority of law and with
out a decent show of reason, either
through inexcusable ignorance, a ma
Ncious intent to inJure, Of a wanton
disposition to exercise arbitrary pow
or. He has condemned to term of
imprisonment In the county jail a rep
utable citizen OF the state OF Florida
over whom he had no jurisdiction who
was guilty of no thought of contempt
Of his court, for no offense against him
or In the presence of the court, or in
obstruction of any order, rule, COM
mand or decree. And after the accused
had purged himself on oath"
The report cites the following cases
Of judges impeached and removed from
Office:
Judge Pickering was impeached by
the house and convicted by the senate
for releasing the ship Eliza to her
owner without taking bond after she
had been seized for violating the ex-
else law and for appearing upon the
bench when drunk and using profane
language
Judge Addison was impeached and
removed from Office for refusing to al
low an associate Judge to address O
grand jury and petit jury.
Judge Chase was impeached for re-
ftfsing to allow counsel to address the
court and jury upon a point of law that
had already been decided.
Judge Peck was impeached for dis