The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-11

trials and judgments may be there
upon had and given as may be agree
able to law and justice"
REPRESENTATIVES Littledeld ana
Parker. in discussing from the report
of the committee, SAYS:
THE House must establish the trutn
Of these articles by competent teSu-
mony beyond reasonable doubt.
"The only articles which, in our
Judgment. the record as it now stands
would sustain. are based upon the
certificates of expenses. AS to these
it was claimed in the hearing, lnaC
other Judges have construed thel aW as
it was construed by Judge SWayne
and evidence was offered to establish
the claim and was excluded
I'VE dissent from all the other ar
ticles and especially as to those based
upon the CONTEMPT proceedings in the
Davis, Belden and O'Neal cases These
cases clearly involved Wilful and
marked contempt of court and de-
manded exemplary and summary pun
iShment from any self respecting court
The charges as TO non residence is not
supported by such evidence as war
rants the adoption of articles in That
regard The use of the private car
which is the proper subject .of adverse
criticism. taking into account the
fact that there is no. intimation or
Claim that any judicial act was IN
f1ucnced thereby or attempted to be
influenced thereby is not of such
gravity as TO justify impeachment pro-
ccedngs therefor. The car incident
occurred more than ten years ago,
and the non-residence question has
existed for more than four years. o
statute of limitations can apply but
the great proceedings OF impeachment
is not to be used as to stale charges
not affecting the moral character or
fitness of the officer to perform his
duty.
Representative iGliett submitted the
following views:
Il concur in al Ithat is said III the
foregoing views OF tAe minority except
As to the certificates for expenses. AT
the hearing before the committee
Judge Swayne offered to prove tine GUS
tom aud practice of the Federal judges
in making certificates for their reason
2 bic expenses for travel and attendance
when holding court out of thei' ON
districts the purpose being to show a
judicial construction of the statute I'M
der which these expenses were allaw-
ed. while the record IS 81
lent upon all these questions for the
reasoh above stated. still it appears
from official records some of which
Treasury Department. that a majority
o. the district and circuit Judges in
five circuits selected at random make
cut certificates for $40 q day and in
two Of these districts every judge made
cut such certificates. | am inclined to
believe that wheer a practice has been
81 geenral. hese judges acted in good
faith with an honest belief that a fair
construction of the statutes gave cncm
1910 a day as an allowance for tra| 81
and attendance while attending court
out of their districts. and | also feel
that this house would With great re-
luctance pass q resolution impelcning
them all, and if not ALL why one: on
this article my mind is not satisfied
beyond Il reasonable doubt that Judge
SWayne in following a practice so Well
established by so many honorable men
committed a criminal OGense for which
he should either be prosecuted or inn
Ipcached. and giving him the beEoft of
this oubt | cannot COnsert to any I'M
parchment on that ground.