New-York tribune., 1905-01-11
SWAYNE CHARGES FILED.
IMPEACHMENT OF JUDGE.
TsceLCe Counts Presented to House
Minority Report DiSSents.

Washington Jan. lo.-ln the House to-day Mr..
Palmer Of Pennsylvania chairman OF the commit
tee OF seven TO prepare charges against Judge
Charles SNayne OF the United States District Court
OF Florida reported twelve articles Of impeachment
and gave notice that on Thursday next he would
call the charges up for the action OF the House.
Mr. Gfllett Of California. submitted minority re-
porf signed by Representatives Littleield. of
Maine and Parker of New-Jersey. dissenting 10 all
the articles impeachment except that pertaining
the falsiicaton Of the expense account OF Judge
swsyne Representative Gilett also signs, with
note that he dissents 10 all articles Of impeach-
ment.
The hrst article as formulated by the ma jority
declares that Judge swsyne April % 1897.
weco. Tex. presented false claim against the
government in the sum Of $50 knowing the
claim 70 be false The copy Of the certificate made
by Judge Svayne is given, IN which he says that
foT twenty-three days my reasonable expenses
were $3.50 On this he is charged with a
high crime and misdemeanor. Article II relates to
the charges of so day while at Tyler. Tex.
when his expenses We're less and alleges that
he obtained money from the government by false
pretenoe-
Article Charges Judge swayne with apprO-
the owner. a car belonging 10 the Jacksonville.
Tampa and Key West Railroad Company 10 trans
Del. 70 Jacksonvile. Fla. the railroad at that time
ana Is as usSe se aPSwes SS e Sra9g9 cTs9f
claimed by the receiver on account OF necessary
this is charged with abuse OF oficial power and
g higb misoemeenor-
ABUSE OF JUDICIAL POWER
Article charges that Judge swayne appropriated
70 his own use the for q tr1p to Calf
toCnis and Like allegation to Article against him
ESQUIRE residence in the Northern District Of
ELoTloa as provided by the statutes sayfng he to-
srgy violated The law, and is guilty OF a high mis-
es the period Of E ro@ gav ana "a &
70 January ]. 1903 and alleges violation OF law
Article charges that "on the 18th day Of No
Of Escarabia in the State OF Florida. he did ms,
lciously and unlaWfuly adjudge guilty OF contempt
nit 70 prison Tor period of ten days. E T. Davis,
contempt of the Circuit Court the United States
and IN SAID metter is guilty OF an abuse Of judicial
Is The same as Article except that the
charscterizing his act in ming and irnprisoning Mr.
DAVIS Articles 10 and II are the Articles
instead Of E. T Davis.
The last article alleges an abuse OF Judicial
power, in that he committed w c. ONeaI 10
prison for sixty day for alleged contempt Of
the District Court at Pensacola on December g
1872 which the committee holds to constitute a
high msdemesnor in office. In conclusion the report
rectes:
&nd The House OF Representatives. by protesta-
any time hereafter any further articles OF &C,
cusation or Impeachment sgainst the said Charles
Northern District of Florida and also of replying
articles herein preferred against him, and Of Of
FERNS proof OF the and every part thereof
and all and every other arcice or accusation
impeachment which shall be exhibited bv them
ss the case shall require. do demand that the said
hares SWaEne may be put 20 answer the high
crimes and nisdemeanors in Office herein charged
against him, and that such proceedings eAamina-
tious. trials and judgments may be thereupon had
and given. may be agreeable to law and Justice
a REPORT AGAINST IMPEACHMENT.
Representatives IAttlefeld and Parker in dissent
ing from the report Of the committee, say:
The House must establish the truth Of these
arucies by competent testimony beyond reasona BILE
onupr- The only articles which, in our Judgment
the record as IL now stands would sustain. are
these II claimed in the hearing that other
Judges have construed The law IL was construed
py Judge Swayne. and evidence offered TO
esta bsh the claim and was excluded
We dissent from all the other articles, espe-
clay as 70 those based upon the contempt proceed
:nes IN the Davis. Belden ano O'Neal cases. These
Of court and demanded exemplary and summary
Tpnis hTneot from any solf-respecting court. The
charge rs TO non-resoence is supported by such
efllelce as variants the adoption of articles in
fhst regard. = he use OF the private car. is
the proper subject of adverse criticism taking into
account the TACT that there is intimation or
IS not of such gravity as 10 justify Impeachment
proceedings therefor. The incident occurred
more than ten years ago. and the non-resdence
eDesuon mas existed Tor more than four years. No
statute of limitations apply, the great pro-
ceeding Of impeachment IS not used as 10 stale
charges not affecting the moral character or TT
ness o. the officer 70 perform his duty.
Representative Gulett submitted the following
views:
concur IN all that said in the foregoing
r.eVs OF the minority except 10 the certfcates
tor expenses. At the hearing before the committee