Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-17
House Sets Date for Action on
the Swayne Case.
SOME FEELING SHOWN
CLASH BETWEEN MESSRS. eros.
vENoR AND PALMER.
Former Defends the Course of the Ac-
cused Judge-Mr. Cochran
Follows.

The House of Representatives agreed be-
fore proceeding with the Swayne impeach-
| ment debate today to begin voting on the
articles of impeachment at $3.50 O'Clock to-
morrow. Mr.. Palmer endeavorcd to OBJ
tain a vote at o'clock today. Mr.. Gillett
(Cal) objected on the ground thai several
members who had prepared to speak on
certain phases of the case would be cut
off. Mr.. Gillett made request for u
vote tomorrow, which was finally agreed TO.
First. however, Mr.. Macon (Ark) OBJ
jected 'It seems to me- he remarked
that the gentleman from California is try
ing to run this whole case himself, and
whenever I see that tendency I always OBJ
ject." He was induced not to insist on
his objection.
Mr.. Lacey occupied ten minutes in fur
ther discussing the $40 a day expense propo-
sition, drawing the conclusion that an i'm
parchment ought not to be voted on this
ground.
Defense of Judge Swayne.
Mr.. Grosvenor (Ohie) began speech in
behalf of Judge Swayne, by the statement
that he had never been so much shocked as
to the status of the law profession as he
had been at some of the expressions of bad
temper and bad legal propositions that had
been made in the debate. Gentlemen who
| have argued for the persecution he con-
tinued, have given out in advance that
there was nothing to consider that was not
contained in the report in the case. Yet
l submit that nine-tenths of the argument
has not been made on matters contained in
the record"
AS an illustration Mr.. Grosvenor read
| from a speech that had been made con-
| tanning this language: 1.-The track of this
l hoo x,,I-oz l. ~kzsa
scandals and suicides. I believe he has not
a friend on earth in the northern district
of Florida
Mr.. Grosvenor had read a letter from
Judge Don A. Pardee of New Orleans. The
letter referred to the political conditions in
the case and concluded that a republican
House should not vote on impeachment.
Mr.. Cochran On. y asked if the letter
was written to be read to the House.
The gentleman ought to wait until the
episode is closed retorted Mr. Grosvenor,
who then proceeded to read kilograms be-
tween himself and Judge Pardee resulting
in permission to make the letter public.
A Clash Between Representatives.
A clash between Mr.. Grosvenor and Mr..
Palmer resulted from Mr.. Grosvenor's justi-
fication of Judge Swayne for taking $40 a
day expense money.
Mr.. Palmer interrupted to state that the
whole judiciary committee, including the
members signing the minority report, had
agreed on the construction of the statute
that only the amount actually expended
should be taken by judge as expense
money.
And any man who has the pretense of
being a lawyer and who has two grains of
gray matter in his head knows that that
construction is right, asserted Mr. Palmer.
1.-The utterance of the gentleman from
Pennsylvania is characteristic of this entire
prosecution and OF his entire career in this
| case" retorted Mr. Grosvenor. I'm the end
of the prosecution he will ascertain where
the gray matter is.
At the close of Mr. Grosvenors speech Mr..
Overstreet reported the post Office appro-
priaton bill.
Mr.. Cochran Speaks.
Mr.. Cochran IN. " was yielded half
hour to talk on the impeachment side of the
controversy.
Mr. Cochran lamented that the proceed
ings might not have proceeded along nom
partisan lines. Strange as it may SEEM"
he continued. 1.-The first partisan argument
comes from outside the House. 1t comes
| from the bench itself" This was he said
reason for extending the operation of the
Houses scrutiny There was, he said, a
| vast difference between an Impeachment
and an indictment. a fact, which the House
had seemingly forgotten. No law of evil
dence binds an Impeachment proceeding,
as is the case with an indictment
Mr. Cochran took issue with the ma
jority report of the committee on the ex-
pense account charge. That was a matter
too high or too low to warrant such en-
phasiS. 1T is hardly necessary to inquire
whether he eats corned beef and cabbage
at 80 cents a plate, or leg of lamb at Co.
How is the statute to be interpreted? Is
he required to spend the whole $40 each
day, or may he husband his resources and
spend 81 one day, when he may be suffering
with dyspepsia, and S13 the next in glut-
=, ~ rfi I,oe x,,i% L
the pleasure of heaven, to eat himself even
with the government He could, by con-
Stunning terrapin, canvas back duck and
other delicacies, bring himself up
Criticises Judge Pardee.
Mr.. Cochran passed over the contempt
charges as unimportant. He mentioned the
charge of non-residence as a grave one and
then reverted to the letter of Judge Pardee,
which had been read to the House earlier in
the day at the instance of Mr.. Grosvenor
Il did not believe 1t conceivable that a
judge would undertake to control the ac-
ton of an Independent body on a proceed
ing itself judicial. Now, think of it. I am
not considering the merits of it, but the
monstrous spectacle of a Judge himself a
member of the department which We are
now scrutinizing, stepping into this House
with an attempt to control our action.
When 1 state that 1 describe a spectacle
which ought to make us pause; which in
dicates in marked degree decay of our
constitutional system.
'Sir, suppose when the case of Senator
Burton was pending before the Supreme
Court of the United States that the Sem
ate had passed a resolution declaring thai
Senator Burton was model of virtue and
senatorial courtesy, and that his prose-
cution was act of indefensible hostility
on the prt of some government depart
ment Would not a thrill of horror have
run through the entire country. Yet how
would such action by the Senate differ
from this action of this Judge. attempting
to control this, the grand inquest of the
nation, in dealing with a member of that
judiciary? l do not call attentitn to the
character of the letter, but to the char
acter of the transaction itself"