Bisbee daily review., 1905-01-20
THE CASE OF JUDGE swAYNE

THE CASE OF JUDGE SWAYNE
 Indications multiply that both houses of congress are getting tired of the case of Judge Swayne. This is ir part due to the inconvenience of trying him, but only in part. There is also the consideration that there are othel hearts that will ache.
 There are many charges against Judge Swayne, but the one on which all agree is that he drew from the treasury considerable sums of money to winch he was not entitled. In his account for expenses he always charged the maximum of ten dollars day, though the rIoof is expected to show in fact, the proof before the commit. tee did show that bis expenses were much less. He mde his home at cheap boarding houses and charged the gov ernnment ten dollars day for his maintenance. This, of course. was graft pure and simple aggravated by oath or affirmation that the account was correct. There seems to be no doubt that this will be proved, but as to the other charges it is conceded that the proof may not turn out to be strong enough to exclude all doubt.
 At first blush it would appear that roobing the government and lying about it are sufficient reasons why 8 man should not hold a high and re- sponsible judicial position. But at this point peculiar line of defense develops. h behalf of Judge Swayne it is aid that he has done no. more than other judges are in the habit of doing. As the gentleman of bibulous habit resented any fuss about his falling down flight of steps on the ground that ne always came down stairs that way" so the defenders of Judge Swsyne say he yielded to the force of 8 custom well established among fed eral judges. They do not, indeed, say that the practice is universal. That would be likely to provoke indignant denisls from many federal judges who have no dishonest dollar in their pos session. But it is claimed that it is a common practice, which is very nearly equivalent to saying that majority of the federal judges are addicted to robbing the government. The Courier Journal takes leave to doubt this and calls for proof. But it seems pretty well established from semi-official out givings that many judges habituaIly charge the maximum allowed by law for expenses. This does not make a case against any )f them until it is shown that the charges allowed are in excess of their actual expenses.
 But apart from the real facts about this system of grating the defense of Judge Swayne upon such grounds is peculiar. It has often been thought that the prevalence of a particular crime is a strong reason for prosecut- ing the guilty in order to put stop to it. There are many sorts of pleas put forward by skillful criminal lawyers in behalf of men charged with mur- der, but none Of them has so far plead that murder is A common crime and therefore ought not to be prosecuted at sll. On the other hand, the frequency of homicides is generally held up ss reason why there should be more zeal and fidelity in the efforts to suppress them. or at ilesst to diminish their number. If it IS really true. ss alleged, that grating is common among the judges it is high time sn example was made of some of them, and the others forced to resign or at least to reform,
 In the matter O' the land frauds in