Arizona republican., 1905-01-28
The Impeachment Proceed ingS to Begin Feb. I3
PROGRAM Is ARRANGED
The Statehood Discussion Is Again to the FrOnt-SenatOr Bailey Ex- poets the Passage of the Bill in Some Form.

Washington, Jan. 27.-Through his counsel, consisting of former United States Senators Anthony Higgins and John M. ThurstOn. Judge Swayne to- day appeared in the senate to make answer to the summons in connection with the impeachment proceedings against him as judge for the northern district of Florida. The galleries were crowded and a large number of mem bers of the senate were present
 The discussion of the statehood biIU was then resumed, and Messrs. Gal finger, Bailey and Stewart spoke on the Gallinger prohibition amendment concerning the sale of liquor in the Indian Territory.
 When the trial of Judge Swayne was resumed much interest was manifest ed. The return made by Sergeant-at- Arms RansdaIl on the summons upon Judge Swaync was read and. after AI- Ransdall was sworn as to the correct ness of the return, he called for the appearance of the respondent, saying Charles Swayne! Charles Swaynel Charles Swayne. judge of the district court for the northern district of Flor ida, appear to make answer to the ar ticles and impeachment exhibited by the house of representatives against you"
 Judge Swayne did not appear in per son, but responded through his .coua- sel, former Senators Anthony Higgins and John NJ. Thurston. who took the seats assigned them. and as did the house managers those assigned to them. MT. Higgins announced the presence of Judge Swayne in the city. but said that he desired to appear by his counsel, who had his warrant for so doing. February was set for Judge Swayne's answer. The trial will proceed on February 12. The trial programme was then terminated and the house managers and Judge Swayne's counsel withdrew to return February I2
 Consideration of the joint statehood bill was then resumed, MT. Gaunger addressing the senate in support os his amendment prohibiting the Jraf- flc of intoxicating liquors in the Indian Territory, saying the Indians them selves desired to be so protected
 MT SpOoner expressed the opinion that in admitting the state congress had no right to grant privileges to one class and not to another. nor could the federal government retain control Of one class of. offenses and cede its con trol in others. If for instance. con gress could retain control of the sale of liquor. it could retain it in the case of burglary.
 "Or of bigamy. or pOlygamy," sUg- gested MT. Platt of Connecticut. Yes" responded MT. Spooner. and he added that Utah ought not to have been admitted to the union, but. once admitted on an equality with other states, congress had no more power to deal with pOlysamy there than it had with burglary there."
 Mir. Stewart supported the amend ment saying that the guardianship of the United States over the Indians did not cease to exist as long as the gov ernment exercised control over the property of the Indians, even though they be citizens.
 MT. Bailey contended that under the constitution no such discrimination was permissible. He expressed the opinion that the statehood bill would pass in some form.
 THE HOUSE.
 The house today passed the agricul- tural bill without material amendment A discussion of the provision for free seed distribution was indulged in. Mir Lilly of Connecticut characterizing it as petty larceny. The relative values of the cotton statistics as supplied by the census bureau and agricultural de- parUment also furnished a theme for lively debate.
 The army appropriation bill was sent back to committee after Mir. Will Hams of Mississippi had objected to unanimous consent to concur in the senate amendments and sent the bill to conference.