Los Angeles herald., 1905-01-19
HOUSE VOTES TO
IMPEACH SWAYNE
FLORIDA DISTRICT JUDGE IS
CENSURED
Congressman GiIlett Of California
Speaks for Minority and Makes
an Eloquent Plea for south-
ern Jurlst

J by Associated Press.
| WASHINGTON, Jan 1S.-The house
of representatives today adopted the
twelve articles of impeachment against
Judge Charles Swayne Of the district
court of Northern Florida, which had
been presented by its special committee
of investigation.
The speaker was authorized to APP
point a member to present the case to
the senate and conduct the impeach-
ment proceedings before that body.
This action was the elimination of a
debate which has been in progress for
over week and which has developed
some partisan feeling.
The first vote, that to table the first
articles, those relating to the falsifica-
tion of expenses, went against Judge
Swayne by the narrow margin of five
votes. This was regarded as the test
vote, as the charge regarding expenses
was the only one concurred in; by the
members of the committee signing the
minority report
The motion to table these articles
was lost, 100 to 1856. Twenty-four Re-
publicans voted with the Democrats
against tabling and three Democrats
voted with the Republicans to table
On roll call these three articles were
adopted Articles four and five, relat-.
ing to the free use of a private car by
Judge Swayne, were made the subject
of separate vote and adopted, Like
action followed to accept articles 6 and
I, charging him and non-resdence in
his district.
This was the last roll call, as articles
s. 9, 10 and IL, relating to the O'Neil'
contempt case, were declared adopted
on viva voce votes.
Argument in the case was opened in
the house by Mr. Mccall of Massachu-
setts. He said he had no difficulty in
reaching the conclusion that he should
vote against all Of the articles of inn
peachment.
The debate today was chiefly notable
for the closing arguments in the case.
That for Judge Swayne was made by
Mr.. Gillett of California, and that for
impeachment by Mr.. Walmer of Penn
sylvania. Mr.. Gillett made an earnest
plea for the judge and Mr.. Palmer
spoke strongly for purity on the bench
and for impeachment.
Californian Defends SWayne
After some further debate Mr.. Gill
lett, in charge of the floor for the mi
nority, endeavored to secure an under
standing whereby he might close the
debate. Speaker Cannon stated that
the custom was that the member in
charge of the pending measure had the
right TO close the debate.
Mr. Palmer retained this right, and
Mr.. Gillett began at once the conclu
sion for the minority.
Mr.. Gillett read a telegram, signed,
he said, by the leading merchants and
citizens of Pensacola, Fla, condemning
the impeachment proceedings and ex-
pressing a sentiment friendly to Judge
Swayne.
Judge Swayne, he said, would never
have been proceeded against and per
secuted" if it had not been for the
ONeil contempt proceedings.
Mr. DeArmond of Missouri followed
Mr.. Gillett, declaring that if Judge
Swayne was not impeached sit would
be because of the blindness of PARTISAN
ship hate and ZEAL"
Mr. Porter of Pennsylvania defended
Judge Swayne.
When the hour for a vote drew near
II IL. 4 II
Mr. Littlefields motion to table the
first three articles was lost, 165 to 159.
Speaker Cannon had his vote recorded
for the motion. Three Democrats, Bell
of California, Moon of Tennessee and
Thayer of Massachusetts, voted to
table, while twenty-four Republicans
voted against the Littlefield motion.
Bourke Cochran and Goldenogle of
New York voted "present," as did
Hughes of West Virginia, Watcher or
Maryland and Wilson of Illinois.
Mr. Palmer at once moved to adopt
the first three articles, and this was
agreed to, 165 ayes. 100 nays.
Mr.. Palmer moved to adopt together
the fourth and fifth articles, The mo-
ton was carried, 1862 ayes to 13S noes.
The same motion was made with ref
erence to articles and Z, charging
Judge Swayne with non-residence in his
district. Mr.. Littlefield secured a roll
call on this motion.
Appoints cenate Committee
Articles and were adopted, 1853 to
1877. Mr.. Palmer at once moved the
adoption of articles s, 0, 10 and IL re-
lating to the Davis-Belden contempt
cases. A roll call was not demanded
ON this motion and it was declared
adopted on viva voce vote.
The same motion was made with re-
spect to the remaining article, No, II,
relating to the O'Neil contempt pro-
ceedings, and 1t likewise was adopted.
Mr., Palmer offered a resolution em-
powering the speaker to appoint seven