The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-18
NAY DROP SWAYNE CHARGE.
UOUTE NOW RELUCTANT TO Pro-
CEEE AGAINST THE JUDGE.
Change Of Sentiment since the First Vote
-Cocltran Riddles the Expense Cer-
tincatc CounI-Judse Pardce says

on i'r articles of Impeachment Although
the House before the holidays voted TO
lmpeach Judge Swayne. great change OF
opinion has taken place in that body since
then. and, according to an informal and
Incomplete canvass conducted this after
nom the special charges or articles of
lmpeichmcnt viii be defeated In that
event the prosecution Of Judge Swayne
would cease. lie would not be brought
T. trial before the Senate.
How widespread the change Of sentiment
ha. been may be gathered from the fact
that while the resolution of impeachment
vi carried after a few hours Of debate
the discussion marking the attempt TO
adopi the specific article of impeachment
viii have consumed six days when the
Hou-, take the final vote tomorrow,
The suspicious in the minds Of many
Republican Representatives that the prose-
cntiou of Judge Swayne was due largely
to partisan motives found some confrna-
ton to-day in the production OF letter,
which Representative Grosycnor read to
the House from United States Circuit
Judge Lon 4 Pardee of New Orleans,
who had ovcrruled Judge Swcynes decision
In the contempt proceedings forming part
Of the charges against the Florida jurist
Judge pardee asserted that the attacks
on Judge Swayne grew out of his proseou-
ton Of Democratic election frauds fifteen
years ago an idea that many Republican
members of the House have come 20 be-
heyc. He also expressed the hope that
Republican House would not impeach
Judge Swayne on charges growing out OF
personal malice and political prejudice,
Even Representative Lamar OF Florida.
who presented to the House the resolutions
OF the Democratic Legislature Of Florida
calling for Judge Swayne's mpeach-
ment while denying the allegation OF
partisan motives, admitted that Judge
Pardee wa, man Of the highest standing
aud held in great respect Wy the people
OF his circuit
The case OF Swayno's prosecutors was
not helped either by stirring speech
from Bourxe Cochran. who while vigor-
ously condemning Judge Pardee aC
knowlodged that the charge against Judge
Swayne Of overcharging for expenses
was ridiculous. As this is tho only charge
which ia regarded by many members
as having any great weight. Mr. Cochran's
effort tended still further TO weaken the
argument in favor of impeachment
Mr. Lacey rep. Ia continued bis re-
xey u tho parliamentary history Of the
provision for payment Of expenses to
Judges holding court outside their dis
trcts 90 show that whenever considered
By the House il had been treated as adj
elti3raI compensation
ilr Grosvenor tRep.. Ohio followed.
discus ing the question Of Judge Swaynes
personal and professional reputation and
read NJ Judge pardee = letter.
Bourke Cochran Dem. y. " replied
10 Alr Grosyenor. lamenting that politics
should have been injected into the debate.
Regarding the method Of dealing with
Impeachment Mr.. Cochran said the House
Gas not 10 determine the question by the
rules governing criminal trials, but upon a
consideration of all he circumstances Of
the case
The expense certificate charge Afforded
Mr. Cochran the opportunity to indulge in
the only humor that has been evolved by
the debate.
u do not think. he said. that the United
States can afford to stand at the plate of a
judicial officer. vigilantly scrutnizing
whether he eats corn beef and cabbage at
fifty cents plate or a rack of lamb at
sixty cents. whether he sleeps in a bed that
costs dollar or a dollar and a quarter.
Does the law mean that he must actually
eIpend this $40 a dav every day that he is
on circuit. or would il be competent to
spend s. one day and Sl3 the next2 If it
H. competent FOR him % do this. he has time,
with the blessing Of Heaven. so TO speak,
and in contemplation Of the law. to eat him
SIT even with the Government. laugh
ter These subtIelies and refncments OF
tic appetite are either too high or too low
for 'hi- body TO ecrutinize not a subject
70 which am willing that the intellectuals
OF 'ho l3u- should br atasrd.'
Other charges. however he continued,
demanded action 10y the House. The first
Of PIN" was as % the question Of nom
Residence which on the Republican side
bad tecn treated rs Of slight importance,
Mr. looaun bitterly criticised Judge Par
Gee for writing the letter read by Gen.
Gros'enor a. being an attempt to control
TIE notion Of tho House The letter was
not contribution the facts nor a dis
ons-.ou 4 tho law. l. was the speaker
said an attack upon the law; upon the
honor honesty and fidelity to 'Neir oaths
q gentlemen surrounding him.
Mr. cochran asked if it we're possible
TIA, Republican Congress would be ao-
ent motive from a Democratic one? Judge
Fndo" he described as turning the errnine
Of justice into the uniform Of harlequin.
who auciug into the hall, invited Repub-
Acan- Zoo the perjury Of their souls.
Mr. Moon rep, Pa, relatively new
nemho- and who has hitherto never adj
dTe'~'i the House was allotted fifty min
Ute iir set for himself the task Of telling
VIM manner Of man Judge Swayne was.
o'-'- that when the charges were pre-
ier'ed %" was inclined To regard him with
horror he read letters from the most
eminent lawyers Of Philadelphia asking
PRESIDENT Mckinley TO appoint Judge
e"afn" 70 The supreme bench also letters
IRON every lawyer Of Pensacola recon-
menaing hi'o for appointment to the Circuit
bench
inc argument was further participated
u tN Mes,rs. CHimpacker rep. Ind and
lamar dem, Fla, the latter being the
s4ihni u the proceedings Of Impeachment.
~ -icfied that he had any personal malice
sSa.n-l Swayne or that the State Of Florida
mao ana ancient grldge against him 10 foed.