The Montgomery advertiser., 1905-02-25
MORGAN HOLDS THE FLOOR
Alabama Senator Padding
 His Own Canoe.
Opposes Motion for Conference or Statehood BiIl and Was Still Speaking When Session
 Came to An End.


 the Swayne impeachment trial and the motion of Mir. Beveridge to appoint conferees on the joint Statehood bill. In the Swayne case. Messrs. Perkins. Clayton and. Powers made arguments in behalf of the prosecution. and MT. Higgins responded in Judge Swayne's behalf. leaving Mir. Thurston still to speak for Judge Swayne and Messrs. De Armond and Palmer for the House. The trial will be resumed at 10 o'clock tomorrow.
 It is the expectation of the Senators who are managing the impeachment trial of Judge Swayne that an agree ment will be made tomorrow to take vote on Monday.
 Mir. Morgan antagonized the motion to appoint conferees on the Statehood bill and held the floor in opposition when the Senate adjourned for the day.
 The Senate began proceedings today by adopting a resolution reported by Mir. Lodge from the Committee on Rules, directing the sergeant at arms not to permit flowers to be brought into the Senate chamber.
 The Senate then took up the naval appropriation bill to secure at this time action on the provisions to which there is no objection 2
 The reading of the naval bill had not been completed when ten minutes before 12 o'clock Mfr. Beveridge was recognized to renew his motion for tho appointment of the conferees on the joint Statehood bill. There was at the time no objection to the motion, but Mir. Teller said that he would desire fifteen minutes time to state some facts which had recently come to his attention regarding conditions in In- dian Territory.
 Mir. Bailey asked that the time for converting the court be postponed i've minutes.
 T object" said Mfr. Daniel Bailey Chamwos Exeut.
 .srhen. responded Mr. Bailey sH shall vote for the bill as It passed the 1 House. I have opposed the annexation of Arizona to New Mexico. but will l no longer allow any vote of mine to stand in the way of justice to 1.5O0.000 people in the interest of 30o,OOo eIse- where"
 | Mir. Teller then proceeded. He an- nounced that he would interpose no | opposition to the conference but that he should feel at liberty to object 10 prevent action contrary to the wishes | to the Senate. He added that most of his time for the past few weeks had 
 the Committee of Indian Affairs, and that information gained there had been of such a character as to convince him that the best course to pursue in the interest of the people in that territory Is to annex 1t to Oklahoma and admit the two territories as one State. This he thought should, under the circum- stances, be done as speedily as possl- !! ble.
 MT. Teller concluded three minutes before the time for the court to con- vene The chair announced that his original intention had been to appoint Messrs. Beveridge, Dillingham; and Bate as the conferees on the part of the Sen- ate and was proceeding to say that on account of Mir. Dillinghams absence he would submit MT. Nelson's name when MT. Morgan asked If the motion to ap- point conferees had been put. The chair said no and was putting 1t as the hands of the clock pointed sharply at the noon figure T desire to be heard on that motion," said the Alabama Senator. This meant that the motion must go over. and caused man. fest disappointment to the friends of the bill.
 The SVvayne Case. When at noon the consideration of the Swayne case was resumed. Mr. Per kins, on behalf of the House managers, was recognized to continue the argu- ment in support of the articles of im- peachment. He devoted himself to the point of residence. claiming that nom residence on the part of Judge Swayne in his district had been absolutely es- ts blished.
 MT. Perkins spoke for forty-five min utes and was followed by Mir. Clayton. who gave his attention especially to the general question of impeachable of- lenses. He said that never before in the history of the Government had the contention been made that an ohielaI could not be impeached for offenses committed when acting otherwise than in his ofiicial capacity.
 Mr. Powers devoted especial atten- ton to the cases in which punishment for contempt had been inflicted by Judge Swayne. He attributed the JLdge's conduct in the Belden-Da case to weakness and vanity" and with reference to the o'Nea1 case, said that no one Is to examine the evidence without reaching the conclusion that O'Neal was punished knowingly and unlawfully.
 MT. Powers concluded at o'clock, and was immediately followed by Mir. Higgins, who made the first address in defense of Judge Swayne.
 Mir. Higgins quoted at length the res- olutions adopted by the Florida Leg islature in 1903, demanding the im- peachment of Judge Swayne and said that of all the charges made in them none were left except those relating to residence and the contempt cases Tak- ing up the first, the contempt matters, he said that in the Belden-Davis case, Judge Swayne had been actuated to do what he did by the conduct of the attorneys. He contended for the juris- diction of Judge swayne in the O'NeaI case and said that there was complete lack of malice in Judge Swayne's re- port. He explained the Judges ab- sence from his court as due largely to calls on him to preside in other States.
 Final Adjournment.
 When at 4:50 D. m. Mir. Higgins con- cluded and Mfr. Thurston was about to proceed. Mfr. Fairbanks moved the ad- iournment of the trial until tomorrow at 10 o'clock. and the motion prevailed.
 This was done to afford the Senate an opportunity to return to considera-