The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-01-22
JUDGE PARDEE'S LETTER
ON THE SWAYNE MATTER

/ uOn laws. The election frauds had
been so numerous and so many people
we're involved therein that these pros
eeutions engendered an intense feel
ing against the Judge and all the Off
GERS of the court; particularly was ths
Judge singled out as the prime mover
The feeling was so intense that know
from information received at the time
that Judge Swayne's friends regarded
IL as extremely hazardous for him Jo
travel about his district. On one oc
casion on which / went TO Pensacola
to sit in. the circuit court l found thal
Judge Swayne had not arrived on
time, but, through the agency of his
friends, had Travelled up through
Georgia in a roundabout course &c
come to Pensacola to avoid travelling
on the direct road, where it was fear
ed he would be insulted. if not worse
treated Anyhow, the matter resulted
in Judge Swayne from that time on
being persona non grata with the dem.
ocrats in Florida; and / think that
those political troubles. accompanied
by a certain lack of tact in dealing
with hostile lawyers, is the true cause
OF Judge Swayne's present diff
culties. Following this unpopularity,
Judge Swaynes district was changed
largely for the purpose of Furnishing
him. The change of the district re-
suited in his being, as it were, legis-
lated out of his district. He had es-
tablished a residence in ST Augustine
and was there living with his family,
consisting of a wife and four or five
children. After his district was chang
ed, in order to comply with the alleg-
ed spirit of section SOL Of the revised
statutes, il became necessary for him
to dispose Of his residence in st. Au-
justine and acquire and move to a
residence in the western part of the
state. In this respect / am informed
that he at once declared a residence
and dOmicile. in the western part of
the state, and followed that up with
more or less activity by acquiring a
house and other things, all taking four
or five years. understand that nom
residence in the district, as changed
by law, is the main ground of his pro-
posed Impeachment. Section SOL
reads as follows:
"A district judge shall be appointed
for each district, except in the cases
hereinafter provided. Every judge
shall reside in the district for which
he is appointed, and for offending
against this provision shall be deemed
guilty of a high misdemeanor."
There is no doubt that Judge Swayne
resided in the district for which he
was appointed. and, under the eircum-
stances, l think il would be an extra
ordinary hardship on Judge Swayne
10 hold him to a very rigid compli-
ance with the alleged spirit of section
551 by removing his residence. when
congress saw fit. as a matter Of pun
ishment, to change the limits of the
district for which he was appointed.
Exactly what proof he will be able to
make upon this line / am not fully al
Eised. but being satisfied, as / am,
that the original motive of the prose-
cution is based on political grounds,
and that his district limits were chang
ed to his prejudice, / do not think
that a republican house should vote
impeachment against him. About the
time also that the district was chang
ed a partisan legislature in the state
Of Florida passed resolutions calling
for Judge Swayne's impeachment on
the ground of absence from his dis
trict, incompetence and partisanship.
II is practically these resolutions,
passed about ten years ago, that now,
re-enacted by the legislature of the
state of Florida. are, as / understand.
considered as evidence against Judge
Swsyne by the house committee.
When Judge Swayne's district was
changed. it left him only the business
at Pensacola and Tallahassee; it was
very little and gave him a good deal
of spare time, resulting in his being
called to other parts of the circuit
more frequently, perhaps, than any
other Judge During every business
season Judge Swayne has been called
to hold court in other parts OF the
circuit, Alabama, Louisiana, Texas. |
and in the circuit court of Appeals, |
and the performance of this duty, in
with the laws of the Uni |
ted States, has resulted in his being
a good deal absent from his district |
and much of the absence complained /
Of by the legislature of the state and |
by interested parties can be explained |
On this ground.r The difficulties result |
ing from the trial and conviction of |
one OfNeal, who is charged with con-
tempt of court for having assaulted |
and dangerously wounded a trustee in |
(see O'Neal VS.. United |
States $50 United States. 36l, intensi-
fed feeling against Judge Swayne, and
al the time great complaint was made
that Judge Swayne was out of his dis
trict. while~then he was holding court /
In Texas on my designation, at the /
Of the attorney general, /
and was engaged in trying some very
important national bank cases in which |
The local Judge was excused.
have been thrown a good deal
with Judge Swayne in the trial Of
cases. and think the charge Of in
is an outrage. He has
a good legal mind and is instructed |
IN law, and | am satisfied he is fully /
as competent as the average United /
States Judge. One particular charge
[ notice made against him is that in
yearly all the appeals from his de-
,isions to the circuit court of appeals
he has been reFersed-only affirmed /
IN about % per cent. have had some
examination made of the records OF
his court of appeals, and | find that
put of siXty-eight cases appealed from
Judge Swayne's decisions. twenty
eight were reversed and the balance
lfirmed-in other words. about Al per