The Birmingham age-herald., 1905-01-28
Counsel Represented Him Be-
 fore Senate Tribunal
HAS A WEEK TO GET READY
Attorneys Agree to Fixing of February 5 as Date for Return of Demurrer to Charges Brought
 Agalnot Him.


 counsel consisting of former United States Senators Anthony Higgins and John M. Thurston, Judge Swayne today appeared in the Senate to make answer to the summons in connection with the im- peachment proceedings against him as l judge of the United States court for the Northern district of Florida. They ob- tained a week to complete the response and the time for the beginning of the real trial was fixed at February 10. The gall leries were crowded, and large number of members of the House were present in the Senate chamber.
 1 The discussion of the statehood bill WAS then resumed and Messrs. Gallinger Bailey and Stewart spoke on the Gallin- ger prohibition amendment concerning the sale of liquor in the Indian Territory.
 At l o'clock when the trial of Judge Swayne was continued much interest was manifested. There was an exceptional at tendance of senators and the vacant spaces in the Senate chamber were all oc- cupied by members of the House. The gall | leries were crowded.
 Silence Is Commanded. Before Judge Swaynes couI 5el appeared | MT. Platt took his seat in the chalr or 1 the presiding officer and the sergeant-at- arms again commanded silence Aon pam 1 of imprisonment"
 A resolution notifying the House of the 1 Senates being ready to proceed with the trial was adopted.
 1 The return made by Sergeant-at-Arms | Ransdell on the summC hs upon Juuse 1 Swayne was then read, and after MT Ransdell was sworn as to the correctness of the return, he called for the appearance | of the respondent saying: Chafles Swayne, Charles Swayne, Charles Swayne, Judge of the strict court TOT the Northern district of Florida, appear and answer to the ar.icles of impeachmeht exhibited by the House of Representatives against you"
 but responded through his counsel ex- Senators Anthony Higgins and John M | Thurston
 MT. Higgins announced the presence or Judge Swayne in the city, but said that he desired to apepar by his counsel, who had his warrant for so doing.
 To Prepare Ills Answer
 MT. Thurston then moved to grant his client until February to prepare his answer, and the motion being formally presented by MT. Fairbanks, of the Senass special committee, 1t was adopted. An order fixing the time for proceeding with the trial caused some debate. Manager l Palmer named February 10 as the time for which witnesses should be summoned | and February 13 as the time for proceed ing with the trial.
 MT. Thurston expressed willingness, but said he would prefer to proceed on the 10th.
 MT. Bailey suggested the trial should proceed on February B. immediately af- ter receipt of Judge Swaynes answer. saying that unless this date be fixed there necessarily would be great haste, either in the trial or in the matter of examining He said the house managers are familiar with the facts in the case and moved to require the trial to proceed on the 3rd. ] MT. Spooner thought the proposed change would cause undue haste and Manager Palmer said that time would be necessary for the managers to prepare a replication or demurrer as the case might be and that this could not be done on the 3rd, especially as it would be neces- sary to present the reply to the house. Mir. Palmer added that the witnesses n the case are In Florida. Texas and Louisi- ana and that it would be physical im- possibility to have them in Washington by February 8.
 Mir. Bailey therupon withdrew his amendment and the order proposed by
 
 The trial proceedings then terminated for the day and the House managers and Judge Swayne's counsel withdrew to return February B. at 2:SO p. m.
 Statehood Bill Considered.
 Consideration of the point statehood bill was then resumed.
 MT. Gallinger addressing the Senate In support of his amendment prohibiting traffic in intoxicating liquor In the In- dian territory, saying the Indians them selves desired to be protected.
 MT Spooner expressed the opinion that ir admitting 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 offices and cede it to others.
 If, for instance. Congress could retain control of the sale of liquor 1t could retain 1t in case of burgalry
 "Or of bigamy or polygamy," suggested l Mir. Platt, Connecticut
 Yes" responded MT. Spooner and he added: Utah ought not to have been | admitte into the Union but once ad- mitted on an equality with other states Congress las no more power to deal with polygamy there than it has to deal with | burglary there.
 MT Gallinger admitted that the prohi- bition proposition haC it's difficulties but said he hoped some way would be found l or protecting the Indians against the irdiseriminate use of intoxicants.
 MT Bailey contended that under the l constitution no such discrimination was ! permissible. He expressed the opinion that the statehood bill would pass in some form.
 At 5:06 D. m., the Senate went into ex- ecutive session and adjourned seven min utes later.