The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-11
Articles of Impeachment
Drawn Up.
THEY NUMBER twelve
Among Them is One Charging Him
With Obtaining Money Under False
Pretenses and Another For I'M
prisoning a Man Under the
Spur of Malice.
CBy the Associated Press.)

(By the Associated Press.)
Washington, Jan. 10.-The select
committee of the House appointed 10
draft articles of impeachment against
Federal Judge Swayne. today complet>
ed its work by the preparation of
twelve articles of impeachment. They
embrace obtaining money by false pre-
tense: using the property of a bank
rupt corporation in the hands of Il
receiver appointed by himself ana
without making compensation to the
company disobeying the law requiring
him TO i've in his district; 'unlaw-
fully and maliciously' fining and i'm
prsoning F.. T. Davis and Simon Bet-
den, attorneys at law, for ALLEGED con-
tempt of the Circuit Court of the
United States: unlawfully committing
to prison w. c. O'Neal on the charge
that he had committed contempt of
the District Court of the United States.
A minority report signed by Reore-
SentativeS Littlefield of Maine and
Parker, of New Jersey. dissents to all
the articles of Impeachment except
that pertaining to the Justification of
the expense account of Judge Swayne.
Representative Gillett. of California,
also signs this report with a note that
Impeachment.
The first article as formulated b..
the majority declares that Judge
Charles Swayne on April 20. 1897, at
Waco. Texas. presented a false claim
against the government in the sum of
$3.50, knowing the claim to be false.
The copy of the certificate made by
Swayne is given, in which he says that
for % days my reasonable expenses
were $3.50" On this account he is
charged with d high crime and mis-
demeanor.
Article relates to the charges of
SO day while al Tyler, Texas. when
his expenses were less and alleges that
he obtained money from the govern
ment by false pretenS.
.Artici 3 contains similar charges.
but cites another occasion.
Article 4 charges Judge SWayne
with apDropriating to his own us"
without. compensation to the owner.
of caI. belonging to the Jacksonville
Tampa and Key West Railroad Com
pany to transport himself. family and
friends from ruvencourt, Del. to
Jacksonville Fla. the railroad at the
time being in the hands of a receiver
appointed by SWayne, and that as
judge allowed the credit claimed by
the receiver on account of necessary
expense in operating the road. Where
fore Judre Swayne is charged with an
abuse of official power and high
misdemeanor.
" 1VpdWbdatD Ara
Article ) charges that he appro-
priated TO his own use the same car
for a trip to Calfo MIA and the same
allegation against him is made.
Article & charges that Judge SWayne
did not acquire residence in the
northern district of Florida as proVid-
ed by the statutes, saying he totally
disregarded his duty. And WilfuliY
and knowingly violated the law. and
is guilty of high misdemeanOr.
Article alleges nonresidence and
carries the period of non-residence
from July 23rd. 1894 to January nst.
1903, a period of bout nine years. and
alleges Il violation of law and misde-
meanor.
Article s charges that ''on the 18th
day of November. 1901. at the city of
Pensacola. in the county of EsCamDla,
in the State Of Florida, he did maliC-
iously and unlaWfully adjudgc guilty
of contempt OF court and impose
fine of $10G upon and commit to prIS-
on for Il period of ten days Il. L.
Davis. an attorney and counsellor at
law, for an alleged contempt OF the
Circuit Court Of the United States and,
lis guilty of an abuse of judicial pow
er and of q high misdemcanor in Of
fee"
Article 9 is the same as Article 8.
except that the words knowingly and
unlaWfully'' are used to characterize
his act in fining and impriScning Mr..
Davis
Article 20 is the same as Article
except that it relates to Simeon Bel
don instead of Z. T. Davis and Article
II is the same as Article s, except that
it relates to Belden instead of Davis.
The last articles alleges an abuse OF
judicial power in that he committed
w. G. ,O'Neai to prison for sixty days,
for an alleged contempt of the District
Court at Pensacola. December 9. 1902.
Which the committee holds TO conSti-
tute high miSdemeanor in office.
In conclusion the report recitcs:
And the House of Representative
by proteStation, saving to themselves
the liberty of exhibiting at any time
hereafter. any further articles Of ac
or imDeachment against the
said Charles Swayne. judge of t1c
United States for the northern dis
trict Of Florida and also of replying to
his answer which he shall make, under
the articles herein preferred against
him. and of Offering proof of the Same
and every part thereof, and TO all anG
every other article or accusation o"
Impeachment which shall be eXui1it-
ed by them as the case shall require,
do demand that the said Charles
SWayne may be put to answer the
high crimes and fisdemeanors IN
office herein charged against him, and
that such proceedings, examinations,
y. Continued OH Page Six.)