New-York tribune., 1905-01-06
CLASH OVER SWAYNE CASE
FIGHT IN HOUSE LIKELY.
Impeachment Committee IN a Hope
less Saarl and Senate PuzSLed.
IFRoM 20 rRIBuNE RuREAI,. !

Washing on. Jan 5-One of the sharpest ora
torical contests the House has ha6 for many years
Is expected when the special committee to which
has been confded the preparation of articles OF i'm
peachment against Judge Charles Swayne, of the
United States District Court of Florida makes its
reports. Although the seven members of that COM
mittee have been gravely considering the subject
throvHAput the holiday recess they tonight
nearer unanimous agreement than when Congress
adjourned before Christmas, and the "scrimmage'
on the floor Of the House will doubtless be
hearsed small scale tomorrow evening. when
the committee IS to meet at the home of Repre-
sentative Parker for what promises to be q futile
effort 10 get together
According agreement reached before the
holidays the members of the committee have each
prepared. in writing. their respective views the
grounds for impeachment and informal poll
made by member of the Tribune Bureau to-day
shows that Of them has changed a hairs
breadth from his original position. outlined ex-
clusively in these dispatches Of December Is.
: variety Of opinions is entertained by the men,
bers of the committee concerning the charge or
charges which should be embodied in the articles
of Impeachment. that the final decision will have
TO be rendered by the entire House after more or
less strenuous debate
TWO REPORTS; A BAD SPLIT POLITICALLY.
That two reports will be submitted is inevitable
The majority report will signed by four members
and the minority report by three The committee
is composed Of five Republicans and two Demo
Gratis Representatives Iittleheld. Gillet. of Cali
fornia and Parker, comprising three-hfths of the
Republican membership will oppose Impeachment
any charge other than that OF falsely certifying
expense accounts at the rate OF so day. Repre-
sentatives Powers. of Massachusetts. and Palmer.
Of Pennsylvania. constituting two-ffths OF the Re-
publican membership Of the committee will unite
with the Democratic members. Clayton and
De Armond and recommend the Impeachment OF
Judge swayne on the following charges: False ex-
pense certihcation; nor-residence in his district;
unlawful personal of railroad while in the
hands Of a receiver appointed by him; the O'Neiu
contempt case; the Belden and Navy contempt
case. which will be Incorporated il one count be-
cause the offences were committed at the same
time
While the political ahliation of the accused judge
will have bearing the final action of the
House, which. it may be assumed will be based
absolutely on the equity and justice Of the case.
much interest is manifested over the party division
of the lower chamber when the majority and MI
nority reports are submitted a vote Senators
and members speculating as to whether
the three to two division of the Republican
bers Of the committee will be duplicated in the
House and if so. what effect it will have on the
final action 1t is generally conceded that the Dem
ocrats will vote soidly for impeachment on the hve
charges thus supporting the majority report but
many Of the abest lawyers the Republican side
of the House believe that the evidence fails to
justify the impeachment of Judge Swayne for his
acts OF omission and commission the bench.
They will vigorously oppose his arTaignment before
the bar of the Senate more than the one article
Of false certtfcat ton.
It is certain. in any event. that the introduction
OF the committee reports Will start bitter and
protracted fight on the floor of the House.
SENATE PONDERING OVER THE CASE
While the Senate is not in q position 70 take any
action with regard to the impeachment proceed
ings, the precedents being looked up
records ransacked 10 ascertain just what will De
the duty of the Senate when the case comes up
from the House.
There has been considerable discussion regard
ing the possibility Of permitting the case TO go
until another Congress. and the mooted point
is yet settled. although il served to-day
bring to light interesting document This
a manuscript report of the chairman of the Senate
Committee judiciary. made In 1902 with refer
ence to the impeachment proceedings against Judge
Pickering. of the District Court OF the United
im1escbed JuSSe F4clterin before The senate Tbs
taken, and in the following October a resolution
any. action should he taken by the senate In
the premises. The reply TO this resolution was
report made by the chairman of the Committee
on Judiciary in which he stated that in fact
thereswas no impeachment case before the Senate
Lha5 4sho4gh tne WorG$ We fhnReacH 41 mao e oeen
the Senate informed of the proposed action
he repa-ded as s'of greater import than a notice
Of an eyent proposed bv the House and the case
would not be before the Senate until articles OF
uaTy 1855 the House OF the 7th congress suo-
nitted articles of irpea achment and judge Picker
Ing was forthwith inpeached.
In the light of this precedent it is argued that
nothing has thus far occurred which would render
il impossible for further proceedings against Judge
Swayne to he postponed until next winter although
that once the articles OF impeachment pre-
sented 70 the Senate the case must be dspGsed OF
the Senate rules provide thai The case shall 6e
lowing such presentation and shall be considered
continuously from day 70 day sundays excepted,
until disposed Of unless otherwise ordered ~ the
Senate