The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-02-26
MORGAN DID NOT
BLOCK THE WAY
ConfeTees Appointed on the State
hood Bill.
ARGUMENT IN SWAYNE CASE
SENATE WILL DECIDE THE MAT
TER MONDAY.

Washington. Feb. 25.-In the few
minutes allowed for legislation before
the beginning of the Swayne impeach-
ment trial the senate today made
amends for the delay yesterday in the
matter of appointment of conferees on
the joint statehood and Panama canal
civil bills.
Mr. Morgan made no further OPPOSE
ton to the announcement of the con-
Ierees on the statehood bill, and while
he declined to serve in the Panama
canal conference, he did not seek to
postpone action on the request of the
house for a conference Consequently
III the ten minutes between the con-
vening of the senate at $50 and the
beginning of the Impeachment case.
10th committees were filed by the
chair.
Immediately after converting the
, chair announced the appointment of
MeSSrs- kittredge, Willard and Morgan
as conferees on the canal bill. Mr..
Morgan promptly declined. saying that
ms advocacy of the house provision re-
6arding the canal commissioners was
such that he could not undertake to
represent the position of the senate.
He was excused and Mr.. German ap-
pointed in his stead.
Morgan's Statement.
The statehood bill being laid before
the senate Mr.. Morgan said:
yesterday 1 took the floor al an en-
barrassing time and under what were
10 me embarrassing circumstances.
had supposed that those who had sup
ported the house bill were TO continue
their opposition at the time, but l had
not been long speaking when I found
myself in senni-antasopism TO my
friends.
Il had expressed my views on the
constitutional features of the bill when
II was before the senate. but had not
had any opportunity to discuss its suf-
frage features.
on that point, and having done so.
shall not proceed further"
Mr.. Morgan scarcely ceased speaking
when the chair made his announce
ment of conferees on the statehood
bill. designating Messrs. BeveridSe,
Nelson and Bate.
Thurston's EIoquence.
At 10 o'clock the impeachment was
resumed. and as soon as a quorum
could be secured, Mr.. Thurston began
his argument in Judge Swayne's be-
half Early as was the hour, the gal
lerles were well filled, and Mr.. Thurs
ton received close attention.
i stand here" he said. in beginning
his address, Ito raise the last voice
ever to be heard between this time and
the time when the Judgment of God
shall be pronounced in support of the
personal honor and the official inteE-
rity of Charles Swayne, the respondent
At this barr
Mr. ThurstOn cOntended that a judge
cannot be imDedched for a crime
against a state law disconnected with
| lis official duties and referring to the
first seven articles of impeachment he
declared that in ordinary court they
| would be barred by statutes of limita-
ton and must be here.
Referring to charge of using private
cars he said
There are reason why the mantle
of charity should be drawn about
transactions of that kind by public
men,
Judge Swayne's Residence.
On the point of residence. Mr. Thurs
! ton said that If Judge Sw7ayne did not
make his home at Pensacola, he had
no home anywhere. He eDlained his
| prolonged and frequent absences by
/ saying that for $50 to 200 days each
| year the judge was engaged in hold
| ing court in other states. He traced
! the present prosecution to the Davis
Belden contempt case, declaring that
! a conspiracy to depose the judge had
/ grown out of it and extended until it
reached its present stage He juSti-
! ned the punishment in the Belden-Da-
/ VS. case anu III the ~ Neal case
| With an appeal for vindication and
acGuittal. Mr. Thurston closed at 12:4O
| D. m, after speaking two hours and
| a half.
Closing Argument.
Manager De Almond concluded the
| argument for the prosecution following
Mr. Thurston- Taking up the BeIden-
\ Davis contempt case. Mr.. De Almond
! declared that Judge Swayne's court
\ had been in contempt and defiance
+ alike of law and of human rights. He
; referred to the charge of nOn-residence
/ saying that while there was no legal
/ requirement for the respondent as an
/ individual 70 remain in the district,
! it was incumbent upon him under the
/ law to abandon his Office If he did not
/ live in the district. He commended that
I il was competent to impeach "A judge
/ for crime. whether committed in con-
! nection with Official acts of not He
( declared that the taking of more money
I for expenses than was expended was
nothing less than larceny.
| Mr. De Almond asserted that Judge
/ Swayne should have excused himself
| from sitting in the Florida Mcclure
| case. out of which the contempt cases
| grew. because, even if he was not the
! owner of any of the land involved, he
! had passed favorably upon the title
/ with a view to purcha sing. He said
that "a failure TO bring IN a verdict
! for Impeachment would be to give Ii
! cense to weak and lawleSs judges, and
/ in conclusion made a plea for convic
ton in justice to the people Of Judge
SWayne's district
Secret Session.
Mr.. De Almond closed at 2:20. and
Immediately afterwards. on motion of
Mr. Fairbanks. the doors were closed
/ in order that the senate might proceed
with its deliberations in the case.
The secret session was devoted en-
tirely to the discussion of a resolution
I presented by Mr.. Bacon fixing the
! order OF voting or the articles of i'm
] parchment in the Swayne case. The
/ rules require that the years and nays
/ shall be taken on each article of inn
/ parchment separately and that two
( thirds shall be necessary to convict.
Mr.. Bacon's resolution is as follows:
That on Monday next, Feb. 81. at 10