The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-11

Judge as aforesaid and while in the exer
else of his office Of Judge of the Unite,
States. to wit, while performing the dutie
| OF Judge Of the Circuit Court thereof
heretofore. 20 wit, on the 18th day OF No
vember A. ID. 1901 at the city OF Pensa
cola, IN the county of Escamba, in tn
State Of Florida, did malioiously and un
lawfully adjudge guilty of contempt o
court and impose a fine Of 500 upon anC
commit 20 prison for period Of ten day
r. II. Davis, an attorney and counsellor
at-law, for an alleged contempt of thu
circuit Court Of the United States.
Wherefore. the said Charles Swayne
Judge as aforesaid, misbehaved in his Office
OF Judge, and was and is guilty Of an abuse
OF judicial power and Of a high misdemeanoi
in Office.
Article is the same as article s, except
that the words knowingly and unlawfully
are used to characterize his act in fining
and lmpri soning Mr.. Davis.
Article 10 is the same as article 8. EXCEPT
that IT relates to Simeon Beden instead
of +. T, Davis. and article IL is the same
as article o. except that it relates to Belden
instead OF Davis
Article ~ alleges an abuse OF judicial
power in that he committed W. c. O'Neal
tempt OF the District Court at Pensacola
Dec 0, 1902, which commitment the COM
mittee holds 70 constitute 4 high nisde-
meanor in office
In conclusion the report recites.
And the House OF Representatives, by
protestation saving TO themselves the lib
erty of exhibiting at any time hereafter any
further articles OF accusation or impeach-
mont against the said Charles Swayne,
Judge Of the United States for the North ern
District of Florida, and also OF replying to
his answers 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 and every other
article or accusation or impea ohment which
shall be exhibited by them as the Gaze shall
require. do demand that the said Charles
Swayne may be put TO answer the high
crimes and misdemeanors in Office herein
charged against him and that such pro-
ceeding, examinations, trials and judg-
ments may be thereupon had and given as
may be agreeable to law and justice.
Views were submitted By Representa-
tives Parker and Littleneld. who believe
the facts brought out with respect to the
certificates of expense constitute an i'm
pea chable offence. and Mr. Gillette. who
non-conours because Judge Swayne was de-
MED the opportunity OF proving that the
collection Of $40 per diem is customary.
Messrs Littlefeld and Parker in their
views say:
We dissent from all the other articles
and especially as 10 those based upon the
contempt proceedings in the Davis, Belden
and O'Neal cases These cases clearly
involve wilful and marked contempt of
court and demanded exemplary and sum
mary punishment from any self-respecting
court The charge as to non-residence
is not supported by such evidence war
rants the adoption Of articles in that regard.
The use of the private car, which is the
proper subject OF adverse criticism, taking
into account the fact that there is no in
timation or claim that any judicial act
was Influenced thereby or attempted TO be
influenced thereby. is not OF such gravity
as to justify Impeachment proceedings
therefor. The car incident occurred more
than ten years ago and the non-residence
question has existed for more than four
years. No statute of limitation can apply
but the great proceeding of impeachment
is not TO be used as 20 stale charges not
affecting the moral character or fitness of
the officer 10 perform his duty
Representative Gillette said:
L concur IN all that Is said in the fore
going views Of the minority, except as to
the certificate for expenses. At the hear
ing before the committee Judge Swayne
offered to prove the custom and practice
of the Federal Judges in making certificates
for their reasonable expenses for travel
and attendance when holding court out of
their own districts the purpose being to
show judicial construction OF the statute
under which these expenses we're allowed.
This offer was denied by the committee
and all inquiry on this subject shut off.
Therefore for this reason the record is
silent upon matters which in my judgment
should have been submitted to the con-
sideration OF the House