The Montgomery advertiser., 1905-01-11
AGAINST SWAYNE
TWELVE ARTICLES IN IMPEACH-
 MENT PAPERS.
New Florida Judgc Is Accused of High Crimes and Misdemeanors in the
 Conduct of His Office,

committee appointed to draft articles of impeachment against Federal Judge Swayne. today completed its work by the preparation of twelve articles of Impeachment. They embrace obtain- ing money by false pretenses, using the property of a bankrupt corporation in the hands of a receiver appointed by himself and without making compensa- tion to the company; for disobeying the law requiring him to live in his district. for 'unlawfully and malicious ly" fining and imprisoning E. T. Davis and Simon Belden. attorneys at law, for alleged contempt of the circuit court of the United States, for "unlaw- fully committing to prison W. o'Neil." on the charge that he had committed contempt on the district court of the United States.
 The first article as formulated by the majority. declares that Judge Swayne April 20, 1902, at Waco, Tex. presented a false claim against the government for $230, knowing 1t to be false. The copy of the certificate made by Swayne Is given in which ne says that for sixty-three days my reasonable expenses were s230." On this account he is charged with high crime and misdemeanor.
 Article 2 relates to charges of s1O Q day while at Tyler, Texas, when hIs expenses were less, and alleges that he obtained money from the govern ment by false pretenses.
 Article contains similar charges but cites another occasion.
 Article 4 charges Judge swayne with appropriating to his own use, without compensation to the owner, a car be- longing to the Jacksonville, Tampa and
 Key West Railroad Company, to trans port himself, family and friends from Guyencourt, Delaware, to Jacksonville.
 Fla, the railroad at that time being in the hands of a receiver appointed by Swayne and that as Judge he al- lowed the credit claimed by the re- eeiver on account of necessary expense in operating the road. Judge Swayne Is also charged with an abuse of off, cial power and high misdemeanor.
 Article charges that he appropri- ated to his own use the same car for trip to California and a like allega- tion to article 4 against him is made.
 Article 6 charges that Judge Swayne did not acquire a residence in the Northern District of Florida as provid- ed by the statutes. saying He totally dlsregarded his duty" and wilfully and knowingly violated the law and Is gull ty of high misdemeanor.
 Article z alleges non non-residence and carries the period of non-residence from July 23, 1894, to January 1, 1903, a period of about nine years. and alleges a violation of law and misdemeanor.
 Article charges that "On the twelfth day of November. 1901, at the city of Pensacola, in the County of Es- cambia. In the State of Florida. he did maliciously and unlawfulIy adjudged guilty of contempt of court and impose a fine of $70O upon and commit to pris- on for a period of ten days, E. T. Davis, an attorney and counsellor at law, for an alleged contempt of the Circuit Court of the United States" and in said matter 'is guilty of an abuse of judi cial power and a high misdemeanor in office.
 Article 9 is the same as Article 8, ex- cept that the words knowing and un- lawfully" are used to characterize his act in fining and imprisoning MT. Davis.
 Articles 10 and II are the same as Articles 8 and g. except that they relate to Simeon Belden instead of E. T. Davis.
 The last articles allege an abuse of judicial power In that he committed w. .. O'Neal to prison for sixty days for an alleged contempt of the District Court at Pensacola, December g, 1902, which the committee holds to consti- ute a high misdemeanor in office.
 In conclusion the report recites:
 And the House of Representatives oy protestation saying to themselves he liberty of exhibiting at any time hereafter any further articles of accu- jation or impeachment against the said Charles Swayne, Judge of the United ,tate Court for the Northern District # Florida. and also of replying to his answers which he shall make under he articles herein preferred against | Jim and offering proof of the same and l very part thereof and to all and every 'ther article or accusation or impeach- | nent which shall be exhibited by them | .s the case shall require, do demand | hat the said Charles Swayne may be | present to answer the high crimes and | in office herein charged | against him, and that such proceed | ngs, examinations, trials and judg- | nents may be thereupon had and given | IS may be agreeable to law and jus ice"
 Representatives Littleheld and Par | Ter, in dissenting from the report of | he committee, say;
 'The House must establish the truth | # these articles by competent testi- nony beyond reasonable doubt.
 The only articles which. in our judgment the record as 1t now stands | would sustain, are based upon the cer- ificates of expenses. As to these 1t | vas claimed in the hearing that other | udges have construed the law as it was construed by Judge Swayne and evi- | fence was offered to establish the claim | md was excluded.
 we dissent from all the. other | .rticles and especially as to those | based upon the contempt proceedings | n the Davis. Belden and O'Neal cases. | These cases clearly involved marked | contempt of court and would demand | ,xemplary punishment from any self | expecting court. The charge as to | ,on-residence is not supported by such | ,vIdence as warrants the adoption of | ,rticIes in that regard. '
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