Daily press. [volume] (Newport News, Va.) 1896-current, 1905-01-11
which committee holds to constitute
Il high misremeanor.
Formal Trial is Asked.

which committee holds to constitute
Il high misremeanor
Formal Trial is Asked.
In conclusion the report rccitcs "anl
the house Of representatives by pro
t2staticn, saving to themselves the
Liberty OF exhibiting at any time hero
:f'er. any further articles of accuse.
ton OF impeachment against the Sail
Charles Swaync. judge OF the United
States for the northern district Of
Florida and also Of replying to his
answers which he Shall make. under
the ar iclos herein preferred against
him and Offering proof OF the same
AMI every part thereof and to all and
>:r:'' ether article or accusation or
Impeachment, which shall lie exhibited
by them as the case shall require, de-
demand that the said Charles Swayne
may be PIT to answer the high crimes
and misdemeannrs in office herein
charged against him and that such pro
cecdinss. examinations. trials anil
judgements may bc thereupcn had and
given as may be agreeable to law and
justice
Dissenting Views.
Represenaive Littletield and Parker
in dissenting from the report Of the
committee say: The House must es-
tablish the truth OF these articles by
competent testimony beyond reason
able doubt
The only articles which. in our
Judgement the record as it now stands
would sustain. are based upon the Ger
tihcates Of expenses AS to these it
was claimed in the hearing, that other
judges have construed the law as it
was construed by Judge Swayne and
evidence was offered to establish the
claim and was excluded
Contempt Of Court.
We dissent from all the other ar
ticles and especially as to those
based upon the contempt proceedings
in the Davis, Belden and O'Neal cases.
These cases clearly involved wilfuI and
marked contempt of court and de
manded exemplary and summary pun
ishment from any sef-respecting court,
The charges as to non-residence is not
supported by such evidence as warrants
the adoption of articles in that regard
The use Of the private car, which is
the proper subject OF severe criticism,
taking into account the fact that there
is no intimation or claim that any case
or Judicial act was influenced thereby
or attempted to be influenced thereby,
is not of such gravity as to justify i'm
pea hmentTp Eoc GediHgs Therefor 81.
Old offenses Raked Oyer.
The car incident occurred more
than ten years ago and the non-resi-
dence question has existed for more
than four years. No statute Of limita-
tons can apply, but the great pro-
ceeding of Impeachment is not to be
used as to stale charges not affecting
the moral character or fitness of the
officer to perform his duty
Gilett's Views.
Representative Gillett submitted the
following views:
Il concur in all that is said In the
foregoing views OF the minority ex-
cept as to the certificates for OK
penses. At the hearing before the
committee. Judge swayne offered to
the custom and practice of the Federal
Judges in making certificates for their
reasonable expenses for travel and at
tendance when holding court out Of
their own districts. the purpose being
to show judicial construction of the
statute under which these expenses
were allowed - While the
record is silent upon all these qnes-
tons for the reason above stated, still
| it appears from official records. some
| OF which have been furnished to me by
the treasury department. that Il ma
jority OF the district and circuit judges
! in FIVE circuits, selected at random
make out certificates for $40 day in
| two OF these districts. Every Judge
made out such certificates
The Practice General.
Il am inclined to believe that where
a practice has been SO general. these
Judges acted in good faith, with an
honest belief that a fair construction
| of the statutes gave them $40 a day
as an allowance for travel and at
tendance while attending court out Of
their districts and I also feel that this
House would with great reluctance
pass a resolution mpeaching them all
and il not all, why one? On this ar
| ticlc my mind is not satisfied beyond
a reasonable doubt that Judge Swayne,
in following a practice SO we'll estab-
lished by so many honorable men. com
mitted a criminal offense for which he
should either DE prosecuted or i'm
peached. and giving him the benefit of
| this doubt can't consent to any i'm
lpeachment on that ground"
FELLED OFFICER WITH AXE.
satf- Q