The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-13
THE SWAYNE IMPEACHMENT.
MR.. PALMER CALLS UP THE An
TICLES IN THE HOUSE.
Mr. Lttlcneid stlrs Up the Members by
Reading an Interview With Lamar
OF Florida I'm Which He Intimat cd
That swayne Might he Assasslnated

| That swayne Might BE Assasslnated
! WASHINGTON. Jan. l2-Judge Swayne's
! impeachment case to-day reached the stage
of discussion in the House of Representa-
tives upon the merits of the charges made
against him by the special committee APP
pointed to formulate them and the facts
| upon which they are based.
| According to the notice he gave on Tues
/ day, Mr.. Palmer (Rep, Pa, after the
reading Of the journal to-day, called up the
articles OF impeachment against Charles
Swayne, Judge Of the Federal Court for
the Northern District OF Florida. proposed
by the Committee on the Judiciary, and
they were read IN extenso at the clerks
desk
Mr. Palmer reiterated the history Of the
proceedings in tle case Subsequent 20 the
adoption OF the resolution reported by the
I Committee on the Judiciary declaring that
Judge Swayne should be impeached for high
crimes and misdemeanors.
Discussing the case presented by the
special committee. Mr.. Palmer SAID the first
question was: For what offences may
Judge be impeached?"
In all cases that had been brought to the
attention of the Senate the accused Judge
had made the defence that he could be i'm
peached only for such offences as were in
dictable. That defence had never awaited
The record showed that impeachment was
authorized and justified for moral turpi-
tude, or any condition. physical or mental.
which prevented a Judge from properly
exercising the function of his office.
The five points made against Judge
Swayne by Mr. Palmer were these:
First-That he had no legal residence
within his district.
Second and third That he imposed un-
lawful punishment upon attorneys in his
court for alleged contempt; also, upon a
bank president for assault upon an officer
Of the court.
Fourth-That he unlawfuliy used the
property Of a bankrupt railroad corpora
ton under the control Of his court without
making compensation therefor.
Fifth-1hat he made false certificates
regarding the cost of travelling expenses
while holding court outside his district.
Discussing the contempt charges Palmer
said with vehemence:
The track of this man from the time he
became Judge down 10 the present day IL
spread all over with bankruptcies. scandals
and suicides. l don't believe he has a
friend in he Northern District Of Florida.
Not a poll deal friend, for the strongest
witnesses gainst him are the members Of
his own political party
Mr. Cochran dem, n. ", speaking OF
Judge Swayne's remark: These men are
a stencil in the nostrils Of the community,
suggested that the Judge meant the CON
to which Mr.. Gaines Dem, Tenn con-
temptuously responded: "Oh, you can't
separate a polecat from his smell.
Answering a question by Mr.. Lacey, Mr.
Palmer said he did not believe any Judge
in the land, aside from Judge Swayne, had
made practice of drawing from the Treas
ury $40 a day for expenses regardless Of
the amount spent That report, he said,
1is a sander and a libel upon the judiciary
OF the country.
NJ D,1 frl -
he said at the time the original resolutions
were agreed to, that If he were Judge
Swayne or one Of his friends he would be
instant in season and out Of season in urging
a speedy trial before the only body that has
power 10 determine the matter.
Mr.. l4ittleteld tkep., slel followed and
succeeded in stirring up The members Of
the House over an interview IN the At 1
lanta Constellation, last April. with Mr.
Lamar Dem, Fia.1, who introduced the
original impeachment resolutions In that
interview Lamar was quoted IA saying
that unleas Congress- should give the peo-
pie Of Florida relief from Judge Swayne
his life would be in danger.
Mr. Littefeld said he read IL that Lamar
might repudlate H. for, in his opinion, the
statements reflected upon Lamar as a
gentleman and an honorable member OF
the House
Responding at some length and with
much feeling, and amid numerous inter-
IuDIlOnHs VT. l4hllldI NOA4ItNtQ lie SUD
stantial accuracy OF the report, but denied
that he had intended 20 convey the idea
that Judge Swayne's life was in danger
Il told the reporter continued Mr.. Lamar,
that If the proceedings eliminated in
nothing IL would be because the House Of
Representatives did not understand the
conditions in Florida and Judge Swayne's
relation 70 the people as ! understood them;
that looked upon him as utterly corrupt
and tyrannical, the most lawless man In
Florida. | stated; and ! repeat il upon this
floor. and | intended 10 repeat II in my
speech on the merits OF this case, that II
nothing appealed 10 Judge Swayne, neither
Law nor humanity in his own lawless career,
then | would point out the fact that his
arbitrary and tyrannical acts might cause
some personal violence from some i'll or
dered or some vengefu brain who had suf-
Tered at his hands. j repeat that state
ment.
Il grieve and profoundly regret, said Mr.
IAttlefeld, that any man should Justify
assassination or use language that tended TO
incite to murder.
This brought Mr.. lamar 10 his feet with
an indignant Reputation Of the construc-
ton put upon his language by the gentle
man from Maine.
Mr.. Mttlefeld called attention to the
fact thai when the Committee on the judi