The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1912-12-11
by THE EX-SENATOR.

Since the political agitation Of the ques-
ton OF the recall OF Judges or of judicial
decisions or OF both, I have often thought
OF the trial before the United States
Senate Of Judge Swayne. Of the North
| Crn Judicial District OF Florida, In whose
case I sat as a Judge. have been con-
WINGED that no Judge in Christendom,
however pure he might be. could receive
the fair trial at the common ballot box
that Judge Skayne received at the hands
OF the solemn court that tried him.
Now the Senate is about TO try Judge
Robert w. Archibald. OF the Eastern Dis
tr.ct OF PENNSYLVANIA. now a member OF
the Commerce Court. on somewhat anal
ogous charges. Again tho Swayne case
| is brought to my mind.
This is not intended as a reflection
either upon tho United States Senate or
the American people. Composed largely
OF lawyers. the Senate is more likely
than not TO give the judge the benefit Of
any doubt that may exist. 1t will hear
all the evidence and may be depended
upon to weigh it judcially. article by
artiCe-and there are thirteen of them,
covering about all the crimes and mis-
demeanOrs" of which a Judge could be
| guilty
An examination Of the charges reveals
the utter impracticabnity of referring
a case like this to a vote OF the people.
And yet the chances are that by pOpu-
lar ballot. Judge Robert W. Archibald
would be convicted on any one OF the
thirteen specifications in the indictment.
| In the Swayne case the charges were
that he had not resided within his dis
tr'ct in ten years: that he had made i'm
proper appointments OF court commits
| siOners; that he was partial toward a
certain attorney practiCing in his court;
| that he had imprisoned a man unjustly;
that he had cOrruptly administered bank
ruptcy cases. driving one litigant TO sui
| eide: that he had purchased a house while
! the prOperty-was in litigation in his own
court; that he was ignorant and incom-
petent. having charged a jury diamet-
REALLY in conflict with theories of the
law; that he had neglected to appear at
stated terms of court: that he had bor-
rowed money from litigants and attOr-
news having cases pending before him;
that he had discharged persons convicted
| Of crime: that he had used a private car
belonging to a railroad company then in
the hands OF a receiver whom he had ap
| pointed.
On these charges. as a whole, Judge
Swayne was impeached by the House Of
| Representatives. On the charges, as
whole, he was acquitted by the Senate.
The proceedings ran through many ses-
sions Eminent counsel were employed
and Judge Swayne came out of it worse
off than any bankrupt.
NV impressions of the matter at the
time were that the judge, having be-
come somewhat careless in the perform
ance of his duties. and owing to his being
possessed of a resentful disposition-the
effect no doubt, of the hectoring tao
tics of a few enemies-in a measure he
had invited the attacks. This was not
a unique experience for judge.
1t is doubtful If Judge Swayne would
have escaped on a single charge had the
question been submitted to the people
of the. district in which he had presided.
1t is not too much to assume that his
enemies, in order to vent their spleen
and to get rid of him, would have en-
tered upon vigorous campaign, in
which each charge would have been
magnlied tenfOld. BY what means could
a man overcome the effects OF such
a campaign?
1t is a question, too, We're Judge
Swayne being tried now on the articles
of irnpeachment presented nine years
ago. in the atmosphere of political ex-
pedIencv Of these times, whether he
would fare as well as he did then.
Speaker Clark will find some conso-
Iation when he takes toll Of the number
of his eminent predecessors who also
aspired to the Presidency. But one of
them reached the coveted goal, and
James X. Polk waited six years after
laying down the gavel before he moved
into the White House.
While for some reason the Speaker
ship has frequently oeen regarued as
stepping stone TO the Presidency it has
been of no advantage whatever. In sup
port Of this fact the experience of Clay.