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Congressional Record- House 214 CONGRESSIONAL RECORD- HOUSE. DECE~IBER 13, Elmer D. Carl to be postmaster at Greencastle, in the county thereafter, to wit, on the 22d day of April, 18SO, took the oath of Franklin and State of Pennsylvania. of office, and assumed the duties of his appointment, whereupon Joseph B. Colcord to pe postmaster at Port Allegany, in tlie it became and was the duty of the said Charles Swayne to county of McKean and State of Pennsylvania. comply with the act of Congress of the United States which Robert S. Davis to be postmaster at Leetsdale, in the county provides that- of Allegheny and State of Pennsylvania. A district judge sl.Jall be appointed for each district, except in cases Matthew P. Frederick to be postmaster at Gallitzin, in the hereinafte1· provided. Every judge shall reside in the district for county of Cambria and State of Pennsylvania. which he is appointed, and for offending against this provision · shall Christian E. Geyer to be postmaster in Catawissa, in the be deemed guilty of a high misdemeanor. · county of Columbia and State of Pennsylvania. Nevertheless, the said Charles Swayne, totally disreg:1ruing Royal A. Stratton to be postmaster at Conneaut Lake, in the his duty as aforesaid, did not acquire a residence or, \l ithin county of Crawford and State of Pennsylvania. the intent and meaning of said act, reside in his said district, Uriah H. Wieand to be postmaster at Emaus, in the county to wit, the northern district of Florida, from the year 18D4 to of Lehigh and State of Pennsylvania. the year 1903, a period of about nine years. Wherefore the said Charles Swayne, having persistently and WEST VIRGINIA. continuously violated the aforesaid law, is guilty of a high Joe Williams to be postmaster at St. Marys, in the county of misdemeanor. Pleasants and State of West Virginia. Second, the said Charles Swayne, judge of the United States . WYOMING. in and for the northern district of Florida, while in the exercise Frederick E. Davis to be postmaster at Wheatland, in the of his office as judge did knowingly, arbitrarily, and unjustly county of Laramie and State of Wyoming. impose a fine of $100 upon and commit to prison for a period of ten days without authority of law E. '1'. Davis, an attorney and counselor at law, for an alleged contempt of the circuit court of the United States, to wit, at P~nsacola, in the county of EJs­ HOUSE OF REPRESENTATIVES. cambia, in the State of Florida, on the 12th day of November, in the year 1901. TuEsDAY, December 13, 1904. Wherefore tile said Charles Swayne misbehaved himself in The House met at 12 o'clock noon. his office of judge, and was and is guilty of an abuse of his judi­ Prayer by the Chaplain, Rev. HENRY N. CoUDE!'il, D. D. cial power and of a high misdemeanor in office. Tbe J ourna1 of the proceeclings of yesterday was read and ap­ Third, the said Charles Swayne, judge of the United States proved. in and for the northern district of ]'lorida, while in the exercise URGENT DEFICIENCY APPROPRIATION BILL. of his office as judge clid lmowingly, arbitrarily, and unjustly impose a fine of $100 upon and commit to prison for a period of Mr. HEl\fENWAY, from the Committee on Appropriations, re­ ten days without authority of law Simeon Belden, au attorney ported the bill (H. R. 16445) making appropriations to supply and counselor at law, for an alleged contempt of the circuit urgent deficiencies in certain appropriations for the fiscal year court of the United States, to wit, at Pensacola, in the county of ending June 30, 1905, and for other purpcses; which was read a Escambin, in tile State of Florida, on the 12th day of November, first and second time, referred to the Committee of tl1e Whole in tlle year 1901. House on the state of the Union, and, with the accompanying re­ Wherefore the said Charles Swayne misbehaved himself in his port, ordered to be printed. office of judge, anu was and is guilty of an abuse of his judicial Mr. MADDOX. Mr. Speaker, I desire to reserve all points of power and of a high misdemeanor in office. order upon tile bill. Mr. TAWKEY . Will the gentleman allow me to ask him a The SPEAKER. The gentleman from Georgia reserves all question? points o'f order upon tile hill. :Mr. P ALl\IER. Certainly. Mi . HEl\IENW A.Y. Mr. Speaker, I will serve notice that I .Mr. TAWNEY. Was there any affirmative evidence showing will call that bill up to-morrow immediately after tile House the committee that Judge Swayne had a permanent residence convenes. outside of his district? LEAVES OF .ABSENCE. 1\fr. PALMER. Yes and no. The ~vidence states that when By unanimous f.:!Onsent, leaves of absence were granted as fol- he left Pensacola he went to Guyencourt, Del.,; the evidence lows: · states that he generally told his clerk at Pensacola that he was To Mr. BIRDSALL, for ten days, on account of important busi- going to Guyencourt, Del., when he left. The evidence was that ness. he left word with the clerk that if anybody wanted to transact -To Mr. CocHRAN of 1\lissouri, for fifteen days, on account of anv busine s with him they could do it at Gnyencourt, Del. important business. - There was no testimony, and I do not think anybody umlertook IMPEACHMENT OF .TUDGE CHA.RI.ES SWAYNE. to prove where his residence actually was. It seemed to be . Mr. P ALl\fER. Mr. Speaker, the consideration of resolution sufficient to pro1e that his residence was not in Florida, as the No. 274, reported by the Committee on the Judiciary in the act provides that he shall reside in Florida. It was of no par­ matter of the impeachment of Charles Swayne, judge of_the ticular consequence where he lived if he did not live there. He district court of the United States in and for the northern dis­ never voted in Florida; he never was registered in Florida ; he trict of Florida, was postponed until the 13th day of Decem­ never lived there in any proper sense of the term. The idea of ber-- the committee was that this act of Congress means what it says, The SPEA.KER. The gentleman will suspend. The Chair that a man shall be bodily present in the place where he ought desires to hear the gentleman from Pennsylvania, and he is sat­ to be. A potential residence, a constructive residence, or a legal isfied the House also desires to hear him, and the House will residence does not answer the purpose for which . th~ act of please be in order. Gentlemen will plea~e be seated and cease Congress was passed. It meant that when a judge wa ap­ conversation. pointed to a district he should be there to attend to the bu iness Mr. PALMER. This order was made on the 7th of April, of the people, and not 3,000 miles or 1,000 miles or any number and the time has arrived for the consideration of this resolu­ of miles away. Of course, residence is a question of intention, tion, and I move that the resolution be read. but if a man could gain residence by intention,. he might have The SPEAKER. The Clerk will report the .resolution. gone to Florida and said: " It is my intention to live at the The Clerk read a.s follows : Escambia Hotel," or anywhere else, and then have gone to Eng­ R es olv-ed, That Charles Swayne, judge of the district court of the land and spent his time there, coming home when it was neces­ United States in and for the northern district of Florida, be impeached sary to hold his court. But, as I said, I am not going to argue of high misdemeanor. · that question now. Mr. PALMER. Mr. Speaker, I propose to state in the brief­ Mr. BURKE. Will the gentleman permit a question at that est possible form the facts found by a majority of the Judiciary point? Committee from the testimony in the case, which justifies the Mr. PALMER. Yes. conclusion that Charles Swayne, district judge of the United Mr. BURKE. What was done with the other attorney who, States in and for the northern district of Florida, ought to be you say, went to New Orleans? I!' impeacbed by the House and sent before the Senate of the Mr. PALl\IER. Mr. Paquet came back some time later and United States for trial. The acts of misbehavior proved by the filed a kind of statement in which he said that their conduct evidence, briefly stated, are: was such that Judge. Swayne might presume they intendi!d a First, that the said Charles Swayne, having been duly ap­ contempt, whereupon . J udge Swayne excused him, and he was pointed and confirmed, was commissioned district judge of the neither fined nor imprisoned. United States, in and for the northern district of Florida, on Fourth, the said Charles Swayne, judge of the district court the 1st day of April, 1890, to serve during good behavior, and of the United States in and for the northern district of Flor· 1904. CONGRESSIONAL RECORD-HOUSE. 215 ·tda, did, while in the exercise of his office as- judge, without I thought I was lawyer enough to see he had not answered it. authority of law, commit to- prison fo~ a period of sixty days Mr. PALMER. Will the stenographer read that question, please? The STENOGR.APHER (reading).
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