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4582 1 (1903)

handle is hein.usccsset/usconset30385 and id is 1 raw text is: 


58TH  CONGRESS, HOUSE          - REPRESENTATIVES.             RErORT
   2d  Session.   fNo. 1905.





                   JUDGE CHARLES SWAYNE.



    MARCH 25, 1904.-Referred to the House Calendar and ordered to be printed.



    Mr. PALMER,  from the Committee  on  the Judiciary, submitted the
                               following

                            REPORT.

                      [To accompany H. Res. No. 274.]

   On the 10th day of December,   1903, the House passed the following
resolution:
  Resolved, That the Committee on the Judiciary be directed to inquire and report
whether the action of this House is requisite concerning the official misconduct of
Charles Swayne, judge of the United States district court for the northern district of
Florida, and say whether said judge has held terms of his court as required by law;
whether he has continuously and persistently absented himself from the said State,
and whether his acts and omissions in his office of judge have been such as in any
degree to deprive the people of that district of the benefits of the court therein to
amount to a denial of justice; whether the said judge has been guilty of corrupt con-
duct in office, and whether his administration of his office has resulted in injury and
wrong to litigants of his court.
  And in reference to this investigation the said committee is hereby authorized and
empowered to send for persons and papers, administer oaths, take testimony, and to
employ a clerk and stenographer, if necessary, to send a subcommittee whenever and
wherever it may be necessary to take testimony for the use of said committee. And
the said subcommittee while so employed shall have the same powers in respect to
obtaining testimony as are herein given to said Committee on the Judiciary, with a
sergeant-at-arms, by himself or deputy, who shall serve the processes of said com-
mittee and subcommittee and execute its orders, and shall attend the sittings of the
same as ordered and directed thereby. And that the expense of such investigation
shall be paid out of the contingent fund of the House.
  Testimony   was  taken  in Pensacola, Tallahassee, and  Jacksonville,
Fla., and  in the city of Washington   upon several  days.  At  all the
hearings the Hon.  Charles Swayne  was present himself and  by counsel,
except at the last hearings in Washington, when he appeared  in propria
persona  and argued  his case before the subcommittee. All the wit-
nesses asked for by the  complainants and  the respondent were  sworn.
Their  evidence  was  reduced  to writing  and  is presented with  this
report.
  Specifications of  the particular matters   covered  by  the general
charges  were  furnished  the committee   by the  complainants.   They
were  as follows:
  Specification 1.-That the said Charles Swayne, judge of the United States court in
and for the northern district of Florida, for ten years, while he has been such judge,
       H R-58-2-Vol 6-1

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