THE IMPEACHMENT OF JUDGE SWAYNE Santa Barbara, Cal., he spent most of his time in Denver, five thousand feet lower, during the last two and three-fourths years. He immediately returned to Denver upon the adjournment of his court, when there was no other business requiring his presence unless he stayed longer for the transaction of his private business, except in a few in stances when he went to other parts of the state. From the time of his marriage he either kept house and lived with his wife or boarded with her in Denver, except when she was away on visits, when while in Den ver he boarded alone. His wife and family were never in Leadville but once, and then for less than ten days, on a visit. For the last nineteen months he had an office in Denver with his name painted on the door, the room being rented by a company of which he was the secretary. His name ap peared as a resident for 1900 and 1901 in the Denver directory, but, as he claimed, with out his knowledge or direction. During this time when in Leadville he occupied as his sleeping room a room in the court house adjoining his chambers and had no other house or dwelling place in Leadville. The furniture, including bedstead, bedding, bu reau, washstand, and carpet, was his prop erty. He had in 1898 sold the furniture in the chamber to the county. He paid nothing for the use of his room. He had no other personal property in Leadville, made no tax return, and paid no poll or personal tax during this period. He took his meals at restaurants or hotels as might be convenient and had no regular boarding place. His wardrobe he kept in Denver, and took with him when he went to his dis trict sufficient clothing to meet the necessi ties of a short stop, except that he had sufficient personal and bed linen for his use in Leadville. He was registered as resid ing at the "Court House." For nine years, with the exception of three elections, he voted in Leadville. Dur ing these two and three-fourths years he had not been personally present exceeding three
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hundred days, fifty of which were exclu sively devoted to campaigning. In 1899, 1900, and 1901, two-thirds to three-fourths of his time was spent out of his district. In legal documents he had always described himself as of Leadville, so registered him self when traveling, had rented a box in its post-office and had had his personal envel opes marked for return to Leadville, and had claimed and still claimed it as his home domicile and residence. Upon these facts the court held that the Constitution should be given "a reasonable and not a purely technical or literal inter pretation" that "it is only a fair and reas onable construction, we think, of the ad mitted facts to say, and we shall so hold, that it is his bona fide intention as soon as his health will permit, which he hopes will soon be realized, to return to Leadville, in his district, for the purpose of there main taining his actual residence." Again, "We think it would be a strained construction of the language and a harsh rule to enforce within eight months after the plaintiff's induction into office to say that because he had not during that time, on account of the state of his health, actually resided in his judicial district and because thus early in his term it is not entirely certain that at some definite future date he would return there, he should therefore be ousted from office." And again, "and although the rule, as we have said, requires him clearly to show a continuing right to hold, this rule is in entire harmony with another of equal potency, which is that it is only for some substantial misconduct upon his part that the severe penalty of an ouster should be visited upon him." In the Colorado case the judge had an actual and continuous abiding place for him self and family in Denver, out of his district, for four years before the hearing. Swayne has never had any such abiding place. At the time of the hearing the Colorado judge was neither actually abiding or re siding in his district. Swayne was. When
