2OO
THE GREEN BAG
the decision was rendered it was not even contempt of E. T. Davis and Simeon Beiden, certain that the Colorado judge would "re and as they all depend upon substantially the turn to Leadville, in his district, for the same facts they can be considered together. purpose of there maintaining his actual res These cases arose out of a suit in Judge idence." The court said he had a "bona Swayne's court known as the Florida fide intention " to do so. Everybody con McGuire case. It appeared that while this cedes that Swayne is now a bona fide resi case was pending in June or July, 1901, he negotiated with dent of his disJ. J. Hooten for trict. With the ' the purchase for exception of vot his wife of block ing, which was 91, a vacant un no doubt techni occupied lot and cally necessary in a part of the land order to make in controversy in the Co 1 or ado the McGuire suit. judge eligible for Hooten testified election, every before the Senate fact and circum that the judge stance is much "stated if he stronger in sup bought it it would port of residence disqualify him in in Swayne's case. the case in case In that case the it came up before burden was upon him." The judge the respondent to was not a witness satisfy the court before the Senate that he resided and this state in Leadville. In ment therefore Swayne's case stood undenied. the managers Hooten was a,witwere bound to es ness before the tablish non-resi sub-committee dence beyond a and on this point reasonable doubt then testified: and the facts Q. "Did you were much more go over the land probative of resi with Judge dence than in the JUDGE CHARLES SWAYNE Swayne and point Colorado case. It it out to him?" may be safely in A. "Yes sir." ferred that the managers did not exert Q. " Do you know whether or not this themselves to impress upon the Senate the authority of the Colorado case. On this land was in litigation in the United States article 31 voted guilty and 51 not guilty. Court at that time or not?" A . "I don't remember, I know there has On Article 7, 19 voted guilty and 63 not been litigation about that land before and guilty. The 8th, 9th, loth, and nth articles were since. I could not state whether or not based upon an alleged unlawful conviction for there was at that time."
