Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-09-21
|WAKELEE ASSA|LS |
WILSON ATTITUDE ]
ON F|TzHERBERT|
Asks Why Action Has
Not Been Taken in
Senator's Case.
SAYS GOVERNOR HAS NOT
YET PURGED THE STATE
Takes New Jerseys Executive
to Task for Speeches on
Western Trip.

Calling attention to what he terms
the inconsistency between his words
and deeds, Edmund w. Wakelee.
chairman of the Republican State
Committee. today gave out an inter
view assailing Governor Woodrow
Wilson for his speeches throughout
the West.
Mr.. Wakelee points to the case OF
Senator Fitzherbert, of Morris county,
who. although found guilty of an Of
fense, inconsistent with the trust
and duty of member of the Sem
ate," is still wearing the prefix Hon
orable," to his name. as one example !
of the Inconsistencies of Governof
Wilson.
Governor Woodrow Wilson Is going
through the West continued Mr..
Wakelee. telling people how he has
purged the State of New Jersey OF
political evil. 1t is right. therefore.
that public attention should be called
at this time to the fact that Richard
Fitzherbert. Democratic State senator
from Morris county. who was found
guilty by his colleagues in the Stafass
Senate last winter of an offense in
consistent with the trust and duty Of
a member of the Senate Is still
wearing ethe prefix Honorable TO l1ia4
name, Governor Wilson's alleged
purging process to the contrary not-
withstanding.
Tells of Investigation.
"A summary of the Fitzherbert CASE
Is set forth in a resolution for Fitz-s
herbert's dismissal from the Senate.
Offered In the New Jersey Stats
Senate OH March 10, 1912. by Senator
Carlton B. Pierce. of Union countyss
On March Z the Senate had voted on
the guilt or innocence of Fitzherbert
of the offense charged. and found him
guilty by vote of IL to 7. The Pieree|
resolution was as follows.
= Whereas. at public hearing be.
fore the Judiciary committee OF ti4e.
Senate, held at the State House. Tren-
ton. February 20. 1912. charges were
made by the Commercial Acetylens
Company. of New York, that Senator
Richard Fitzherbert was guilty of an
act inconsistent with the trust and
duty of a senator in that he had me-
gotiated for the payment of the sum
of $4,000 by the said company as a
consideration for the withdrawal by
the said senator of Senate bills Nos.
10 and 10, heretofore introduced by
him; and
Whereas, At such hearing tio
said senator made public admission OF
the truth of the charge that he had
conducted such negotiations, the adj
mission being confirmed at the tims
by the members of the committee and
all the representatives of the press
present. and not later denied by any
witness other than the defendant at
the trial; and
Whereas, public investigation
was made as to the charge of the
said committee. pursuant to the au-
thority OF the senate, at which in
vestigation the said Fitzherbert was
represented by counsel, who cross-ex-
amined the witness; and
Whereas, the said COMMITTEES.
composed of the senator from At
lantic, the senator from Camden and
the senator from Hudson reported
unanimously that on the evidence
presented to them they believed the
said Fitzherbert had been guilty OF.
an offense inconsistent with the trust
I and duty of member of the Senate,
and the said committee thereupon
recommended that he be tried on the
question of his expulsion: and
Whereas. The report of the COM
mittee was adopted by the Senate,
and a resolution passed that thu
4 Iaa hi f-f<,f
before the Senate. sitting as a
whole, upon the charge of the conn
mission of an offense inconsistent
with the trust and duty of a SEN
ator; and
Whereas, fair and Impartial
trial was thereupon had. upon no.
tice to the said Fitzherbert, who was
present in person and by COUNSEL
was confronted by the witnesses.
was given compulsory process for.
the securing of testimony, was sworn
in person, called such witnesses as
he desired in his behalf, and was
given, and exercised through coun-
sci. the right of examination and
ross-examination of witnesses; and
80 Whereas, at the conclusion of tha
trial the said Fitzherbert was found
guilty by the Senate of the offensa
charged; therefore,
BE 1t resolved, That having been
found guilty by the Senate of an offs
fense inconsistent with the trust anil
duty of senator, the said F'itzher-
bert be and he is hereby expelied
from the Senate of the State of New
Jersey. and his seat be and the SAND
is hereby declared to be vacant
Asks Pertinent Questions
Under the Constitution of tho
state two-thirds vote was neces-
sary to dismiss Fitzherbert. The
vote was eleven for dismissal and
seven against, and Fitzherbert re-
tanned his seat.
"The newspapers were full of the
case at the time. Governor Wilson.
however, did not have TO rely upon
the press for information. He was
present in the State House while the
trial was going on. He had repeated
conferences with the Democratic
senators on the case, and eventually
he announced that within a short
time he would issue a statement on
the subject