New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-20
Not a Question of Right but of Pro-
prletv.

Few persons will dispute the business OF the rui'
ing Of Chief Judge Cullen, sustained by the unani-
nous vote of the High Court of impeachment, that
the four Senators challenged by Governor Suffers
counsel could not be prevented against their wishes
from acting as members of the court. The conStl-
tuition establishes the qualifications Of members OF
the High Court and in Judge Cullens opinion there
is no constitutional requirement which makes Sen
ators Frawley, Sanner Ramsperger and Wagner
ineligible to sit with their associates.
If these Senators had been drawn on an ordinary
Jury empanelled TO try the Governor they could be
challenged because three of them had been mem
hers of q body which recommended prosecution of
the Governor and the fourth would be pecuniarlly
benefited by the Governors removal from office
But the analogy between a juror and judge does
not hold The four Senator'S whatever their attitude
in the past toward the Suzer charges constitu-
tonally qualified Judges and be prevented from
exercising their functions only if it can be shown
that they have now a direct interest in the outcome
of the case.
On the legal side Judge Cullen's ruling is clear ana
decisive 1t is significant, however, that on the
moral side he took occasion to qualify it. The four
challenged Senators may have perfect right to sit
as judges if they insist upon doing so. but their
sense Of personal honor and official propriety should
prompt them to withdraw from the case if they
feel that their previous activities have prejudiced
them against the defendant The public will attach
great weight to this paragraph of Judge Cullen's
ruling:
do not mean to say that if any member Of the
court feels that such action he has previously
taken in regard TO the matters which now 10 be
tried or his personal feelings toward the respondent
such 10 disqualify him or 10 impair his ability
TO render Just and fair verdict. according to the
cath which he has taken. that he may not appeal
to the court TO be excused from sitting, but that
appeal must be made by himself and must be con-
sidered solely his application and cannot be con-
sidered challenge 10 his qualification TO sit IN
the court.
The public is interested in having the proceedings
of the High Court Of Impeachment kept free from
the faint of partisan prejudice unfarness. Sen
ators Frawley. Sanner, Transporter and Wagner
should therefore seriously consider whether they
would not better protect their honor as well as
participating in the trial.
The impeachment process in this state is far from
satisfactory. 1t would be impossible for instance
for members of an investigating committee which
had recommended impeachment to sit in the United
States Senate in impeachment trial Judges
should noe have already acted prosecutors. Al
though there is constitutional bar their doing
at Albany, a sober regard for the reputation
Of the should counsel their abstenton from vot
ing If the Sulzer charges are fairly substantiated
the courts verdict will be pretty nearly unanimous
On the other hand it would be great misfortune if
the courts decision should turn the votes Of the
four Senators to whom Chief Judge Cullen has tact
fully indicated not only their technical rights but
their personal and moral obligations