New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
SUFFERS MAIN SUPPORT
is CHIEF JUDGE CULLEN

opinions which swayed the High
Court Of Impeachment in its decision
rsre voiced most clearly by President
Cullen. on the Sulzer side. and Judge
Nathan L. Miller, one Of the designated
mdees of the Court of Appeals, for
those who held the Governor guilty.
Judge Cullen stuck strictly to argu-
ing that Impeachment could not lie for
acts committed before Sulzer became
Governor. He favored a technical In
appreciation of the law on Articles l.
, and 4 while Judge Miller contended
that the constitution and the law had
10 be interpreted broadly and freely,
and in this impeachment case a tech
neal precedent bound reading Of the
fundamental law might hamper.
Judges Bartlett and Werner, respec-
lively Democratic and Republican can
adates for chief Judge Of the Court OF
Appeals TO succeed Judge Cullen. and
Judge Chase. agreed with Cullen on
Articles / and 2, holding that the Gov
ernor could not be impeached for what
h. did before he took the oath OF office.
Judqes Are Divided.
Judges Collin, Cuddeback, Hiscock
and Hogan agreed with Miller on the
contrary line Of reasoning. On Article
4 the intimidation of witnesses charge.
Judge Cullen again led the Sulzer side,
holding this time that Notwithstanding
the decision of the court 10 apply the
Peck testimony. which accused the
Governor Of subornation Of perjury. to
this article. he did not consider tnat
warranted II would be. he commended.
charging a man with one thing and
eonyicting him of another.
On this he took with him Judges
Hiscock and Miller, heretofore voting
opposite TO him, while Judges Bartlett
and Werner went TO the other side,
holding that the Peck testimony plainly
proved the Governor guilty. IN his
term Of Office, Of an act properly war
rsntirg his impeachment.
The Senator's who submitted opin-
:ons, either written or verbal, followed
the lead Of the Court OF Appeals in
soicing, in other words, the arguments
Of the judges on one side or the other.
Judges and Senators we're practically
unanimous. regardless of how they
voted. in holding the evidence conclu-
Hve proof OF the commission Of the
acts charged against the Governor b.
The board Of impeachment managers,
and they were merciless in character
~'"b tlItlll dS lllulN dNAAib a Va
shocking immortality.
Excerpts from a stenographic report
VI The opinions of the judges and SEN
stors on Article ! follow:
Judge Cullen-"The first article OF
impeachment and the second article OF
impeachment and the sixth article of
impeachment are intimately connected,
sno In the opinion which i have writ
zen they are treated together, and pos
Holy II will be more convenient for me
70 treat them so now. 1t will avoid
'epettion when the vote is taken on
ne other two articles which l have
hamed.
FIRST, as TO the facts. | regret 10
edy that | am constrained TO find the
FACTS as follows: / find that the re-
'pohdent did take advantage of his
"oihlnation and candidacy for office 10
rex to personally enrich himself by
u"erting the contributions which he
"isht receive for campaign purposes.
nho that he did verify that by his
Oa'h' knowing IL to be false.
Al the same time / shall vote not
guilty OF these articles, for reasons
which seem to me to dictate such
Nurse, whatever may be my personal
opinion of'the acts done and committed
Oy this respondent.
FIRST, Isoment as to the character
" lhe acts. The use OF this money
vi Ms own purposes other than pol!ti-
work was not an offence. On the
'H'rsry It Ii very doubtful whether