The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-24
Articles Dealing With
Campaign Contribu-
tions in Question.
ARGUMENT HEARD
BY HIGH COURT
Counsel for Assembly Managers,
Confident That Motion to Strike
Out Three Sections Will Be
Denied, Announce Jacob
H. Schif as First
Witness.

Albany n. 2, September 2a-After
day spent in listening to lengthy
arguments, the high court for the
trial OF the impeachment Of Governor
Sulzer adjourned tonight without hay
ing decided whether the impeached
executive will have to answer charges
involving the misuse OF the funds CON
tributed for his campaign last fall. 1t
is expected that the court Will reach
a decision early tomorrow
In event of the denial Of the motion
TO strike out the three articles dealing
with the campaign contributions the
guns of tho mpeached executives
legal battery will be spiked. as far
as the preiiminarics are concerned, and
the actual trial Will begin
That counsel for the Assembly man
ayers are confident the court will not
dismiss the three articles is evidenced
by the fact that they announced that
Jacob H. Schirf and others who contri-
buted to the Sulzer election fund
would be on hand tomorrow to testify
Schif. counsel announced. would be
the first witness for the prosecution
on the contested facts
Right to Impeach.
/, Governor Sulzer to-day submitted to
the ruling of tho high court that the
Assembly had the constitutional right
TO impeach him. This announcement
was made n the opening of court by
Judge y. Cady Herrick. chief counsel
for the impeached executive, who de-
clared that the Governor will bow
TO the will of the court. and will ex-
crcise none OF the prerogatives of his
Office pending the determination of the
impeachment charges"
Counsel for the Assembly managers
were busy tonight preparing TO place
their early witnesses on the stand.
Formal proof of the nomination and
election of tho Governor first Will be
adduced. Later the Governors state
ment Of campaign expenses and dis
bursements, sworn to and filed with
the Secretary of State. will be proved.
II is on this statement that the prose-
cution bases its most serious charges
The articles of impeachment charge
Governor SulZer with having received
at least sS.600 OF which no mention Is
made in the sworn statement.
The preliminaries disposed OF. the
managers arc planning 10 centre their
fight upon the three articles-nrst.
second and sixtt--having TO do with
the Governors campaign contributions
and his alleged use of the funds In
Wall street If the court rules they
may be considered These charges
practically are fraud and larceny.
stock Exchange Dealings.
The managers expect to prove all
three by the testimony of the snme
employees will be asked to tell what
they know OF the executives alleged
dealings on the stock exchange. 1t
Will probably be week before this
line II proof IS complete.
Louis y. Sarecky, who was the Gov
ernors campaign secretary and handled
much OF the fund, has not yet been
subpoenaed, the Assembly managers
counsel announced tonight. He called
since then the managers process
servers say they have been unable to
locate him
To-day's session of the high court
was about equally divided between eff
forts of the Governors counsel to con-
vince the Judges that the articles deal
Ing with campaign contributions
should be dismissed and the argu-
mcnts of their opponents that they
were rGhtfully included in the i'm
parchment charges.
d. Cady Herricll fred tho opening
gun. He was followed by Harvey d.
Hinman. who presented the brief pre-
pared by Former Judge Irving G..
Nann, the latter being prevented by
illness from appearing in person.
Former Senator Brackett led the de-
fence OF the articles. and was followed
by Former Judge Parker and Isidor
Kresel. Austen G. Fox. OF the Gov
ernors counsel had not completed his
argument in rebuttal when court adj
journed Elihu Root. Jr., filed brief
upholding the contentious of his col
leagues in the Governors camp.
SuIzer's Contention
The principal contention of the Gov
crnor's side was that the acts specified
in the three articles referred to were
committed. If at all. while Sulzer was
private citizen. Their opponents ar
gued that they were intimately CON
nected with the Office that it would be
impossible to separate them
The managers here" declared Mr.
Bracket. want to stand broadly upon
the proposition that a man may be
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