The Birmingham age-herald., 1913-09-24
Impeachment Court Is Ex-
pected to Refuse. to Strike
Out Three Charges
Against Executive
SUBMITS TO RULING
THAT ASSEMBLY HAD
POWER TO IMPEACH
acob H. Schiff Will Be First Witness
for Prosecution of Contested
Facts-To Center Fight on
Charges of Perjury,
Fraud and Larceny

Albany N. Y, September 2S.-After a
ay spent in listening to lengthy ar
Fuments, the high court for the trial
+ the impeachment of Gov. William
|ulzer adjourned tonight without hav-
pig decided whether the impeached
xecutive Will have to answer charges
Evolving the misuse of the funds con-
ributed for his campaign last fall.
is expected, however, that the court
rill reach decision early tomorrow.
In event of the denial of the motion
0 strike out the three articles deal
hg with the campaign contributions,
he guns of the impeaehed executives
fgal battery Will have been spiked.
S far as the preliminaries are con-
erned and the actual trial will begin.
Witnesses on Hand Today
That counsel for the assembly man
gers are confident the court will not
ismiss the three articles is evidenced
~ the fact that they announced that
acob II. Schiff. Abram /. Elfius, Henry
Morganthau and others who contri-
led to the Sulzer election fund,
Would be on hand tomorrow to testify.
Jacob IL. Schiff. counsel announced,
you'd be the first witness for the
prosecution on the contested facts His
t2500 contribution was not mentioned
n the sworn statement of election ex-
benses fled by the governor.
Governor Sulzer today submitted to
he ruling of the high court that the
assembly had the constitutional right
o impeach him. This announcement
was made at the opening of court by
Judge u. Cady Herrick, chief counsel
for the impeached executive, who de-
Jared that the governor win bow to
Is viii OF tAv e0issi ana eEli t,ser x
ise none of the prerogatives OF his
,ifice pending the determinatlon of the
mpeaehment charges
Counsel for the assembly managers
we're busy tonight preparing TO place
heir early witnesses on the stand.
They plan to erect foundation of
presumably non-disputed facts before
he really vital testimony is introduced.
Formal proof of the nomination and
Election Of the governor first viii be
edduced
Later the governor statement OF
campaign expenses and disbursements,
worn to and filed with the secretary
bf state, will be proved. 1t is on this
statement that the prosecution bases
is most serious charges. The docu-
nent shows that Sulzer received $500
n furtherance of his election and that
he expended s7724. The articles of
Impeachment charge him with having
Deceived at least $500 of which no
nention is made in the sworn state
nent.
To Center Fight on Three Articles
The preliminaries disposed of, the
managers are planning to center their
Fight upon the three articles-first
econd and sixth--having to do with
he governors campaign contributions
md his alleged use of the funds in
Wall street, If the court rules they
may be considered These charge
perjury, fraud and larceny
The managers expect to prove all
three by the testimony of the same wit
.aesses. Each of them list the names
.Df IL contributors not mentioned In
Bhe governors campaign statement, ali
. Of whom will be called BANKERS.
brokers and their employees will be
|hslSed to tell what they know of the
executives alleged dealings on the
Stock exchange. 1t will probably be
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