The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-08-10

The moment at which the Assembly will
b. asked TO impeach GOV Sulzer is to
he determined in Albany tomorrow after
noon 10y the Democratic chiefs OF the two
houses-Robert f. Wagner. leader in the
Senate. Alfred T.. Smith Speaker OF the
Assembly, and Aaron J. Levy, the AS
semby leader.
Mr. Smith and Senator Wagner are
already in Albany trying to outline the
exact procedure from scrutiny of the
state Constitution and precedents of pre-
vlous cases. Mr.. Levy has been making
the survey in his New York office.
Expressing deep regret that he, as ma
:nrity leader of the Assembly, should be
compelled to start the machinery for the
dismissal of an old friend from the Gov
ornorship. Mr.. Levy says that he believes
the motion for impeachment will be made
tomorrow night upon the submission of the
Frawley committees partial report. set
ting forth its discoveries of Mr.. Suffers
alleged violations of the corrupt practices
act and his expenditure Of campaign
checks for stock market securities.
Eugene Lamb Richards. the Frawley
yesterday to write his report undisturbed.
lie and Senator James J. F'rawley, chair
nan Of the committee. will go to Albany
tomorrow morning. The full Frawley
committee will have a meeting at noon.
The committeeman expect to have the re-
port ready for the Legislature tomorrow
night unless the Tammany leaders in AL
lany see reason to defer it. Senator
said C,afarIaN that he
oleh, to be in By Tuesday at the latest.
Mr.. Levy. who prepared the Levy cleo
ton law and is regarded az an authority
~ legislative procedure, says that despite
n" Governors contentious there is abso-
lutely nothing to prevent the Legislature
from going right ahead with the impeach-
In.nt
Ends Suls~r's Chance.
''Personally," Mr.. Levy said yesterday.
II am IN favor OF giving Gov. Sulzer
Every possible opportunity to present his
answer 10 the findings OF the Frawley
committee. even though he has not seen
lit 10 defend himself by going before the
committee itself But ! do not see how
there can b. any chance for him to be
heard after the report Is In the hands
ar the Legislature. Once an impeach-
Inent is voted by the Assembly the de-
!eAdant cannot be heard until ne is put
"a trial before the Impeachment court.
Mnlch is the Senate and the Court Of
appeals"
The state Constitution, Article ", sec
ton I, SAYS
Al extraordinary sessions no subject
snail be acted upon except such as the
'oNeih" may recommend for cOnsldera-
ton"
IN" Governors contention Is under
S''cd 10 be that inasmuch as in his
special message calling the present special
session he did not recommend for con-
t'ieiauon' his own impeachment the
legislature cannot lawfully put him on
''aL But according to Mr.. Levy the
'"Nfts have always construed the sub
J'''S referred to in the Constitution AZ
meaning legislation and that there IL no
RESTRICTION of the power of Impeachment.
'h TINS point senator Frawley said
Yesterday:
N not lawyer. but common sense
'"'s M that the Legislature has the right
" TAKE w at any time SO serious
"'dU'i as the impeachment Of the Gov
'"o' no matter whether ii is sitting in
regular or extraordinary session. II some-
'"'hs 50 radically wrong is discovered
w. |"N mink the Constitution prevents
"' f'othcation Of that wrOng?"
'"uhscl richards believes there IL no
H''uoh Of the Legislatures right.
Giynn Would Rule.
lammany's constitutional experts also
's'e'I yesterday that Mr.. Sulzer would
'"dse I" act ag Governor the moment the
assembly. by majority decision. voted
'ha' he should he tried before the i'm
p'"chfneht court. In support OF this
vie" they were quoting Article w.. Sec
uon :. Of the Constitution:
IN case OF Impeachment Of the Gov
'rhor or his removal from ONCE .
,nr powers and duties Of the office shall
aeVolVe upon the Lieutenant Governor for