The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-10-17

become chief executive OF the state.
He Is an Albany newspaper owner
Robert r Wagner. a New York at
torney. will become lieutenant COVER
nor. He is the majority leader In the
senate
The vote on Articles and 2 was
30 20 Is, a bare two-thirds majority.
The former article charges that the
governor falsified in his statement OF
campaign contributions: the latter
that he committed perjury In so do
ing
The vote on Article 3. which
charges the governor bribed Wit.
nesses to withhold testimony from the
Frawley investigating committee. was
unanimous IN favor OF the governor.
Changed Votes.
! The vote on Article 4 was a. IN "A
SIX members changing their votes on
Articles l and ? from mot guilty" 10
guilty and two from guilty" 10
not guilty" This article charges
that the governor suppressed evi.
dence by means OF threats 10 keer
witnesses from Terrifying before the
Frawley committee. Among those
was James Peck. state superintendent
or public works. who testified al the
trlal that the governor had asked him
10 commit perjury.
The secret informal vote 10 remove
the governor was said to be AZ TO IA.
the same as on article four. and the
vote not TO disqualify him was saIu
TO be unanimous.
Article six. which charges .I.,t the
governor committed larceny in specu.
lsting with his campaign contripu.
lions. was said not to have been sus
tanned in the secret session by a vote
Of so declaring the governor not
guilty. 10 seven against him.
Article five. which charges that he
prevented particular witness. Fred
erick l.. Colwell. from attending the
sessions OF the Frawley mmlttee.
article seven. that be threatened 10
use his onice and influence to AFFECT
the vote or political action of certain
assemblymen, and article eight that
he corruptly used his influence TO al.
feet the prices Of securities on the
stock exchange. were reported also
10 have been decided IN favor OF ths
governor in the secret session by a
practically unanimous vote.
mot Guilty" On All.
Presiding Judge Edgar VI. Cullen,
who will shortly retire from the
bench, voted not guilty" on every ar.
ucle and rendered a long opinion N
explaining his votes. The other eight
judges OF the court OF appeals we're
divided. On articles one and two
Judges Willard Bartlett. Emory =
Chase and William =. Werner voted
for the governor. and against him vot-
cd Judges Frederick Collin. william
II. Cuddebsck. John W. Hogan. Frank
II. Hiscock and Nathan l.. Miller.
making a division among them OF nve
10 four against the governor.
on article four Judge Bartlett.
Chase and Warner changed their
votes from mot guilty" to guilty.
and Judges Hiscock and Miller
changed from guilty" 10 not guilty"
making against him a division OF o
to 3.
Presiding Judge Cullen held thar
the offenses CHARGED in articles ono
and two were not improbable ana
that the governor neither flashed Ma
statement under The provisions Of me
election law nor committed legal
perjury"
The rule here contendod for" no
said. amounts in reality 20 an ex-pogt
defacto disqualification from office for
an ouense which had no such penalty
I when committed. without aTo-dirg an
opportunity 10 show either repentance
or atonement Men have committed
serious crimes. even felonios. and sub
fsoquenuy attained high public posi-.
lions"
Explained Votes.
Practically every member o. tho
court explained DIS vote ou article
ono. although those who voted ia IN.
Vor of the governor did not enter AZ
length into o. discussion of the mcrits
OF th" case or oI tho matters OF Law
and precedent involved as did tho
others including 400 the Judges Tho
latter filed with the court LENGTHY
opinions boo support OF their votes
One of the judges. Nathan T. Miller.
who was designated 90 The court OF
appeals bench hv Suiler. denounced
him as totally unfit for Office"
Several of tho senators also took
Orol ton f0 expires. harsh opinions of
Governor Sul1rr Senator SAGE do.
cI1rcd that Tho 10000 contribution
off Thomas p Ryan was given to the
governor because be- .uaa uaDfuIr in
congress and cas- retainer Tor errv.
vice. to De- rendered iu his new DO
Ifriou."
senator WAGNER. Democratic lead
or Of The senate. rendered Ionr Ic.
rHl opinion bod which he .oulht to rc.
iuto thc contention tGaf the offences
. charged Boo Articles one and two were
NOT impaach1ile because they AFRO
acts committed before thc governor
took office
Defends His Vote
! senator Zion 70 Brown Republican
leader. rc1d o. similar lengthy opinion
Boo witch ho defended hIs vote boo con.
nrcnon with thr fact that uc bad
boon politically opposed to tho gov.
truur
20 has boon my duty during th.
present administration f. said Zoo
Head the opposition tn tho senate and