New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-20
IMPEACHMENT COURT
DOMINATED BY CULLEN
Senators Follow Without Dis
sent Any Opinion Expressed
by President of Tribunal.
INDICATED IN THREE CASES
Apparent to Onlookers That
Chief Judge of Appeals and
His Associates on the Bench
Are to Mould Result.


From a StaT Correspondent of The Tribune
Albany. Sept. 1.-THE Opening hours OF
the legal jockeying ct the beginning of
the impeachment trial Of Governor Suizer
to-day disclosed Immediately that Chief
Judge Edgar VI. Cullen OF the Court OF
Appeals, who is president of the High
Court of impeachment will dominate the
proce edlngs.
Two or three incidents OF the session
stamped that fact on the case. II Is al
ready evident that the Sulzer impeach-
ment trial will go down in history as a
case in which the Chief Judge and thu
Judges of the Court OF Appeals led the
Senate. which. Of course. greatly outnum'
bcrs them in membership.
The physical dignity OF the judges Of
the Court of Appeals. as wei az TN
prominence OF their seats, ranged almos
entirely across the front Of the modified
Senate chamber, is an indication Of theil
dominance as clearly marked as is th'
distinction between their flowing blacl
robes and the civilian attire OF the Sen
| ators.
First Of the points which arose to dem
onstrate 10 any doubling Senator wher'
| the seat Of power was TO be found wa
the statement Of Judge Cullen on ~
merits of the question raised by Gov
ernor Suffers counsel about entertaining
challenge against the seating OF Sen
| ators Frawley. Transporter. sanner an
! Wagner I'm the Court Of Impeachment
All Follow Judge Cullen.
Although the rules which had just bee
adopted gave the president the right Il
decide all such questions by his rulings
which should stand as final unless over
ruled by the court itself. Judge Cullel
announced at the end OF argument ina
he had decided TO submit the case 10 IN
court. He added. however, that he Eel
II proper that he should express III
| opinion of what would be the proper dis
position Of the question" With tina
naive introduction. he laid down dictum
sugar-coatod under the name Of opinion
together with a clear exposition OF ~
law and constitution bearing on the cues
ton.
This challenge cannot be entertaine
| is the UNIFORM tuIIcH' VI ""N''''N'
said. "All the precedents are against II
| equally think IL is not sustained ~
principle
The vote which followed seemed alnos
perfInctory, and the opinion or IN
presiding Judge VAS accepted unanimous
ly by the court
one other incident along the same lin
was interjected just previous to IN
taking OF the vote. when Senator waite
r. Herrick. Tammany member from Tn
18th District. Manhattan. attempted
have the court so into executive con
sultation" on the question.
Two Senators Rebuked.
Senator Herrick popped up with hi
resolution in true legislative manner. bu
he reckoned not only without the ne'
dignity lent To the Senate chamber b
the presence Of the Court of Appeals, ou
also without the tremendous iniiueno
which President Cullen's legal opinion
had already had on every Senator pres
ent. The result was that his motion wa
lost by unanimous vote. Herrick nm
self forsakng it when he saw the Diunde
OF even appearing in the role OF oppos
ton TO the Chief Judge.
To one other Tammany Senator Henr
". Pollock. from the 18th District. Man
haitian. was the lesson Of the Herrick II
cident lost When the question OF ad
hitting the four challenged Senators ha
been disposed OF President cullen an
nounced that the clerk would mmediatel
proceed 10 read the articles of impeach
ment. Senator Pollock jumped up with
motion. on the heels OF the announcement
that the reading OF the articles be dis
pensed vith-a familiar move In Senat
proceedings. President Cullen looked in
auirngly, to put it mildly. at the Senate
who was Offering motions in fiat opposi
ton 10 his directions, but immediatel
recovered his poise and blandly put III
| motion.
Like the previous attempt by HerricS
| IL was lost by unanimous viva voc
vote. Pollock himself did not vote TO
| his own motion.
The three little incidents while not o
great importance in themselves Indicate
so plainly to the onlookers that Judg
Cullen and his associates were 10 contro
tho entire case that the suspicious OF
| Tammany decision on the Governor
guilt practically vanished
| ---SO-------