New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-17
Corporation Counsel Decides
That Impeachment Auto
maticaIIy Removed
Suffers Powers.
QUOTES THE CONSTITUTION
Stand That Assembly Had No
Right to Ac; in Special Ses-
sion "Unthinkable, He
Says, in Extradi-
tion Case.

tlOn Case.
Archibald r. Watson. Corporation
Counsel. advised Yesterday Patrick A.
whitney. Commissioner Of Correction
not to honor extradition papers signed
by William SulZer as Governor. Mr..
Watson asserts that SulZer automau-
cally ceased TO be Governor the mo-
mcnt the articles Of impeachment were
delivered to the Senate. and denies the
legality Of the stand taken by Suffers
supporters, tat the impeachment is
Illegal because enacted I'm extraordi-
nary session. The constitutional clause
which limits the subjects which may
he considered 10 those recommended
hy the Governor does not bar I'M
peachment proceedings, Mr.. Watson
says
or the four applications for extradl-
ton now pending. only one is mem
tioned-that Of Fred Pannone who is
wanted by Connecticut authorities.
But the opinion is held TO cover those
prisoners wanted in New Jersey, West
Virginia and Virginia. After pointing
out that there must be requisition
first duly had and obtained and war
rant duly issued by the Governor or
the state" Watson continues:
Before such warrant can be recog-
nlzed and delivery made Of the persons
therein named by the warden OF the
CITY Prison il Is essential that there
should be presented to him a warrant
duly issued by the Governor OF this
state and It Is, Of course, necessary
that the person signing himself az
Governor should be lawfully entitled
~ exercise the functions and perform
the duties of said office. To advise you
I'm the premises, two points must be
considered:
Rulino Of the City's Counsel.
"First-Whether there has been an
irpeachment of the Governor OF the
state in tho constitutional ''"'' -
that term. RI
"second-The effect OF the mere ''0
iro Of the articles Of Impeachment d"'
.L.;, d.,,v.rv 70 the Senate. in advance
- ;uIon,en, Of acquittal or conV'o'
ton thereon. ..,.o,,,
"Takine ND these questions inVerseiy
/ o,ay say as to the second tha' 10
constitution expressly provides 'Aiu-
Gle ". Section - that in case OF ''e
impeachment Of the Governor
the powers and duties of the sara o'i''e
shall dayolve upon the Lieutenant GOV
ornor for the residue of the term Oh
until the disability shall cease
There is. Of course. clear ana sim
rIa distinction between the act OF i'a-
neachment and removal from otnee
~. = Judgment of conviction by the
court for the trial Of impeachmeh'S
and that this distinction was under'
s,ood and intended By the trainers d
,ur constitution is evident from the
,hrosooIopv both of Section Is of Art'
c,e ~ and Section IS Of Article VI. III
tho latter section il is expressly pro-
,.,ded that no judicial officer shall ex'
orcise his office after articles OF I'M
peachment against him have been pre-
ferred to the Senate until he snail nave
been acquitted.
"Ip Section Il OF Article " the Ian
o,aee is in case OF the Impeachment
~ the Governor or his removal IRON
oeIce thus differentiating between i'm
,oacbment. which is merely a calling
80 account. arraignment' (see eye, Vol
~. u. l.737. and removal from once
nv a Judgment in impeachment pro-
ceedinGs. or otherwise.
Furthermore, the Code OF Crimina
Procedure expressly provides tsee sec
tion ,oM that no officer shall exercise
bis office after articles Of Impeachment
AGAINST him have been delivered to th'
Senate until he is acquitted.
Mo Doubt Of His Ground.
.r, would seem. therefore. difficult tt
douht that II there has been a con
stitutional impeachment the finding o
tho articles and their delivery TO TN
Senate creates a legal and constitu
,ionaI disa bllity TO the exercise OF ON
cial functions until, by acquittai, th'
disa bility is removed.
I'm connection with the first poln
Il is necessary TO note that the I'M
neachment of Governor Sulzer wa
considered. the impeachment found ant
the articles delivered TO the Senate dur
ing an extraordinary session OF tn
Legislature.
I'VE know that Section 4, Articl
~ of the Constitution, which relate
! 20 the duties and powers OF the Execu
tive. declares that the Governor 'shal
have power to convene the Legislature
or the Senate only. on extraordinar.
occasions and that at extraordinar.
sessions no subject shall be acted upol
except such as the Governor may rec
ommend for consideration
Does this prohibition extend to pro
ceedings by the Assembly for the i'm
neachment Of the Executive? NJ.
cpinion is that II does not. 1t woul'