Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-24
WON'T DECIDE
SULZER MOTION
TILL TRIAL ENDS
Court to Hear Testimony Be-
fore Passing Upon Rel
evancy of Charges.
GOVERNOR DENIES EVERY
ONE OF THE ACCUSATIONS
Opening Address of Mr.. Lamb,
Opposing Counsel, Starts
Actual Trial.

ALBANY, n. Y, Sept. 24.-Final de-
cfsion on the defense's objections to
including the money articles" OF i'm
parchment in the consideration of the
Sulzer case. will not be given until
all testimony has been taken. The
court voted 40 to today to follow
this procedure. Those voting no were
all Democrats
Governor Suffers answer to the
eight articles of Impeachment filed
with the court today entered a gen.
eral denial to each and every one of
them.
The crucial point in the preliminary
work Of the Sulzer impeachment trial
was reached today.
Several members of the court were
absent when Attorney Austen @.
Fox resumed his argument in behalf
of the Sulzer contentious. He opened
BY attecl1ing the statement of Judge
Parker that the constitution permits
the assembly to impeach at any time
FOR any cause.
An Unheard of Doctrine.
This attempt on the part of the
f11anagers to remove William Sulzer
for acts performed while he was a
private Citizen he said, SIS a novel
doctrine never before heard IN any
court of justice, never broached In
any Constitutional convention, never
submitted to any English speaking
people.
& "unhappily, a scant majority of the
Assembly, prompted by what motive
we shall not attempt to guess, are
now praying this august tribunal to
do away with the limitations with
which the wisdom of our fathers
has surrounded the exercise of the
great power to accuse of willful mis-
conduct In office.
IT was to be expected that, sooner
or later, the popular branch of some
Legislature, acting in the heat of po-
iifical excitement, possibly, with a de-
sire to crafty the personal enmity of
some powerful political leader, might
seek to overstep the we'll settled 1inli-
tations of their lawful authority
sIaps at "Popular Leader
I'VE cannot shut our eyes. to the
TACT that there is today large num-
ber of our fellow citizens led by dis
x5trnished and popular leaders,
4<fbse very political creed embodies
\ 1rnpatience of constitutional re-
Z 1kfaint and who demand tl.at the
sf1f3al test shall be not a judicial in,
the duly ascertained wish of the ma
jority of the moment.
"If the view of the honorable man
a4ers be correct, then. indeed. all
duestion of constitutional limitation or
construction is beside the mark and
this court should proceed to register
Whatever decree it may be persuaded
will best please the present public de-
mand.
1--WE shall all do we'll, when urged
to disregard the principles establish
ed by law to recall the words of one
of the greatest judges, TO press for
ward to a great principle by break
ing through every other great prin-
ciple that stands in the way of its
establishment, is as little consonant
to private morality as to public JUS
tice"
Mr.. Fox's address was marked with
many flights of oratory, to which the
members listened with marked at
tention.
Judge Cullen Gives Opinion.
Presiding Judge Cullen then gave
his opinion on the motion.
81 have a strong notion" he said,
.'as to how we should deal with TINS
auestion-that we should reserve de-
cision upon it until the final decision
of this case. 1t is not an unusual
practice, and there are reasons why
il seems proper to adopt it,
I'm my judgment you cannot char-
acterize either the charges or the
ohiections as frivolous. Not only this,
but It has been almost the universal
custom. so far as l know, gentlemen,
and so far as my reading and famli-
iarity with the proceedings by I'M
neachment goes, to decide the ques-
lion as to whether the acts charged
were impeachable offenses or not Win
tbe final submission of the case 10
the court. In many OF the cases tne
most prominent. the dispute has not
been so much as 10 the lac's as "
that very question.
an the most momentous prosecu-
tion nv impeachment of which the
hool.s give us any record, that OF
prasident Andrew Johnson. the turn
,ng noint at least the dominant point,
was the question whether the removal
of Mr.. Stanton was violation Oh
the tenure of office act. and Whether
that act was constitutional-the uni
go, CURRENT of authority previous to
tbat time having been that the Presl-
dant under the constitution. had an
unljmited power of removal. Inc
ma ior mart of the argument IN thal
case was addressed to those ques-
tions.
Great divergence of Opinion
Now, gentlemen, there is no SUD
iect on which there has been more
divergence of opinion than as 70
what constitute impeachable oHenses
On that question the greatest advo-
Gates and text writers are not IN ac-
cord. That constitutes strong rea-
son for the course | propose
1T seems to me not wise 10 decius
j.. this case piecemeal. half today and
half next week OF course, what de-
cision was made today or what was
the vote of any member of this court
today would not be binding wien
YOU come to the final determination
but is it not wiser for us not to COM
NIT ourselves even to any extent?
ut wuld be very inconvenient 10
adjourn now to let us look up the
authorities to consider the points
carefully that hae been raised. There
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