The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-23

BRUSHED ASIDE
BY HIGH COURT


4
Continued From First Pagc)
But It appears by referring to the
Senate documents for 1873 that when
! the report OF this commission was sub
mitted to the legislature II added
| thereto the reports OF special commit
tees to the constitutional commission
/ in reference to the change that 1t
| recommended.
'Of course. the effect OF that consti-
tutional provision depends upon the
action of the Legislature and the vote
| or the people. and the construction
upon that BY the commission which
recommended IL Is not conclusive, hut
| 1t is cogent and at least disposes OF
any argument that may he made on
account OF adoption OF different
phrascology in this section now en-
acted from that which was adopted by
the convention OF 1865.
| ImpeachinE Power Not Limited.
And when YOU look further there
! was no reason that can see why II
/ should have been intended to limit
the power or the assembly as TO i'm
parchment. The evil. or what was re-
garded as the evil. WAS the disposition
to enter into general leg islation.
That appears from this report, ana
any one familiar with the discussions
! must be aware OF II. and 1t Is per-
| fcctly apparent that, under that pro-
vision. any business cannot be stretched
to tho utmost limit.
II therefore am OF the opinion that
this does not come within the inita.
ton of the Constitution at all. Ws
must give n reasonable construction
OF II. and 50 construed tho subjects ali
relate to what the Legislature as n
body can be and not to Tho power
| vested In one branch OF the Icgisia-
turc."
Vote Is Overwhelming.
two Of the justices OF the Court OF
Appeals spoke briefly IN the executive
session but the law WAS given by tho
presiding judge. Justices Werner ana
Chase reserved the right TO discuss
the question later when the first ten
.ative vote was taken.
On discovering how overwhelming
the sentiment was in support OF their
opinions. they decided that this was
! unnecessary.
Senator's Carswoll. Foley and Thomas
all asked and got enlightenment from
the presiding Judge on doubtful points
The first vote was cast by Senator
Arcetsingcr OF Rochester. because Of
his commanding alphabetical position.
and was decidedly IN the negative.
Argctsinger is "a Republican.
The absentccs were Justice Gray and
Senators Brown. Carroll. TitzGeraic
Thomas. Walters and Wheeler
Senator Wonde. the one d!ssen'cr,
said tonight that he interpreted the
construction differently iron. hts
brothers OF the court.
Wcndc JIns II Right.
now" said wendc, but 1t will rna&H
no difference with the result lie VIII
be acquitted unless he is, convicted"
Mr.. Marshall took the floor on the
reconveninF Of the court at oc.Gck
to conclude tho argument on whlch
he spcnt all OF Friday afternoon He
said that even the Decalogue would
be considered a series OF technlcalit ties
at times. He compared the SulZer trial
with lynch law and the reign OF
l,obespierrc and Murat.
, with Marshall during the course OF the
iatter's final argument asked what
would happen in case a oiovernor, oi IN
, Dardon himself. Marshall replied: II
, counsel We're familiar with IN, the Con, Con-
cannot be n pardon for treason"
Lawyers In Tilt.
\ tilt between the two was, cut
r the lawyers TO address the court When
Bracket insisted on addressing al
arguments TO the presiding judge ne
court. counsel. Remember that tbs
y presiding member is only ne-sixtiett
: Once Marshall said: The presi-
= dent is such when the Senate is in
session. OF course. an Impeachment
~
!, on Fourteenth street or at the throne
! room at Demonicos and make thai
. an Impeachment"
e ''Or at the Republican Club growlco
Justice Cullen CURLY Informed tho
belligcrents that he could find no pro
vision in the Constitution concerning
the rights Of tho president OF the Sen
ate and cut short the argument.
Senator Murtagh inquired of Mar
shall IL no believed that n Governor
could be tried by jury without over
aweing the jury. Marshall said al
y citizens were equal before the law
Thercupon Judge Parker announced
: that the right OF jury to try thu
chief executive had never been full!
settled.
Summed Up In Sentence.
The arguments in answer to Marshal
were made by Bracket and Parker
The latter's case was summed up II
his quotation from Senator Sumner Il
the Johnson trial.
Great God. is there any possible
question except this man Is guilty
= Bracket insisted that the term Legis
laturc in tho constitutional prohlDitol
OF any act by an extraordinary session
OF the Legislature save by recommon
dalton OF the Governor could not meal
q Assembly.
He said the Constitution gave tn
Assembly tho right to impeach' an
that settled 1t. Parker also took thu
ground. laying special stress on TN
decision OF Justice Hasbrouck