The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1913-09-12
.SULzER IS STRIPPED
OF ALL HIS POWERS
Supreme Court Justice Decides
Impeachment is Regular.
HAS NO PARDON RIGHTS
peachment Was Brought Up in
Connection With Habeas Corpus.

-.
tice Hasbrouck. of the state supreme
court, today decided that Governor
Sulzer was regularly impeached and
while awaiting impeachment trial
was dlivested Of the right to exercise
his executive functions, including
the power of pardon.
The question of the legality of
Suffers impeachment came before
Justice Hasbrouck in connection with
habeas corpus proceedin g brought
to compel the New York city author
tiles to honor Governor Suffers par
don of Joseph G.. Robin, the bank con-
vict. He decided that Robins par
don was invalid, quashed the writ,
and sent Robin back to prison.
Attorneys representing Sulzer and
Robin had argued that the impeach-
ment was illegal because voted by
the assembly at a special session,
which was not called expressly to de-
eide that question The court re-
fused to sustain this contention. The
decision upheld the argument of the
New York corporation counsel who
maintained that the assembly when
it impeached acted in judicial and
not a legislative capacity and was
properly in session.
The assembly voted to impeach
Governor Sulzer August 13. AL
though it was reported Immediately
that the governor would seek to
overturn the assembly's action by
recourse to the courts, Justice Has
brouck's decision today was the first
ruling made by any court on the
legality of the impeachment.
Argument on the validity of the
writ of habeas corpus was heard
Monday. The points raised Were
Governor Sulzer impeached and,
whether he was divested of his DOW
ers pending trial.
"The subject of impeachmeRt,., :,
says Judge Hasbrouck, like the
power of a legislative body to pun
ish for contempt, has a different
the action of both branches of the
legislature and the governor in order
that laws may be enacted.
"The power conferred upon the
assembly to impeach the governor is
judicial power. The power of i'm
peachment, therefore, cannot be par
ticipated in by the governor or SEN
ate, and therefore, does not consti-
tute a Legislative subject"
Taking up the claim that even if
properly impeached, disability does
not fall upon the governor, Justice
Hasbrouck discusses the contention
that the law still presumes the inno-
cence of the impeached.
"There is a wide difference be-
tween the state and the national con-
stitutionS on the result of the i'm
peachment of the governor or Presi-
dent. The President, by impeach-
ment, is not suspended in or ousted
Nf ,04f ~.
rule of the presumption of innocence
remains undisturbed. Under our
constitution, II. our Interpretation of
it be correct, this fundamental rule
in the criminal law is invalid"
The question, he points out, is sec
tion six of article four of the state
constitution that in cases of the i'm
peachment of the governor or his re-
moval from Office by death, inability
etc, the powers shall devolve upon
the lieutenant governor, until the
disability shall cease"
Judge Hasbrouck says:
1.-THE presumption of innocence
may still be claimed by the accused
but he is quite as effectually shorn
of his power by the provision, which
needs no Interpretation, and which
is perfectly clear, as if a judgment
of eviction had been passed against
him, unless he is acquitted. For
what ia disability following impeach-
ment under this section by suspen-
sion, and what is suspension but re-
moval from office? 1t seems an un-
justifiable and unreasonable provis-
ion. For delay in the prosecution to
the end of the term. works the same
result in the main that judgment OF
removal would, and delays in such
proceedings have been known to be
long. The impeachment proceedings
against Warren Hastings lasted
thirteen years.
However full of or wanting i'm
reason, the province of the court is
only to say what the law is"