New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-24

vice on Governor Sulzer.
These formalities completed. the tax
ing Of proof Of the impeachment
charges will be begun. Jacob III. scniiI
will be called to the stand.
He will he Intercepted by lsloor
Kresel, OF the prosecution. about the
$500 check TO William Sul5er with
the notation on its face that II was
campaign contribution the existence OF
which was disclosed by the Frawley
investigating committee. IT is ex-
peoted that Mr.. Schiff will testify that
he gave this check 10 William sulzer
personally. Henry Morsenthau Will be
summoned to testify about his SloO
check. which the report Of the Fraw-
lev committee says was Endorsed by
sulzer personally. and Mr.. Elkus will
he asked about his check for $500.
LEADING Way 10 Wall Street..
Following more testimony of this nature
about the extent OF the suzer campaign
funds will come testimony about the Wall
Street accounts Of the Governor and the
checks with the Sulzer Endorsement which
turned Up in stock brokers' offices. The
LAWYERS for the board Of managers have
about sixty witnesses under subpoena.
They expect ii will take about week TO
present their direct testimony. II is en-
actly this testimony. the Impeachment
Board contends that will Gust William
SulSer from offloe.
THE world hates liar" said Mr..
Bracket, in arguing the propriety and
legality of the articles Of impeachment.
but il is not for lying that We ask the
conviction OF William Sulzer. In pur-
suanoe Of the imperative directs Of the
statute-a statute based on the soundest
reasoning-he is charged with filing a
false certificate OF contributions made TO
him. In doing so he violated the law and
committed crime. Appended TO this
false statement is all affidavit duly sworn
70 before a magistrate attestins to the
correctness Of the statement.
Argument is not here as 10 whether
the crime OF perjury may be predicated
upon this false sf1dayit, but whether
guilty of legal perjury, or whether on
auihble that finds its congenal atmos-
phere at the Old Bailey or the Tomhs
police court, he shall escape judgment of
that loathsome crime nc intended to
commit. perjury. ana believed he was
committing in subscribing this oath.
Bracket Quotes Old Case.
All the blackness Of heart, all the in
tention 10 90 wrong. all the revelation OF
Infamous character that are demonstrated
by legally false oath are demonstrated
by this intention, as 700. by the certificate
itself. the violation OF the statute designed
10 prevent corruption at the polls"
Mr. Bracket began to argue for the
prosecution Just AT the close Of the morn
ing session. after Louis Marshall and d.
Cady Herrck had presented the Sulzer
side OF the case. He said the matter
simmered down TO a question on which
there were and always had been two
sides violently contested--one that I'M
parchment could be had only for indict-
able crimes: the other. that il was not
prosecution for crime at all, but was
mere inquest Of Office designed for the
protection Of the government. There was
no use I'm going back Of the Johnson trial,
hc said. in search of authorities; the
briefs there held everything worth while.
lie quoted from the brief of Judge Will
lam Lawrence. revised by General Butler.
as follows I'VE define. therefore. an i'm
reachable high crime or misdemeanor' 10
be one in its nature or consequences sub
versive Of some fundamental or essential
principle OF government or highly preju
dicial 10 the public interest and this may
consist Of a violation OF the Constitution.
OF law. Of an official oath or of duty by
an act committed or omitted, or with vio-
lating a positive Law. by the abuse Of dis
cretionsry powers from improper motives
or for any improper purpose"
Draws on Archibald Case
He quoted also from the Common
taries on the Constitution by John Ran
dolph Tucker as follows: ITO conhne the
Improbable offences to those which are
made crimes or msdemeanors by statute
or other specific law would too much con-
strict the jurisdiction TO meet the obvious
purpose Of the Constitution. which was by
impeachment 10 deprive Of Office those
who by any act of omission or commits
sion showed clear and fragrant disquali-
fcation 10 hold H."
and decisions as late as that in the Arch
bald impeachment 10 bear out his conten-
ton that impeachment offences were not
limited or defined by statute as crimes,
and that the jurisdiction Of the Court Of
impeachment was unlimited: that the
court itself was the sole Judge OF what
constituted an Improbable offence He
accepted Fosters statement, but the
judgment OF the Senate OF the United
States in the cases Of Chase and Peck. as
well as those OF the State Senates, In the
different cases which have been before
them. have established the rule that no
Officer should be impeached for any act
that does not have at least the charac-
teristics Of a crime"
The articles OF impeachment in the Sui
zer case. Bracket continued. alleged
actual crimes, not merely acts which had
the characteristics OF crime particularly
the articles challenged ty the Sulzer side.
This is no tri,' for disgusting manners,
nor for lack Of signify, nor for immeasur-
able Boosting T. he said. "All Of these
may be offensive 10 the last degree, but
they are not in the charges here. nor.
likely, improbable The defendant is
charged with crimes, all matters punish
able by fine or imprisonment"
The fact that they were indictable. he
said, did not interfere with impeachment;
indictment could, and properly should,
follow the impeachment trial.