The Washington herald., 1913-09-14
Majority Of the State Senate
and a Majority Of the
Court Of Appeals to Sit as
Judges-H Hearing Probably
Will Drag for Weeks.

executive will go TO trial for heh
crimes and misdemeanors' when cover
nor William Sulzer faces, on THURSDAY
next, a majority of the Senate and a
majority of the Court of Appeals. sitting
as a High Court OF Impeachment.
special counsel for the State of New
York, to prosecute the Impeachment,
will summon Sulzer to the bar. Aaron j.
Levy, majority leader Of the Assembly.
and Chairman of the Assembly Board OF
Managers. will have direct charge OF the
prosecution, for IL was the Assembly
that impeached Sulzer, as prescribed by
the Constitution. SuIZer, who still main
tains his right TO the Governorship, will
be defended by a brilliant array of
counsel.
With SuIzer on trial the battle between
New Yorks Peoples Governor and
Tammany Hall, the political organization
that made him. and is now setting cut to
break him, will near its end. 1t is
political quarrel that will go down in his
tory.
SuIzer Appears Confident.
1t will he a dramatic moment when
Sulzer steps before the Court of I'm
parchment, with Chief Justice Cullen,
of the Court of Appeals, presiding. There
have been many rumors of what SulZers
defense will be, but no definite statement
Of what course il will take could be OBJ
tanned from any of his counsel today.
On the eve of his trial Sulzer appears
confident So, for that matter, do his
enemies. They say that the Court Of
Impeachment will not be affected in
any way by the feeling of popular SYM
pathy for Sulzer. 1t will be cold, calm
proposition OF whether, SIIlzer was or
was not guilty of malfeasance in office.
A question of whether, as charged by
the Assembly, he did or did not speculate
-, lon
OF whether he did or did not fail to give
a true and correct list of his campaign
contributions in his sworn statement OF
campaign receipts and expenditures.
Wife May Defend SuIEcr.
1t is possible that a dramatic, perhaps
pathetic touch will be given The pro-
ceedings by the introduction of the name
of Mrs. Sulzer. 1t is said to be likely
that Mrs. SulZer will stand by the state
ment credited to her in which she .s
alleged to have said that it was she who
speculated in Wall Street with campaign
funds, without the Governors knowledge.
Ii this is TO be the SulZer line OF de-
fcnse. Mrs. Sulzer will he forced to
make very humiliating admissions upon
the witness stand, an ordeal that would
be very trying to her and a proceeding
which even SulZers worst enemies would
prefer TO avoid.
Before the Court OF Impeachment can
commence TO hear the charges drawn
by the Assembly, there must be at least
four of the judges Of the Court of Ap-
peals present and at least twenty-siX
members Of the Senate.
Edgar NJ. Cullen is chief justice of the
Court of Appeals Associated with him
are Justices John Clinton Gray, Will
lam L. Werner. Willard Bartlett, Fred
erick Collin. William Fl. Cuddeback, and
associate justices. not elected. as were
all of the foregoing. but designated by
Governors at different times because of
the press of litigation before the court
Emory A. Chase was designated an as
sociate justice in 1896. Frank II. His
cock is also an associate justice. JUS
ticc Nathan Miller was designated by
Sulzer himself in January last.
Difference of Opinion.
There is much difference of opinion as
to whether these designated justices will
be legally entitled to sit a part Of the
court. SOr1e attorneys assert that they
could not take part. whereas others as
sert that while they have every legal
right to do so, it is probable that the
justice appointed by Sulzer will decline
10 take part in the proceedings.
1t is ridiculous to suppose that the
political beliefs of the members of the
Court of Appeals would have anything
to do with the outcome of the trial, but
it is interesting, nevertheless, to note
that, not counting the designated JUS
tees only one judge of the august
tribunal is a Republican. If the desig-
mated justices are considered, it brings
the Republican members of the Court of
Appeals up to four, as against six Demo-
Gratis.
Frederick Harris, of Binghamton,
court cricr, will really get the court
under way when his cry of Hear ye.
Hear ye," is heard. The clerk of the
Court of Appeals will not act as clerk
of the Court OF Impeachment. Pat
rick r. McCabe, clerk of the Senate.
will act in the capacity of clerk of the
court.
Answer to BE Filed.
Probably the first formal move be-
fore the court will he the filing of an
answer by attorneys for Sulzer. Be
Iides being a general denial of all of
the charges, this answer will probably
conclude with the prayer that the
Court of impeachment dismiss the
charges on the ground that the i'm
parchment was found when the As
sembly was in extraordinary session.
Gov. SulZer maintains that being in
such extraordinary session, called by
him for the purpose of considering GER
Tain legislation, the Assembly could
not legally take up matters other than
those for which the Chief Executive
summoned it into session.
Many technicalities will have to be
disposed of before the court can get
hown TO actual business. There will
be much argument and oratorical fire.
works on the plea of the Sulzer de-
Tense for the dismissal of the impeach-
ment. Scores of other technicalities
are certain to arise, and it may be
some time before special counsel can
omen the case for the Assembly and
the State of New York.
II has not yet been decided whether
the justices of the Court of Appeals will |
wear their black silk robes. Also moth |
ing definite has been announced regard |
ing the methods and rules of procedure |
There are no precedents in New York |
State for the trial of a Governor, and |
the only guide the court will have will |
be the constitution of the State, and |
precedents established in other states |
and the records of Federal impeach- |
ments. Therefore, one of the first duties |
Of the court will be the PRONUNCIATION |
Of a set of rules to guide the conduct |
of the attorneys.
VIII Not Interfere.
It has been feared that the session OF |
the Court of Appeals, scheduled for Sep
ternber %. would interfere with the trial, |
which probably will last for consider
able time. It is said now, however, that |
IL the Sulzer trial is still in progress on