Evening journal., 1913-09-23
NOW
ATTACKS BILL
AGAINST HIM
Counsel for Governor CeDterS
Fight on SuffiCienCy Of
OffenSe
HERRICK SHOWS DANGER
OE IMPEACHING POWER
Bv IoHN EDWIN NEvIN.

staff Correspondent Of the United Press.
ALBANY, n. Y, Sept. 23.-Driven
into their last line Of defenses, the Sui
zer lawyers today brought their heay-
lest artillery to bear on the impeached
governors foes. With technicalities
swept away they centered their fight
on the sufficiency of the offcnses charg
ed, with ID. Cady Herrick leading the
argument.
Herrick emphatically declared that
he and his associates had no desire to
shield Sulzer.
"This is a government of laws and
not Of men, he began. "The assembly,
in preferring articles Of impeachment,
and the court for the trial Of the inn
peachments are both governed by the
laws Of the state, and the law Of the
state is that public officials can only be
impeached for 'wilful and corrupt mis-
conduct in office
"While we are concerned for Mr. Sui
zer, we are more concerned for the
proper administration of the law. We
are concerned for all executive officers
who are subject to impeachment, for
the precedent now to be set by you will
not only control all future proceedings
in this state but will be vastly infiuen'
tial in controlling and directing similar
proceedings in every state OF the un'
ion"
Herrick then quoted at length from
early decisions of the Supreme Court Of
the United States, which, he said, upheld
his contention.
"The power Of impeachment is spoken
of by Hamilton as an awful power, II Il
has no limits" continued Herrick.
at is respectfully submitted that this
court should interpret the law to confine
TO impeachable offenses the 'wilful and
corrupt misconduct in public office and
not to extend It further than IL has ever
before been extended in this country OF
lin England for over two hundred years
so as to include offenses committed by q
lprivate citizen before he became a public
of6cisl.
ITO extend il is 10 make the impeach
ing power a truly awful power. NJ
statute Of limitation will run against II
An upright, honest official may have al
unfortunate past which may be know
to corrupt and unscrupulous leaders VIII
place him in public Office, and then wit
threats Of exposurs endeaynf 10 coerc
, him 70 abuse the power Of his office, an
failing in that, cause him TO be i'm
peached. in form. for crimes and otfense
committed out Of office, but in fact 70
his refusal 20 commit crimes while D
office.
'T cannot. I will not, believe tina
this great court will set preceden
, that will extend the law beyond wha
is written and place the honest pub
lic official. who may have erred,
, the mercy Of blackmailers and scan
dalmongers, political or otherwise
, The witnesses began to troop int
} Albany today The various hnan
{ lciers. who are alleged to have fur
nished funds TO the governor whic
= lii is claimed he appropriated to hi
z own use, are on hand. Il is the In
: Itention OF the attorneys for the i'm
peachment managers TO push the case
e to the limit. Judge Parker said to
s day that he hoped to complete his en-
d tire case against the governor by tn
a last of the week. II is the hope {
d Presiding Judge Cullen that tn
n whole case can be completed an
n arguments heard within a fortnigf
e OF three weeks. II is understood thi
s he plans to hold the lawyers closel
n to the limits laid down by the pen'
ie code and he has already made IL yer
It plain that he will tolerate no appeal
IS to the gallery.