Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-19
SULZER REFUSES
To APPEAR IN
TRIAL COURT
New York Governor Defes Body
Sitting to Try Him on I'm
parchment Charges.
Continued from Page I.

member of the Court of Appeals who |
will not sit at the preliminary pro
| ceedings. Word was received from
Europe to-day, where he has been So
| journing to the effect that he would
not be able to reach Albany until
october /. Judge Gray also wrote
| Senator Wagner to this effect.
1 Judge Gray is to retire from the
Court of Appeals bench on December
81.
| Long before the court convened !
| there came to the Capitol struggling
line of eager spectators. There were
men and women alike in the process
| sion
As the first Of the Senators came
along IT became known that a mid
| night Matched plan to delay the court |
would not be tolerated. Manager
Aaron J. Levy. chairman Of the board |
named to prosecute the SulZar |
| charges, confessed the failure of the |
! scheme as he came tardily to his !
| place.
The assembly will not make any
| additions to the Impeachment charges
! to-day," said Mr.. Levy
! As the notice of the change Of front |
came there came a direct statement
| that serious charges had been pre- |
| pared against one Of the Tammauy !
| leaders, man who in the Senate !
! holds a chief place in the Sulzer pros |
| ecution.
sulzer Bomb Discounted.
1t was expected that this Sulzer |
| bomb would create a sensation, but it |
was discounted, and if the threatened |
| exposure lands. the Tammany chief |
says it viii be a flash in the pan
Acting Lieutenant Governor Wag
ner took his place at 11;25 and called |
the Senate to order for the real open
ing of the court of Impeachment. |
| Every Senator except John G. F1tZ- |
gerald-4S in all-faced the presiding |
officer and answered the roll call.
Senator Murtaugh offered this res
olution:
Resolved, That a committee of two !
be appointed to notify the Court of |
Appeals that the Senate is ready To |
join with them in converting the court |
of impeachment for the trial Of Gov |
ernor Sulzer and to escort the Court |
of Appeals to the Senate chamber"
The President named Senators |
Murtaugh and Sage to 1otify the |
court. They departed on their mis- |
sion and there came a hum of con- |
versation from the floor of the Senate. |
At 1901 the committee came slow |
ly into the chamber, followed by the
court.
carmody Given Seat.
Attorney General Carmody was as
signed a seat in the Senate chamber
and personally will observe the entire
| impeachment proceedings.
| The attorneys for Governor Sulzer
occupied seats on the northeast side
of the chamber at long tables, while !
| the opposing counsel sat opposite di.-
rectly in front of the assembly man |
ayers Chester c. Platt secretary to |
| the impeached Governor, was in the |
! first row of the gallery with two la
| dies, relatives of Mr.. SUlEer.
/ When the chief judge came to hls
! place. the President Of the Senate |
| took the gavel and said:
THE assembly of the State having |
| presented to the Senate articles of
| Impeachment against William Sulzer, |
| Governor of the State the President |
| Pro Tempore of the Senate, in &C |
cordance with the law, has summoned |
the Senators Of the State and the |
! Judges of the Court of Appeals 20 |
convene at this time and act as a |
court Of impeachment, and the first |
proceeding in order will be to call |
| the roll and see that a majority u |
the Senate and Court Of -Appeals are
in attendance. as required 20 cOnsti- |
tute a valid court"
Only One Senator Absent.
The roll call showed all except |
Judge Gray and Senator fitzgerald |
| present.
The chief judge formally DECLARED |
| the court to DE in session.
Patrick r. McCabe. Clerk of the |
Court, administered the oath to Chief |
Judge Cullen, and then the court
| Crier. George Harris, intyned the for |
NAL, Hear ye hear ye," that put the |
machinery of the court of impea2h- |
ment in motion.
Important Ruling Made.
Then came an important decision. |
| The Court Of Appeals is composed of
| seven members. There are three jus |
! tees of the Supreme Court desig
mated to aid the court in clearing its
| calendar. Chief Judge Cullen called
| attention to the state of affairs and
! gave out the opinion that all of the
members were entitled to sit as
! judges.
| Judge Cullen said the decision was
| TO be made by all the members Of the
! court, and he merely assumed to ex-
| press his views. which he based upon
| the Constitution of 1876 II there was
| any objection on the part OF any
| member he asked that such objection
| be stated when the names were
called 1t was his personal opinion
| that the designated members of the
! court were fully vested with power to
sit in the court of impeachment.
| Judge Alton b. Parker rose for the
| board of managers and said that on
| behalf of the managers they gould see
no reason why the full court should
not sit
Counsel for the respondent" said !
| Judge D. Cady Herrick. have Consid- |
cred this matter and have no doubt |
| either as to the legality or the advis- |
| ability of the decision"
| With the court matter out of the |
| way the Chief Judge proceeded to |
| administer the oath Of judgeship to |
each member Of the court. The names |
were called in alphabetical order |
| Frawley, the big Tammany Senator. |
sailed briskly down the aisle in re- |
Sponse to his name.
Frawley's Right Challenged.
Instantly Judge Herrick was on nis
! feet He challenged Frawley's right |
to sit
The Chief Judge challenged the
right of counsel 10 make the chal- |
enge at tFis time. saying:
The presidents in the trial OF
Judge Bartlett are not controlling !
The members must be sworn before |
taking any action lIpOn the i,,Oea oh