The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-09-19
ELEMENTS CLASH
IN PEACHMENT
SULzER TRIAL
Organization of,Court Is Chal-
enged BY Council
COURT OF SO MEMBERS
Forty Votes of Senators and Judges
viii Be Necessary for a
Conviction.

Albany. Sept. 19.-William Sulzer,
governor OF New York. charged by the
Assembly with high crimes and mis-
demeanors, failed to appear in person
yesterday before the high court of
impeachment when it convened at Al
bany to begin the trial which will de-
termine his guilt or innocence. III
stead his attorneys entered special
appearance" in the governors behalf
and challenged the organization of
the court and its jurisdiction over the
accused. The objections of counsel
were oyerruled temporarily by Chief
Judge Edgar NJ. Cullen of the court OF
appeals, presiding. and the impeach-
ment tribunal began to organize. The
court convened at noon and adjourn
ed an hour later until today to permit
a committee of three to prepare and
report rules of procedure.
The first challenge came when Sen
ator James J.. Frawley was called up
on to take the oath. Senator Frawley
is chairman of the legislative commit
tee which furnished the evidence up
on which the Assembly board OF man
ayers based its charges against the
executive Admitting the right to
challenge, Judge Cullen ruled that the
members of the court must be sworn
before any proceedings were taken
and Senator Frawley took oath. Judge
Herrick announced that Senators Ram
sperger and Sanner, members of tile
Frawley committee and majority Lead
er Wagner would be challenged at the
proper time
Senator Wagner, Senator Elon R.
Brown. the republican leader, and
Judge Willard Bartlett OF the court OF
appeals, the committee appointed to
draft the rules of procedure. had prac
tically completed their work last
night. Apart from the adoption g.
these rules interest in today's pro-
ceedings was focused on the expect
ed legal battle over the right of the
challenged senators 10 sit as men,
bers of the Frawley committee, hay-
ing uncovered the evidence against
the governor. should not be permit
ted to assume the dual role of prose
cutor and judge. Although Senator
no objection was urged against him,
as he did not participate in the com
mittee's activities.
The governors attorneys refused
to explain why they proposed to chal
lenge Senator Wagner, The senator
himself suggested that ii might be
claimed that he had assumed pre-
negatives of the acknowledgement
since the impeachment of Gov. Sui
ger. The constitution states that the
acknowledgement shall not sit as a
member OF the court of impeachment
but Senator Wagner asserted last
night that he had laid no claim TO
the office and had not attempted to
discharge any of its functions except
as presiding officer of the Senate, a
duty which he performed, he said as
temporary president.
The suggestion was also made that
in the event of the conviction of the
governor Senator Wagner would be
come lieutenantgovernor in fact and
that therefore it would be improper
for him TO sit in Judgment. Counsel
for the Assembly board of managers
ed the right Of the challenged sena
tors to sit as members of the court.
They will cite. they said, the case of
Senator Stanford in the Dorm i'm
parchment trial back in the COS. The
Senator was challenged because he
had been chairman of a joint com
mittee. as in the case OF Senator
Frawley. which brought in the re-
port upon which the impeachment
charges were based. He asked TO be
excused from sitting as a Judge, but
his request was denied by vote OF
25 to 4. The challenge was overruled
by the same vote.
The impeachment court as constitu
ted yesterday numbered ST. OF whom
IS are senators and nine are judges
OF the court Of appeals. Judge John
Clinton Gray. the 10th member OF
the court of appeals. is in Europe.
but is expected to return before the
trial is completed. Senator John c.
Fitzgerald Of New York. who was alb
sent yesterday on account of illness.
is also expected to return within a
few days. so that by the time the
first article OF impeachment Is sub
mitted TO vote IL is expected that.
with all present. the court will con,
sist Of SO members. In that event IL
will take 40 votes. the two-thirds ma
jority required by the constitution. to
convict.
Upon Senator George r. Argetslng-
er Of Rochester. a republican. will
devolve the responsibility OF casting
the first vote. and Judge willard
Bartlett will cast the second. for.
whether judge or senator. each mem
Der will be called upon tn pass judg-
ment in alphabetical order. This
procedure vas fixed yesterday when
the alphabetical method was used in
calling the roll