South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-23
DECISION IS MADE
IN SECRET SESSION
Sen. G. H. Wende Claims That
When Body Adjourned it
FOreCIOSed Any Right to Vote
on SuIzer Charges.


William Sulzer must go to trial This
was decided by the high court OF i'm
peachment Monday night. when, by
q vote Of 81 10 one its members over
ruled the motion of the governors
counsel 10 dismiss the proceedings on
the ground that he was unconstitu-
uonally impeached by the assembly
because that body was in extra ses-
sion when the impeachment was
brought.
Sen. Gottfried II. Wende of Buffalo,
democrat, an ardent supporter of the
governor. cast the solitary nay. while
seven members of the court were alb
sent.
The governors defeat was the sec
ond that has marked the battle
waged by his attorneys to annihilate
as far as possib e. the impeachment
proceedings. Last week the court
thwarted their attempt to prevent
four senators from sitting as mem
bers. Their remaining ammunition
consists OF arguments TO prove that
certain of the Offenses charged
against the governor are not impeach-
able. These arguments will be heard
Tuesday.
In Secret Session.
Monday nights vote was taken i'm
secret session after an afternoon de
voted to speeches by the opposing at
torneys. When the time came for
the court TO render its decision.
Presiding Judge Cullen announced
that he did not feel inclined to use
the power granted him under the
rules 10 be the first To express an
opinion.
My brethren" he said, you will
readily appreciate that the point
which has been discussed goes to the
very foundation of this proceeding
If decided in one way the proceeding
must necessarily stop. You have the
power TO clear the court for private
consultation under the rules"
This was done on motion of Judge
Collin, but the vote was later an
nOunced i'm a brief public session and
the record of the proceedings was inn
mediately made public. It showed
that a tentative roll call on the mo-
tion was Immediately taken and that
the presiding judge delivered a long
opinion on the points at issue when
his name was called. 18th on the list
Judge Cullen's opinion i'm substance
was that the provision Of the consti-
tuition which limited the acts Of legis-
lature in extra session to such sub
ieCts as were recommended 10 il by
the governor should be given a rea-
sOnable construction. It upheld the
contention of the prosecution that
the provision referred to the legisla-
ture as "A whole aud not 10 the as
sembly as an independent body.
so construed" said Judge Cullen
these subjects all relate to what the
legislature as a body can do and not
TO the power vested in one branch of
the legislature
Sen. Wende Votes No.
The tentative roll call brought from
Sen Nende the only negative vote.
The call was followed 10y a viva voce
vote and then with final roll call
with the same result. Wende ex-
planned his vote in a brief argument
I'm which he held that when the as
semhly adjourned sine die some weeks
before recOnVeuing to bring the i'm
parchment articles. they foreClOsed
their right 20 act upon any question
of Impeachment when called together
I'm extraordinary session"
judge Cullen's opinion in part was:
1T is urged 10y the learned counsel
for the managers that the assembly
has the inherent right TO meet ut any
time and present articles of impeach-
ment From that doctrine I dissent
in to;O. It is true that it is the as
sembly that has the right given il by
Nlt- tfllHA4t Ntl0U lt1 I'm peach OUT the
assembly does not consist of the in
dividual members of its body except
when they are duly assembled. That
IS plain elementary parliamentary
law. II Is also the common law ap-
plying 10 all bodies.
The constitution gives the as
sembly power 60 impeach. III was in
regular session. I use regular ses-
sion in the sense that 10 was regularly
convened i'm response To n call bN the
governor. Now. having the power OF
Impeachment. it could exercise that
AT any time unless we hnd another
provision in the constitution which
restricts DO or forbids It, That pro-
vision is claimed 20 be found in the
fourth section of the fourth article
IN the constitution in which il said
AT extraordinary sessions. no sub
iect shall be acted upon except such
a. the governor may recommend for
consideration