The Birmingham age-herald., 1913-09-12
WILLIAM SULZER
LOSES IN COURTS
Judge HasbrOuck Decides
He Is Impeached
PARDON is INVALID
PARDON IS INVALID
Supreme Court Justice Quashes Writ
of Habeas Corpus Issued by De-
posed Executive-SendsP Pris-
oner Back to Jail

Kingston. n. Y. September 11-Justiee
Hasbrouck of the state supreme court to-
day decided that Governor Sulzer was
impeached regularly and while awaiting
, impeachment trial was divested of the
right to exercise his executive functions.
including the power to pardon.
\ question of the legality of the inn
peachment came before Justice Hasbrouck
in connection with the proceedings brought
to compel the New York city authorities
to honor Governor Sulzers pardon oe
Jose G. Robin, the banker convict on a
writ of habeas corpus
He decided the pardon of Robin was
invalid, quashed the writ and sent Robin
back to prison,
Attorneys representing the impeached
governor and Robin had argued that the
Impeachment was Illegal because voted
by the assembly at a special session.
which was not called expressly to decide
that question.
The court refused to sustain this con-
tention The decision upheld the argu-
ment of the New York corporation coun-
sci, who maintained that the assembly
when 1t impeached, acted in a judicial
and not a legislative capacity. and was
properly in session.
The assembly voted to impeach Gov
ernor Sulzer August IS. Although IT was
reported Immediately that the governor
would seek to overturn the action of the
assembly by recourse to the courts. Jus
tice Hasbrouck's $ decision was the first rul-
ins made by any court on the legality of
/ the Impeachment.
Arguments on Writ Heard
Arguments on the validity of the writ
of habeas corpus We're heard here Mon
| day. The questions raised were. first.
whether Governor Sulzer was impeached,
| and, second, whether he was divested of
his powers pending trial.
! The subject of impeachment" said
Judge Hasbrouck, lis like the power of
legislative body to punish for contempt.
| But it has a different character from Il
subject refusing the acceptance of both
branches of the legislative and the gov
ernor. In order that laws may be en-
acted subserviency is requisite. The gov
ernor is not the judicial power. The
power of impeachment, therefore, cannot
be participated in by the governor or sem
ate. and therefore does not constitute the
ethics Of a legislative subject"
| Taking up the claim that even If prop
erly impeached. disability does not fall
upon the governor. Justice Hasbrouck dis
eusses the contention that the law still
presumes from the Peekskil to the At
lantlc the innocence of the accused.
Judge Hasbrouck's Statement
There is a wide difference of opinion
| on the impeachment of governor or a
| President. The latter by impea
| himself is not suspended in or ousted OF
his functions, and therefore the rule of
| the presumption of innocence remains un-
disturbed. Under our constitution If onr
| Interpretation of 1t be correct this fun
| damental rule in the criminal law is In
vaded. This invasion is section of ar
| ticle of the state constitution that In
| cases OF the Impeachment OF the COVER
nor or his removal from office by death
| and inability the powers shall devolve on
the lieutenant governor until the disability
shall cease. The presumption of nno-
| cence may as onus probandi be claimed
| by the accused, but he Is quite as eff
| feetiyely shorn of his power by the pro-
vision per Sc, which needs no interpre-
tation and which Is perfectly clear as
If Judgment of eviction had been passed
against him, unless he is acquitted In toto.
For what is disability following i'm
parchment under this section but sus-
pension of prerogatives? And what Is
| suspension but removal from office?
1T seems an unjustifiabe and unrea-
sonabe provision. For delay In the prose-
cution to the end of the term works the
same result in the main that judgment
of removal would Delays In such pro-
ceedings have been known t.. tedious
"fhe Impeachment proceeds galnst
| Hays lasted 13 years. Howeverf l of,
or wanting in reason, the provft e OF
the court is only to say what the law is