Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-10-23
WILL NOT BE DISQUALIFIED
FROM POSITIONS OF TRUST
Nine Judges of Court of Appeals Divided on
Question of Governors Guilt-Votes of
80 to Is and 43 to 14-Judge
Cullen with Minority.

Sulzer, nominee" when he sought con-
tributions to his campaign and that
those who gave money had done so ito
purchase him" Senator Sage declared
that the $4,000 contribution of Thomas
+. Ryan was given to the Governor be-
cause he was useful" in Congress and
''as a retainer for services to be rem
dered in his new position
Senator Wagner, democratic leader of
the Senate, rendered long legal opin-
ion in which he sought to refute the con-
tention that the offenses charged in
articles one and two We're not impeach-
able because they are acts committed
before the Governor took office.
REPUBLICAN LEADER EXPLAINS.
Senator Elon r. Brown, republican
in which he defended his vote in con-
ncction with the fact that he had been
politically opposed to the Governor.
1T has been my duty during the pres
ont administration" he said, "to lead
the opposition in the Senate and at times
there have been sharp conflicts On
more than one occasion ! was in
disnant at the Governors language and
acts but the constitution imposes the
duty upon the members of this court
without regard to previous bias. What
man is 50 petty, be he a member of this
court or not that he can stand singly
in this presence and after taking SOL
emn oath to do justice and hearing the
evidence, vote out of revenge or pre-
judice or hate"
Senators Wende and Duhamcl, staunch
supporters of the Governor ever since he
was impcached, spoke briefly.
II recognize the fact that anything
might say here would be of little or no
consequence at this time" said Senator
Wende Il am so far down the list that
what is to be will be whatever happens"
Senator Duhamel merely announced
that he might tile a statement of his posi-
ton "at some future day"
Senator Frawley, chairman of the
legislative investigating committee,
which first brought the charges
against the Governor announced that
he would attempt ito pass no opinion
as to the rights of the court to i'm
peach or not" Il find that the high
court of appeals are divided upon the
question of impeachment themselves"
he said. Therefore. upon the facts
! cast my vote guilty"
Senator Emerson, who was reported
at the secret session to have voted
not to remove the Governor, who voted
him not guilty on articles | and 9,
and guilty on article 4, made no eX-
PLANTATION whatever of his position.
Senator Duhamel. in recording ibis
vote on article ., declared that if the
Governor had had friend in the sec
rotary of states office to instruct
him "as ! was instructed in regard to
making out my report of campaign re-
ceipts and expenditures. he would not
have been impeached under this ar
ticle."
On article two the vote was rapid as
most of the members in recording their
verdict announced that they did so on
the same grounds that they had ex-
pressed on article one.
To Senator White fell the lot on articles
! and of casting the decisive vote, he
being 3Sth to hold the Governor guilty.
There were then left only two members
of the court to be called of whom Senator
Whitney voted for the Governor, making
the 18th in his favor.
There was also comparatively little ex-
preston of opinion on article 4. Judge
Cullen here, too, delivered a lengthy opin-
ion in support of his vottNof mot guilty
in which he declared that the issue In
volved was whether the testimony of
Duncan W. Peck should be considered
in connection with the article He assert
ed that the court had virtually amended
article and held that it had no right to
do so. He said that II was equivalent to
trying man for one offense and convict
ing him for another.
such procedure" he declared emphati-
cally, tends to make law degenerate into
oppression on the one hand and into an
archy on the other"
Many of the senators called attention
to the fact that the Peck testimony had
been undisputed and hcid that it was The
strongest evidence against the Governor
KNEW HOW ALL WOULD VOTE.
on article the decisive vote fell to
Senator Velte Few of the members tf
the court took any record of the vote
as each of them, as result of the
deliberations in the secret sessions and
the informal votes already taken had a
good idea of how every Nther member
felt in regard to the Governor guilt
or innocence, In the spectators gallery,
however and among the newspaper men
printed roll calls We're checked off and
when the deciding vote ca ne there was
hustle in the court room. A wild
scurrying to telegraph wires to flash the
news followed while in the galleries
there was a buzz OF excited comment,
Representatives of the Governor were
among the spectators ana kept him in
formed of the result of III" voting over
the telephone to the executive mansion,
The procedure was conducted with the
most intense solemnity and Formally.