The Barre daily times. (Barre, Vt.) 1897-1959, 1913-09-23
SULZER GIVES UP
EXECUTIVE POWERS
Following Refusal of Court of Impeach-
ment to Throw Out the Proceed
ings By Vote of 81 to /.

Albany, N. Y, Sept. %. When the
high court trial of the impeachment OF
Gov. William Sulzer was called TO order
to-day, Judge Herrick, the chief counsel
for Sulzer, announced that in view OF
| the fact the court had refused to dis
miss the proceedings on the grounds
that the Assembly had no right to pre-
fer the charges at an extraordinary ses-
sion, he would state that the governor
| would renounce his claim to the right to
exercise the functions of governor, pend
| ing the termination of the trial.
| Suffers counsel then began arguments
on a motion to strike out the three ar
ticles of the impeachment charging him
with filing false statement OF cam
paign contributions and the use OF the
! funds in Wall street speculation. The
argument was made on the ground that
the offenses alleged We're committed be-
fore the governor was sworn into office;
| therefore, he was not impeaehable.
The vote by which the motion to dis
miss the proceedings was overruled was
| 81 to |.
| Senator Gottfried H. Wende of Buffalo,
Democrat, an ardent supporter of the
goveinsr cast the solitary NAY" Sena-
tors Brown, Bussey, Fitzgerald, Thomas,
Walters, Wheeler and Judge Gray were
| absent.
The governors defeat was the second
that has marked the battle waged by
his attorneys to annihilate, as soon as
possible, the impeachment proceedings.
Last week the court thwarted the eff
forts of his counsel to prevent four sena
tors from sitting as members. Their
remaining ammunition consists OF argu-
ments to prove that certain of the Of
fenses charged against the governor We're
not impeachable.
The vote last night was taken in Sc
cret session after an afternoon of inn
passioned oratory by the opposing at
torneys. When the time came, shortly
before o'clock, for the court to rem
der its decision, Judge Cullin announced
that he did not feel inclined to use the
power granted him under the rules TO
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 tonn-
dationS of this proceeding. If decided in
one way, the proceeding must necessar-
ilv stop. You have the power to clear
the court for private consultation under
the rules"
This was done on motion of Judge
Cullin. but the vote was later announced
in a brief public session and the record
Of the proceedings was Immediately
made public at the suggestion Of the
presiding Judge. The record showed that
a tentative roll call on the motion was
Immediately taken and that the presid-
ing Judge delivered long opinion on the
points at issue when his name was
called, 18th on the list.
Judge Cullin's opinion, in substance,
was that the provision of the constitu-
tion which limited the acts of the leg
islature in extra session to such subjects
as were recommended to it by the gov
er.nor should be given reasonable con-
struction. 1t upheld the contention OF
the prosecution that the provision re-
ferred to the legislature as whole and
not to the Assembly as an independent
body
80 construed said Judge Cullin,
''these subjects all relate to what the
legislature as body can do and not to
the power vested in one branch OF the
legislature"
The tentative roll call brought from
Senator Wende the only negative vote
The call was followed by viva voce
vote and then with final roll call with
the same result. Wende explained his
vote in a brief argument in which he
held that when the Assembly adjourned
sine die some weeks before reconvening
to bring the impeachment articles, "they
foreclosed their right to act upon any
question Of impeachment when called to-
gether in extraordinary session"
Senators Foley and Thompson also ex-
planned their votes, coneurring, however,
in the opinion Of the presiding judge.