The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-19
Ex-senator Bracket Shows
Power Of Court to Try
Governor.
"HE COMMITTED CRIME"
Brief Says Election Cannot
Be COndOnement of
Perjury.
CITES THE BARNARD CASE
Justice Was Impeacled and Con-
victed in Second Term for
Offences in First.
CITES THE BARNARD CASE

ALsANr. Sept. 1s.-The brief Of coun-
sel for the managers OF the Assembly
who are prosecuting Gov william Sui
zer before the high court Of impeach-
ment declares that "wickedness In q can
didate Is surely inherited by the ofhcial
as an hereditary taint BY the child from
the parent" and that misconduct A. .
candidate corrupts public duty In ONCE"
1t 10 pointed out that the sworn state
ment Of election receipts and expenditures
required by the corrupt practices law
has been preixed to public ONCE and
that this Is what we may call IN Of
nciai vestibule. 30 placed that a per-
sou entering into the Office must pass
through IT," The brief says;
,"He is certainly subject to the direc-
ton Of the law from the moment he Is
nominated. BY this corrupt practices
LEGISLATION the position Of candidate II
legally indissolubly linked with that Of
the of,,cial. 1t 10 a. much required that
he shall make this statement OF the
amounts received by him and the ex-
peuditures a. II is required that he shall
take the official oath as Governor when
inaugurated. The one cannot be sep
arated from the other and one 10 as posi-
tive q direction a. ID the other.
The making Of false statement Of
receipts and expenditures 10 just - much
q violation of duty and the comniss3en
Of q crime - n the violation Of ths
osf,cial oath taken by induction into ofitce
kHe who deliberately nils out a false
statement In November Ii not fitted. nor
NJ. for public ONCE in January: he who
commits larceny in October may not be
entrusted with the responsibilities OF high
off,ce three months later.
"rhe World Hates . LIAR"
"In all this there Is nothing Of effort
| to convict William Sulxer Of lying. The
! world hates a liar. but 1t In not for lying
| that we ask the conviction OF William
Sulxer. He is charged with filinE false
| certificate Of contributions made to him.
| In doing 80 he violated the law and COM
mitted a crime"
These quotations are the conclusions OF
an exhaustive brief prepared by counsel
for the Assembly managers by Edward
Truman Bracket and indorsed by the as
sociate counsel, Alton Il. Parker. John B.
stanchfeld, Isidor J. Kresel. Eugene
Lamb Richards and Hiram {. Todd. ana
mainly upon these conclusions Is the high
court Of Impeachment asked to convict
william Suizer and remove him from the
once of Governor Of the State.
THE articles here charge impeachabIe
offences-if proven as set out they re-
quire a verdict Of guilty from this court
This Is the opening sentence OF the
Bracket brief. which declares that each
| Of the eight articles OF the Impeachment
save the eighth charges Gov. Sulser with
crimes the second with two crimes. with
filing a false report and with perjury In
swearing to Its correctness.
Brief Covers Broad Grouna.
| I'VE are not now arguing the COM
pleteness or the sufficiency OF form OF the
articles" says the brief. but the broader
question OF what constitutes impeachabls
offences, and whether. the form Of the ar
ticles being held good In whole. or In part
and the facts charged proven, WILLIAM
sulzer. Is guilty OF offences for which i'm
peachment may be had
This brief was prepared with view
OF giving an exhaustive review OF i'm
peachments of the past TO aid the cour
in passing upon objections which NIGH
be raised by counsel for Gov. Sulxer a.
the outset of the trial. After reviewing
these authorities counsel for the board o.
managers says:
1T 10 manifest. on both reason ant
lauthority, overwhelming authority. tina
limpeachable offences are not limited Il
indictable crimes. but that Impeachment
! may be had, not only for statutable crime
but for anything In 'the nature o
crime that demonstrates unfitness to ex
lerciss the functions Of office, anything
that evidences unfitness to associate witt
decent people, who must meet the Of
ficials doing the work OF the State.
"But In these impeachment articles
lcertainly In all save the eighth. crime l
charged--perjury. larceny. violation o
the election law and Of the crimina
code--all matters punishable by fine o
imprisonment. or both. which brings then
exactly within the definition Of crime.
! OGeasive, Not Impeachable.
This is no trial for disgusting manners
nor for lack Of dignity. nor 70
immeasurable boAstings-ali Of these ma
bs offensive to the last degree. but the
are not In the charges here. nor I'm
peachable. The defendant 10 charge
with crimes. So the controversy this
has ragged round the point whether Grim
must be charged against the offender. q
q mere violation Of duty. positive Q
negative. sufIicicnt to convict 10 not her
: ut all.
THE defence. however. rests. In iara
part at least. upon the proposition tbs
while crimes are charged asainst the d,
i Cs~etsSs6 ~ TA~st FaoA