The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-20

by the defense because they had sat
on tho committee that gathered evil
dcEce against Sul.er
Iierrick. for Sulzcr. occupied an hour
in attacking tho right OF the Senators
TO seats in the court. Parker con-
sumed nearly an hour in replying.
Justice Cullen's opinion was rem
dercd in less than 1--WE minutes In
part he said;
That this challenge cannot be en-
tertained is the uniform current OF au-
thority. All the precedents are against
IT. equally think it is sustained by
pimcipie.
Question of Power.
4 equally think II is sustained ny
rrSrciplc II is question OF power.
Has some member OF this court power
to exclude other members? This is
The question. Even in an ordinary
court Of justice members of n court
could not exclude one of their brethren.
do not mean 10 say that II any mem
her OF Ihe court feels that such ac-
t!on n he has previously taken or his
personal feelings toward the respon-
dent are such as TO disqualify him. that
he may no; arDeEl To ne eNCuSer from
sitting, but that appeal must be
made by himself ana solely and can
not he considered IS challenge or his
auaiifcation'
porjunity OF discussion to the mcIn
hers OF tho court. which was not taken.
The vote when he put IL was unani-
nous in favor OF denying the motion
to exclude the challenged Senators.
These Senators themselves asking TO
De eNcuser from voting.
Court Quickly Organizes.
ORGANIZATION was erected immedi-
ately on the admission OF the four
Senators as full hedsed members The
rules of the supreme Court of the
STATE we're adopted. This, in the opn-
ion OF a number OF lawyers, is n VIC
tory tor Suizer, as strictly interpreted
the rules Will admit OF all The techni-
cal!ties with which any defendant is
permitted TO hedge himself about un-
der the law. 1t was pointed out. how
ever, that liz the Cohalan case the same
rules We're adopted. and were inter
preted so literally that almost any evi-
dence for or against the respondent
statement OF the presiding Judge.
quoted in the beginning. is highly
significant, for ii Will he he who Will
interpret and apply the rules.
The afternoon session was given
over wholly TO the long argument OF
Louis Marshall against the jurisdiction
OF the court Mr. Marshall held that
Sulzer in special session, and that,
consequently. the court, acting on
faulty indictment. had no right to try
the case. He read his argument from
printed brief OF more than ninety
pages. and was still reading when the
hour OF adjournment came at $3.50.
Hcrrick VIII stick.
The assertion OF MIR Herrck. for the
defense. who Will make the first arEu-
ment for Sul2er. that with Messrs. Mar
shall and FOX he only appeared in the
hope of making certain objections.
lawyers would withdraw as soon as the
objections have been made.
1t can be stated on high authority,
however. that they have no such pur-
pose. but will stay in the case and
make a last ditch fight. battling for
avery possible right which they de-
clare Mr.. SulZer is possessed of JudE
ns by the length OF to-day proceed !
nes, 81 least two more days Will he /
for the arguments. Although /
he presiding Judge is disposed TO hurry /
he cause along IS fast as he can, he I
wind OF the lawyers, and both sides /
were prepared TO make arguments OF .
a length unheard OF save on the floor
of the United States Senate.
As ne did yesterday, Governor Sulzer
through the dag At the EN-
'SNN.Ne -4a!!S!O!!. ne LOON q p!4ct VAIN
with his dog, Patsy" III the after
noon, and kept his ear 10 the tele-
phone from which he got reports sent
ry Secretary Plat direct from the trial
side
AbnndonK Press Agent.
Friends Of James &. Garrison. the
Sulzer press agent who was sent 10 the
Albany County Penitentiary Oh COM
n!tment for contempt issued by the
Assembly early today will appeal TO
The courts for his release tomorrow.
Sulzer and his attorneys have prac-
tcally abandoned Garrison To his fate.