The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-10-17

at times there have been sharp con-
flicts. On more than one occasion
was indignant at the governors Ian
guage and acts but the constitution
imposes the duty upon the members
OF this court without regard TO pre-
vious bias What man is so petty. be
he q member OF this court or not.
tnat he can stand singly In this pres
ence and after taking a solemn oath
TO do justice and hearing the evil
dence. vote out OF revenge or preju.
dice or hate?"
Senators wende and Duhame,
staunch supporters OF the governor
ever since he was impeached. spoke
briefly. Senator Duhamel announced
that he might file statement of his
position 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 10 the rights OF the court TO i'm
peach or not"
FrawIey Votes Guilty"
81 find that the high court Of an
peals is divided upon the question or
Impeachment themselves" he said
Therefore. upon the facts. I cast INV
vote guilty"
On article two the vote was rand.
as most OF the members in recording
| their verdicts announced that they
did not do so on the grounds that
they had expressed on article one.
There was also comparatively ut.
tie expression OF opinion on article
four. Judge Cullen. however, deIiv-
cred lengthy opinion in supporting
his vote OF mot guilty"
The procedure OF the court was con-
Quoted with the most intense solem-
nifty and formality. To each member
OF The court. Presiding Judge Cullen
put this question:
Senator Cor judge), how say you.
is the respondent guilty or not guilty
as charged in the first article OF I'M
peachmentT"
In answer each member of the
court rose to deliver his remarks IN
support OF his vote. end there would
be scarcely another sound than that
OF his voice in the court room until
he had finished.
suIzer Makes No Comment.
ALBANY, y. Y, Oct. 16.-"The
muZzle is off. my friends. | would
like to be 'unmuzzled myself. but
Judge Herrick won't remove IL uryu
tomorrow
This was the only statement which
came from Governor Sulzer tonight.
! Samuel Bell Thomas. one Of Suffers
Kitchen cabinet" delivered the mes
sage to newspaper men after he and
other members Of the cabinet" had
! taken dinner with the governor.
According TO Thomas. the governor
Is in the best Of spirits. While news.
boys shouted their extras around ire
executive mansion tonight, the cover
nor chatted with his dinner guests and
calmly outlined his plan for future ac-
ton.
Just what that plan is. Thomas
would not say. lie said. however. that
when the court OF Impeachment voted
/ today 10 convict the governor for acts
committed before he assumed office.
they violated Section XII Of the fed
eral criminal procedure and thus
made the case renewable by the
united states supreme court and that
me case might be taken TO the high
est court in the land by means of a
writ Of prohibition.
Sulzer Is a Fighter.
me governor is a fighter" said
one OF the governors callers
should he be thrown out Of osfice
ne VIII not give up. He takes the
view that he can do more for the
people out OF Office than he can en-
II under present conditions. anvbow
As private citizen he will NOT no
restricted in many ways as ne is
now"
Judge Herrick and the governor
had a long conference tonight The
governor again urged that he be per.
mitted 10 issue his $500 word state
ment. II was said. but again Herrick
refused 10 agree TO such action.
while the court was voting Gove-
nor Sulzer was taking an automobile
ride.
Judge cullen's Views.
PRESIDING Judge Cullen's opinion on
Article l embraced his views on All
the money articles. . and 10
conceded that the acts OF the Governor
testified 10 in connection with these
articles displayed such turpiride and
delinquency that II they had been com
united during the respondents incum-
b"ncy In office. I think they would re.
quire his removal He commended
however. that 10 convict the executive
or ohenses committed before he en-
Tered upon the duties OF his Office was
contrary 10 law
y find. he said. that the respond-
ent did take advantage OF his nomina-
ton and candidacy for ONCE TO seek 10
personally enrich himself by diverting
The contributions which he might re
ccive Tor campaign purposes.
i find he did verify this BY oath
knowing 20 20 be false At the same
time. ] shall vote not guilty Of these
articles for reasons which seem 10 me
dictate such course whatever may be-
my personal opinion OF the acts done
and committed By this respondent
The use OF this money for his own
purposes. other than political work.
was not an offeneo. on the contrary
u IS very doubtful whether 81 was not
within his legal right 20 use % for any
purpose for which he saw NJ have
pleaded that 40 length I'm my opinion