The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-08-11
SULzER Defence IS
GETTING READY
ITS THUNDER
New York Legislature To
Convene Tonight
THE IMPEACHMENT ATTEMPT
Democrats viii Have to Have Many
Republican Votes II They
Succeed
THE IMPEACHMENT ATTEMPT

Albany, N. Y, Aug. 11.-Gov. Sui
ger was in conference at the execu-
tive mansion until late hour last
night with John A. Hennessy, Louis
A. Sarecky and other advisers, dis
cussing a course of procedure in
case the presentation of the Frawley
committees preliminary report
should lead to the formulation of i'm
parchment charges by the Assemb-
ly. The governor rose late yester-
day, and spent part of the morning
going over the morning papers. He
had planned a long motor trip into
the country yesterday afternoon with
Mrs. Sulzer, but was away from the
mansion only q comparatively short
time.
Senator Robert f. Wagner, presi-
dent pro tempore of the Senate, and
Speaker A. T.. Smith of the Assembly
are at Saratoga. Eugene Lamb Rich
ards, counsel for the Frawley COM
mtttee, spent the day there also pre-
| pairing a draft of the report which
| the committee plans to present to
| the Legislature when it convenes to-
| night. Mr. Richards said last night
| that the report would be short and
| would deal principally with the testi-
mony concerning Gov. Suffers cam
| paign contributions and stock tran
sactions
| Senator Wagner said tha commit
| tee would meet TO consider the re-
port this evening before the session
of the Legislature. The senator
| said he expected a large attendance
| of Legislators as all had been wired
TO be present.
In view of the vital Importance OF
| the attitude of the II republican SEN
| ators in case the Assembly determin-
| es to institute impeachment pro-
ceedings it is recalled that early in
| the regular session Senator Elon r.
Brown, the republican leader, init
mated broadly that if 1t could be
| proved that Mr. Sulzer during his
campaign bargained with certain la,
Dor leaders to support a full railroad
crew bill in return for support from
labor organizations that fact would
constitute grounds for impeachment.
The general impression is that,
with a majority of more than two
thirds in the Assembly, there will be
enough democratic votes in that
body to initiate the impeachment
| proceedings without the aid of the
republicans or progressives. Only
76 of the 102 democratic assembly
men would be sufficient to accomp-
fish that end The republican
strength in the Senate. however is a
| little more than one.third of the total
present representation, counting the
two democratic vacancies, which
could not be filled in time to figure
in any trial that might be ordered
Besides that several of the democrat
ic senators are rated as strong par
usans OF the governor If the line
up in that body, should be reasonab-
| ly close to party divisions the i'm
| parchment would fall through I'M
less supported by more than two
| thirds of the members OF the court of
appeals sitting in judgement, as a two
thirds majority of the court and tn,
Senate would be essential 30 the gov
ernor's removal
Lawyers at Albany have expressed
great interest in the point raised
that no impeachment trial can be
had ut an extraordinary session be-
cause of the constitutional prohibi.
tion against any AT such session
except at the initiative of the COVER
nor himself. II is pointed out in this
connection that IL this contention
were well-grounded IL would be inn
possible TO remove governor at a
time when the Legislature was not
in session. even though he should be
guilty Of any self-confessed malfeas-
ance that would warrant his remov-
al. According to the governors op-
ponents such an absurdity would be
entirely inconsonant with the entire
structure of the laws.
As the law specifies that in case of
impeachment charges being pre-
sented. at least 30 days must be Civ
en- before the trial can begin. The
earliest possible date at which the
trial court could be convened would
be October II. less than n month
before the fall election at which a
new Assembly will be chosen. That
would bring the trial into the most
heated period of the campaign with
no reasonable probability OF its ter
mination before the election. There
is wide speculation as to the result
OF this on the governors announced
special campaign against all assemb-
lymen OF whatever party who do
not agree with his direct primary
views.