Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-09-19

LBy Leased Wire 20 npehlss nesn1na
Albany, y. r.. Sept. I9.--clerernoK
sulzer's lawyers loot their flrat flNht
In the hlRh court of lmpenchment Co.,
day when the four SENATORS Challenge
ed ~ the defense weRc permitted 50
retain their seata M
The vote which wha on fhe Qnta.
tion Of whether the court should on4
tertain the challeume. waa unnnIsnnrs
against such proctdnfe, Ine four
acnatprs dlfecliy nohoerne6. Er8NioS.
Wagner Hamspereer and aauneF. ala
not vote. immediately following tho
vote of The c0ufl. the reading pf ino
long articles " im3aachmana Was
hoEun. Although Presiding Judge
cullen had the rsasi 20 decide the
queailon of the Quallilcnslona AZ th8
senators for holding their aeala, he
did not take advantage 81 thla pfn+
rogailve lio first expressed hia OPP
iniou that tho objections we're nos well
grounded and then permitted llo en-
tire court 10 vote on tins sa8ue,
In addressing the court Judge CuIe
len said that no court had the right
Ia sit in Judgment on any one " IT,
members. Ia this. he said, 2 couFt
dlffcrrd greatly from q jury. she qnalA
ifications % members % which miNht
be- decided BY the couria.
The vote came after q morning ~
lephi arRpment betUeen 1udgca tset.
rick and Parker representing the de-
fense ana tihr prosecutions. reapeeiiSe-
~. Judge iierricks chlef argumcrt
was that NO man might ~ both -
prosecutor and judge. In reply
Judge Farkcr said lhe inembers of the
court wero here as representatives od
the whole people, that the people esq
tnbiished the court of lmpaohmept IN
the beginning and that no other Than
the people had a rieht 90 remove their
representatives.
After tho vcte Judge Cullen directed
Clerk Mccabe ~ read the nrltIds ~
Impeachment. Thc motion by Senalor
Pollock Of New York that the readins
bo dispensed with was lest ana tho
clerk began slowly 90 read the lenatny
articles,
"wha; answer does the respondent
lntcrpose 20 the articles ~ impencht
mcnt filed w the naaembly7n aaarlad
Judge Cullen whom Clerk McCobe had
finished reading
Judge flerrlck stated that. puFsu.
ant "a the notice Of Yesterday that
objection would be made 20 the wa
iiditv 90 enc Impeachment. i.ouiH AIaf~
. shall OF the governors counsel wnule
argue ihai point Attorney MarHhaia
reading from a prepared brief first
asked thai the entire proceedlngs ~
dismissed on the afound thnf "she
court n without jurisdiction and tAe
proceedings are nuii, void ana - -
effect" Tho principal aiiack was di
rectcd aaainnt the constituiionnllsy ~
, the action Of tha assembly ln adnpl.
inr the impeachment articles during
+ an extraordinary session when lhA
subject matter had nos been recon
, mended hy the Rovernor
Governor sul2ef did not feenm'
mend thc subject of his lmpench.
mrnt" said Alr Marshall. neither
ala ne In any way suggest ihe eonsld.
erution ~ any charses aeaipst him.
self"
when Attorney Marshall concluded
! Judge Cullcn asked n counsel fof th.
4 mnnaeers contemplated lgtinn lnanl
Z with any ~ the iaeie. as distinguished
4 from Tho points of laW raised ~ ga
4 governors counsel judge paftf|
= asked for a fiVe-mluule recen whll|
4. hc ana his oolleaauan Contlaofna in'
. matter
b However judge Gallon ordered tpl
) usuai mon geccpa and Rdlsufnwen
wne token untli n. m.
A. me oponlnH ~ the masniH
session me report of lhe eninmI
b o rnloe waa aaopte0 Wllhtul 4Nt
\ lion The rules prosiaa Iof 1aIIs s
. Stone except saturday gem W
r ~ 1850 ond from lo N
b Monaapt ne count oul oouVne
d "a ana IA nnin 3 m aHoa 81
Fridays ,n4 hour 81 flHai adlaWN