Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-21
JURISTSI IN
BAT TIE To
STAY TRIAL
Of SULZER
Lawyers for Accused Governor
Fight Every Point Raised by
Assembly as Leader Levy Urges
Haste in Taking of Testimony.
Authority of Court of Impeach-
ment Is Questioned, While the
Right of Certain Members to
Sit in Judgment Is Attacked,

ALBANY, n. Y, Sept 2O.-Rftter
fights are being waged over every Ie-
! gal technically in the trial Of Gov
ernor William Sulzer for the high
| crimes and misdemeanors" with which
an antagonistic legislature, the tool
! Of his political enemies, has charged
him.
The keenest lawyers Of the State,
among them the most eminent practi-
| toners Of the nation. are arraved on
the one side or the other. Suffers
| attorneys are contesting bitterly every
point raised in the preliminary or
ganization; the advocates of the As
sembly are doggedly resisting. and the
Assemblymen themselves, under the
merciless whip Of Majority Leader
Levy, are urging haste in the trial
But haste seems impossible. After
two days Of attempt at organization,
the taking OF testimony has not been
started, and probably viii not be be-
| fore the first Of next week. The Coy
ernor's lawyers are determined that
every straw Will he grasped in their
distinguished clients defense.
Courts Authority CHALLENGED.
They challenged first the organi-
zation Of the court which is hearing
the charges, but their objections were
| ovveruled. after lengthy argument. nv
chief Judge Edgar NJ. Cullen OF the
Court of Appeals who is presiding
over the special Impeachment court
They challenged Senator James !.
| Frawley's right to serve, and ind
viduaIly contested the qualification Of
every member of the Senate tnvssti-
eating committee as n member Of the
| special court. In each instance they
lost.
They argued that Governor Sulzer
need not appear at the trial. putting
in plea OF special appearance"
Their objection in this instance, too,
was overruled temporarily
After all this determined resistance,
! the court OF impeachment was organ
lied yesterday. 1t consists of 81
members. of whom As are Senators
and nine judges of the Court of Ap-
peals. two-thirds majority of the
court is required to convict
With the time near for the begin
ming Of the trial proper the ranks Of
| counsel for the defense are being
swelled by the retention Of noted law
I
yesterday. The attorneys for the Gov
ernor az filed with the court, are Mr..
Root, y. Cady Herrick, Irving q.
Vann, Harvey D. Ninman, Austen G.
Fox and James Gay Gordon. Counsel
| for the managers Of the Assembly are
Alton b. Parker, John r. StanchfeId.
Edgar T. Bracket, Eugene Lamb
| Richards, Isadore J. KresseIl. Hiram
| c. Todd and Henderson Peck
The air Of the trial chamber Is
fraugnt with a real significance, and
| tho spirit Of solemnity Is evident
everywhere. The lawyers bow low,
the Senators are visibly impressed
with tho weight Of their duty, the
spectators themselves are silent, awed.
The thiCkly Carpeted floor of the
dark chamber gives forth no sound
| A funereal atmosphere is created. The
famed trial of Warren Hastings was
no more stately and impressive than
the hearing Of William SuIzer. the
Peoples Governor"
Tammany Is Vindlctire.
Tammany is vindictive toward the
| famous defendant. The Assembly in
session Is squirmlng under the whip
of Leader Levy. who is endeavoring
to obtain the adoption of additional
charges against Sulzer. With practi-
| cslly no objection It sent to prison
James c. Garrison. the Governors
personal friend and adviser. because
he refused TO answer questions asked
| him By the Speaker Of the House. He
| had been hailed before the House on a
contempt charge, which grew out of
statement that four Legislators had
sold their votes impeaching the Gov
ernOr.
They were as quick to order the an
rest OF Louis A. Sarecky, secretary TO
Sulzer during the gubernatorial cam
paign. because of his refusal TO an
swer questions asked by the F'rawley
investigating Committee. Sarecly did
not go to prison as Garrison did, how
ever He escaped before he could bs