Evening journal., 1913-09-20
SULzER NEAR
COLLAPSE AS
COURT RESTS
Pending ReOpenlnG Of Trial
ImpeaChed Governor Remains
Quiet With Wife
FRIENDS FEAR HE MAY
LOSE SECOND TECHNICALLY
RY InHN EpMIN NEYIN.

Bl JOHN EDWIN NENiNs
STAFF Correspondent of The United
Press.
ALBANY. n. Y, Sept 20.--The ply
sical condition Of William sulzer inn
peached Governor OF the State is
causing worry today He is probably
nearer complete breakdown than
ever before in his long political ca
reer Despite the reassuring declara-
tions of those closest to him and the
indignant statements of his intimates
that he never was in as good condi-
tion. it developed today that he is
really far from a we'll man. He Is
not under the care of physician but
has been persuaded TO remain quietly
at the Peoples House under the
watchful eye OF Mrs. Sulzer. When
his attorneys have exhausted all of
the technicalities through which they
have faint hope OF crushing the case
against him, Sulzer may come to the
Impeachment court In person and
dramatically become the chief figure
OF his own trial. But II he should
do this It will be against the earnest
protests of his chief counsel
The Sulzer attorneys were in close
consultation here today. while most
of the prosecutors had gone back home
THE camp followers of the governor
lforesaw certain defeat in his conten.
ltion that the assembly did not have
the power TO impeach him in an extra
session. They have one technically
left and IL is the one on which they
are hopeful they will be able TO lin,
up the majority Of the judges OF tn,
Court of Appeals on their side Thai
is whether an official can be tried foi
Thigh crimes and misdemeanor" wher
these same offenses were committed
prior TO his taking the oath Of Office
THE Sulzer attorneys are on this one
Iquestion alone a unit They arr
hopeful that the court win take thei
way of thinking and decide that be
cause of that fact Sulzer cannot b.
tried on the articles OF Impeachment
now before II. II is admitted. how
ever, that they have little hope tina
they can gain anything other than
technical victory In this way. The
would accept a favorable verdict froI
q majority Qf the iudgas of The CouT
of appeals, as a atrong point IN thei
favor A majority OF the Senators
3 they believe, would vote against thi
: contention. but the judges who vote
for IL would be depended on. whe
the final question of guilt or innocenc
was pending. 10 refuse TO convict u
that technical ground and thus pre-
vents a two-thirds vote OF custer.
Despite the widespread circulatio
OF a rumor that Sulzer contemplate
resigning should his lawyers lose on
on all of the technical points the
have raised, friends of the eIecte
governor still insisted that he woul
not do so. but would stand or fall o
the verdict Of the court The mer
fling of his resignation with the secre
tary OF state would not automaticall
remove him from office The law CON
pels a gOvernorsor lieutenant Cover
nor TO transmit their designations {
the Legislature and that body in tur
j accepts and certifes the acceptanc
to the secretary OF state There al
many members Of the legislature VIII
p positively assert that under no eli
,, cumstances would they accept an
n such resignation.
ri But despite these loud protestatior
- N Sulzer wants TO resign Il is vel
n likely that majority of the member
}. OF the Legislature would vote to az
4 cept II is also believed certain thi
r in such an event a majority of m
Z high court of impeachment wou
O vote 10 discontinue the proceedin,
d and drop the matter.