Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-10-23

Albany. oct. Ex-Governor William Sui
zer was to-day found guilty by the high
court of impeachment on three of the
articles preferred against him. They
were |, and 4. He was declared nno-
cent on the charges contained in arti-
Gle g.
Tomorrow he will be removed from
office but not disqualified from holding
office in this State in the future unless
there is substantial change in the in
formal vote reported to have been taken
by the court on these questions in secret
session to-day.
For the same reason il is expected that
he will be found not guilty on the other
four articles still remaining to be voted
upon when the court adjourned tonight
Lieut.. Governor Martin II. Glynn, who
has been acting governor since the i'm
parchment of Sulzer. will become chief
executive of the State. He is an Albany
newspaper owner. Robert +. Wagner. n
New York attorney, will become leuten-
ant governor He is the majority leader
in the Senate.
The vote on articles 1 and . was 80 to
u.s. bare two-thrds majority. The
former article charges that the Cover
nor falsi1ed his statement of campaign
contributions the latter that he commit
ted perjury in so doing.
The vote on article ?, which charges
that the Governor bribed witnesses %
withhold testimony from the Frawlcy in
vestigatius committee, was unanimous in
favor of the Governor.
The vote on article was - to Il, six
members changing their votes on article
and from mot guilty to guilty"
and two from guilty" to mot guilty"
This article charges that the Governor
suppressed evidence by means of threats
to keep witnesses from testifying before
the FrawleY committee. Among these
was Duncan w Peck, State superintend-
ent of public works, who testified at the
trial that the Governor had asked him
10 commit perjury.
UNANIMOUS NOT TO DISQUALIFY.
The secret informal vote to remove
the Governor was said to be 43 to H.
the same on article t. and the vote
not to disqualify him was said to be
unanimous.
Article which charges that the Cover
nor committed larceny in Specializing
with his campaign contributions was said
pot to have been sustained in the secret
session by a vote of 80 declaring the
Governor not guilty, to seven against
him.
Article ., which charges that he pre-
vented particular witness, Frederick l..
Iolwell. from attending the sessions OF
he Frawley committee article that he
threatened to use his office and influence
o affect the vote or political action OF
ertain assemblymen and article s that
lc corruptly used his influence to affect
he prices of securities on the stock eX-
,hange, were reported to have been also
decided in favor of the Governor in the
secret session by practically unanimous
ote.
Presiding Judge Edgar NJ. Cullen, who
viii shortly retire from the bench, voted
not guilty on every article and rem
Tered long opinion in explaining his
totes. The other eight judges of the
(ourt of appeals We're divided. on ar
icles l and > Judges Willard Bartlett,
Emory A. Chase and William f. Wer-
Ter voted for the Governor, and against
i'm VOTED Judges Frederick Collin, Will
lam II. Cuddeback, John w. Hogan,
Frank II. Hiscock and Nathan l.. Miller,
making a division among them of to 4
gainst the Governor
on dIlclt JuJStS bdlbItlt, tHdSt anu
Werner changed their votes from mot
uiltv" to guilty" and Judges Hiscock
nd Miller changed from guilty" to mot
uilty," making against him division or
to g.
The informal vote on the removal
# the Governor was reported to have
hown the following opposed: Presid-
he Judge Edgar NJ. Cullen and Sena-
II Mol itrh
rKeefe, Palmer, Peckham Seeley,
tycrs Thomas, Wende, Wheeler and
Whitney
JUDGE CULLEN'S OPINION.
Presiding Judge Cullen held that
he offense- charged in articles / and
We're not impeachable and that the
IoN ernor neither falsified his state
leut under the provisions of the cleo
Jon law nor committed legal per-
Try"
"Thc rule here contende1 for" he
|lid, amounts in reality to an ex-
pSt tacto disqualification from Of
ce for an offense which had no such
enalty when committed, without al
prdlng an opportunity to show either
bpentance or atonement Men have
pmmitted serious crimes. even felon-
IS, and subsequently attained high
ublc positions"
Practically every member of the
burt explained his vote when the
bll was called on article | although
hose who voted in favor of the gov
rnor did not inter- at length into n
csussion of the merits of the case
of the matters of law ami prece-
ent involved as did the others, in
uding all the judges. The latter
led with the court lengthy opinions
support of their votes,
one of the judges Nathan l.. Miller,
no was designated to the court of APP
Eals bench by Sulzer denounced him as
otally unfit for Office"
Several of the senators also took oc-
sion to express their opinions of the
overnor in harsh terms. Senator
thompson declared that the Governor
I'd traded on the value of William