The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-09-19
Organization Effected and
Members Sworn in on First
Day in Fifty-hve Minutes Of
Solemn, Tense Proceedings
.SULZER NOT PRESENT
WHEN COURT OPENS
Does Not Recognize Authority
as Made Plain by His Coun-
sel---Eierrick Contends Fraw-
ley Ineligible to Sit as Judge
in the Case

----a----~
ALBANY. y. Y, Sept. 18.-In fifty.
five tense minutes, half of which were
consumed in swearing in It's members.
the high court Of impeachment was
organized today 10 try William Suizer.
Tonight both sides are preparing for
the long argument as to the right to
try him. probably coming tomorrow,
which will precede the taking of testi-
mouy.
t The court adjourned today after APP
pointing a committee on rules and
procedure. In the brief, rapidly NOV
ing, solemnly picturesque session,
which began at noon and ended at
12:55 o'clock. 1t was made plain In
those two ways that Governor Sulzer
does not yet recognize the authority
/ Of the high court,
First. when Presiding Judge Edgar
I VI. Cullen called for the governor of
New York" Mir Sulzer did not re-
spond; he was at home with his wife.
Second. eX~Judee Cady Herrick, who
rose in the governors behalf, said:
we appear specially for the purpose
of raising certain questions regarding
the organization Of the court, and to
it's jurisdiction over the respondent.
~Ii3t'F inc EtSttES11IH.
In other words, Judge Herrick, and
the six other lawyers who sat with
him arnund a mahogany table, rep
resented. not Sulzer the defendant.
but Sulzer the protestant, on consti-
tutional grounds against the right of
this court To try him Tor high crimes
and mtsdemeanors."
Judge Cullen ruled that time for
challenges and for constitutional de-
bate If either is TO Ne permitted. is
after the rules committee has report
ed That report is due tomorrow
morning at TO o'clock,
The high court as organized today
has ffty-seven mem ers and thirty
eight witt ne necessary for conviction.
Few persons here believe that Judge
Herricl1 will get in his point as to the
unconstitutionsltty Of the trial. but,
If vote is permitted, he viii get
an idea of what the Court of Appeals
Judges think Of this important conten-
tion Of tho defense, and that Is what
Governor Sulzer wants.
Terribly solemn capitol guards. who
stood before the doors Of the senate
chamber this morning ready to repei
invaders, had less no do than they ex-
pectcd The Impeachment managers
had hammered into the public mind
tho fact that not more than three
hundred persons outside the court.
lawyers, newspaper men. and court
officers. could be seated. Therefore.
the people stayed away.
At II o'clock. when the doors swung
omen on those coveted six hundred
seats. probably six hundred applicants
were ready TO rush in But the guards
would not let them rush. They knew
Just how many could he taken care
Of, and that VS. all that was admitted.
The senate chamber was still hum
ming with conversation when Senator
Robert T. Wagner quietly assembled
the rostrum. Twice he tapped the
desk with long stommed gavel be-
fore calling briskly:
The senators will please be seated
Silence fell over the trial room. In
came the lawyers for the prosecution
and defense to sit at mahogany tables
in front Of the rostrum for the inn
parchment managers.
Packy Calls Roll.
When all had been seated, Senator
Wagner had Patrick r. McCabe. clerk
Of the senate, call the roll of senator's.
All eShe forty-nine responded except
John c. Fitzgerald of New York,
who is Ill., Two seats are vacant. be-
cause of the rise OF Senator Franklin
d Roosevelt to the assistant secre-
tary of the navy. and the bribery con-
yiction Of stephen ] Stllwell
Then up rose Senator Murtaugh, OF
Elmira. 10 move for the appointment
Of a committee To notify the court Of
appeals Judges that the senate was
sitting and to escort them to the
chamber. Senators Murtaugh and
Sage formed the committee. For
few minutes after their departure, the
senate was idle. Then there was 4
rustic of footsteps on the thick carr
pet. as the guardians of the door
stood aside to admit the hlackrobed
Court of Appeals Judges The Judges
were preceded by their senatorial es-
cort shortly afterward the Judges
were seated.
Chief Justice Cullen stepped up be-
side President Wagner, and received
the ravei from his hands. Mr.. Wag-2
ner retired TO his senate seat From
this moment 1t was no longer the
senate that was in session; II was the
high court of impeachment. and theo-
retically william Suizer stands at the
bar.
After the Roll Call
Judge Cullen rapidly passed on to
the organization of the court. ana
the right therein of the Supreme
court Judges who ACT in the Court
Of Appeals by appointment. This
right he upheld.
"lf na objection is made. ShaI
assume ttat we are all IN accord In
the view that they are members 81 the
court of impeachment, and shall pro.
coed without further aliusion to the
matter. 70 swear these gentlemen Al
their mes are called"
IT. was rather expected that the
right OF these three Judges 10 VI
would be determined by vote on the
court, mt the confending lawyerN
cheerfuIly acaniesced TO the presidiun
Judges expression OF opinion #
Protest Against Ffnw1cys sssssS
Each mepber Of the court wkM fAa
sworn Id. III took more than half m H
hour IA ENl&aE Iii All ~ g1eu9t01