The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-09-22
SUI ZER'S VERACITY VITAL
POINT IN SETTLING FATE
Outcome of ImpeachmentHear-
ing Depends on Whether
Court Will Believe Sworn
Statement of His Election
Expenses

ALBANY, N. Y. Sept. 2i,-The
vital preliminary question which must
be determined by the high court OF
impeachment on Tuesday or Wednes-
day before the taking of testimony
can commence is whether the court
can take cognizance OF the truth or
falsity # Governor Suffers sworn
election expense statement.
This point lis TO be raised by
D-Cady Herrick and Austen G. Fox
as soon ms the court dispenses OF the
contention of Louis Marshall that the
assembly could not mpeach Governor
sulxer at a special session unless the
+ subject Of impeachment was referred
( 10 the legislature by the governor for
( consideration.
! Plan of Procedure.
! The general anticipation is that the
court of impeachment will endorse
/ the view expressed by Judge Has
/ bra,,ek- IN his recent ruling on the
Pahin nardon case Then Will come
/ the second point of Governor Sulzer
counsel that articles |. and f OF
the impeachment should be stricken
out on the ground that they refer 10
! the governors receipt and expendi-
ture of campaign contributions before
January list. when he assumed the
| once Of governor. They insist that
/ Governor Snlzer cannot be questioned
regarding acts before he assumed Of
fce. II the court should determine
this question in favor OF Governor
Sulzer the Impeachment trial would
end then and there as the other hve
articles trail along after those most
7 important ones. and would have no
substance If the court cannot pass
upon the truth or faisity of Governor
Suffers sworn statement of campaign
expense fled with the secretary O,
state.
Prepare Elaborate Brfef.
Senator Bracket and counsef Tor
the assembly managers who are prose
cutting the impeachment articles have
nrenared an elaborate brief which re-
views the impeachments under the
federal and State governments since
the establishment of constitutions IN
nation and State for the guidance OF
the court. and Senator Bracket is 10
argue against the contention OF the
sulzer lawyers that only acts COM
united by Governor Sulzer since jan
nary lat can be regarded in impeach-
ment articles. Senator Bracket feels
50 confident that the governors riis-
nee If campaign funds will be con-
sidered hv the court, that the mana
gers counsel have gone anead ana
prepared the evidence in affidavit
form. and have II in clean legal
shape.
As matter of fact only one third OF
the evidence regarding Governor sui
zer's receipt OF campaign funds, which
iis In the possession of the Frawley
committee and the senate board OF
managers has been made public and
counsel for the board declare that as
soon as the court permits this evil
aence and It unwinds from day to
day that the sentiment of the people OF
the state will crystalline quickly and
finally in favor of Governor suizer
retirement from office either through
resignation or by conviction by the
high court OF impeachment.
Governor Sulzer remained at the PEG
ple's house today, but tonight took al
automobile ride. stopping to call or
Judge Lynn ]. Arnold and continuing
his ride There were no evidences o.
the truth OF the public statement tina
, Governor Sulzer was nervous WRECK
or that he was morose or melancholy
In fact, Judge Herrick insisted tonigh
!. that these stories were nonsense" ant
were started by the governors poiitica
enemies, who hoped that they wer'
true
The governor saw no, one today ex
r cept his counsel. Judge Herriek. Aus
, ten g. Fox and Harvey %. Human. wht
, remained In town over Sunday. TIL
court of Impeachment does not NEE
. until 2 o'clock tomorrow afternoon