The Prescott daily news., 1913-09-22
LEVY ADMITS HE CANNOT GET ENOUGH VOTES TO CARRY
 FIGHT AGAINST SuLZER.
GOVERNOR TWICE DEFEATED
Moticn to Bar Four Senators as Judges Unanimously Voted DoWn-Court Meets Mon-
 day at 2 P. M.

muster enough votes to insure the passage of additional impeachment charges against Gov. William Sulzer, the assembly has recessed until next Thursday.
 Majority Leader Levy, who has taken a foremost part in the attack on the governor, made the motion for recess. The motion was unanimous ly adopted amid shouts and cheers, and assemblymen who had practical ly been prisoners in the chamber for hours dashed for trains and their homes.
 In making the motion for a recess Levy explained that the senate had adjourned until the same day and that even if the board of managers put additional charges through the assembly the senate could not be no tified immediately. The fight for ad ditional charges will be resumed i'm mediately on the converting of the as sembly and meanwhile the Democrat ic leaders will use every means to ob- tain a full attendance.
 NEW SIIdt SCS SSittJiSNSH'
 It is generally understood that 4e charges were completed. The thIee chief allegations are, it is said. tia the governor usurped the powers 0. hls office following his impeachment, made a prediction promise to make of health and failed to account for the fund which he obtained to wage his direct primary campaign
 The last session of the court of i'm peachment was taken up with sllir mishes between counsel, in the first of which the governors attorneys were defeated. They first attempted 10 prevent the seating of four sen ators as members of the court They next attacked the validity of the i'm peachment proceedings and were ar guing their motion to dismiss the charges wher court adjourned until Monday, at ? p. m.
 Herricl< Opens Battle.
 After the adoption of rules of pro- cedure D. Cady Herrick, chief counsel for the governor formally challenged the right of Senator Frawley, Rams berger, Sanner and Wagner to sit as members of the court-the first three on the ground that they were mem bers of the Frawley Investigating committee on whose report the arti- cles of impeachment were based; Sen ator Wagner, president pro tempore of the senate, on the ground that in the event of the conviction of the gov ernor he would succeed to the profit and emoluments of the office of lieu tenant-governor."
 Judge Cullen put the challenges to the vote of the court with the result that with the exception of four sen ators involved, who asked to be eX cused from voting, the 32 members unanimously decided against the counsel for the governor.
 A motion to dismiss the impeach ment precipitated the second contest
 It was made by Attorney Louis Marshall, who spent practically the whole session In reading a brief pur porting to show that the impeach ment was unconstitutional, based or the fact that it was brought while the assembly was in extraordinary ses sion and entitled to act solely upoI matters presented to 1t by the gev ernor. He dwelt at length on the amendment of the New York state constitution adopted in 1875 whicf contained the following clause:
 At extraordinary sessions no sub ject shall be actA upon except sucf as the governor may recommend fol consideration.
 Marshalls argument will be an swered, according to present plans, by Judge Parker for the managers. II event the court again rules against the governor, according to plans, D Cady Herrick will move to strike out the first second and sixth articles oi impeachment on the ground that they pertain to acts committed by the gov ernor before he took the oath of of fee and are not within the jurisdic tion of the court.
 These articles all have to do witt the governors campaign contribu tions, the act of perjury he is alleged to have committed in failing to in clude certain contributions in hi. sworn report and the act of larcen! in the alleged use of omitted contri buttons for speculation in Wall street