The Oskaloosa herald., 1913-09-25
SULzER LEAVES
| OFFICE TO GLYNk
Gives Up Goyernorship Until
| Trial Ends.
COUNSEL MAKES STATEMENT
Executives Attorney Attacks Validity
Of charges--Asserts He Should
Not Be Tried for Aets Commit
ted Previous TO Election.

Albany, N Y, Sept. 24.-Opposing
counsel in the Impeachment OF Gov
ernor William Sulzer FLASHED In the
great, titanic struggle OF the trial
when, after the resumption OF the
session at 10 o'clock the question was
precipitated by counsel for Governor
Sulzer respecting the validity of the
first, second and sixth articles OF i'm
peachment- These articles refer to
the acts committed by the governor
prior to the beginning OF his term
ana constitute the backbone of the
articles.
AS d, Cady Herrick began the at
tack for the governor. he gave notice
that the governors lawyers, who
have appeared before only for the
special purpose of protesting against
the jurisdiction OF the court. now APP
peared as general counsel for the de-
Tense of the governor.
sulxer Gives Up Hls Office.
Also he gave notice that the COVER
nor would not exercise the functions
Of his ONCE until the court had acted.
The president said: The court
having oyerruled the motion OF the
respondent to dismiss the impeach-
ment upon the ground that the as
sembly had no right to prefer II at
an extraordinary session. II now be-
comes incumbent upon the respondent
to make answer"
Judge Herrtck arose and said: "We
now appear generally for the respon-
dent, the same counsel appearing
generally as had appeared specially,
and In that connection permit me to
say that when these articles of Inn
parchment were hfst presented the
governor was advised that inasmucb
as there was some doubt as to legal
ity OF the impeachment that 1t was
his duty not to surrender the func-
tons Of HIS once until that had been
determined After the decision of
Mr. Justice Hashrouck he ceased to
perform any executive function and
it is unnecessary for me to say that
he will not do so until the termination
of his trial"
After articles one, two and six of
the articles of impeachment object
ed to by counsel for Governor Sulzer.
had been read by Attorney Marshall,
all OF which refer to alleged irregu-
larities of the impeached executive
before he began his term as COVER
nor, Judge Hsrrick launched his
brief
Attacks Impeachment Articles.
Judge Herrick, attacking the valid,
ity of the articles of impeachment.
said In part:
This is a government Of laws and
not of men,
THE assembly In preferring articles
Of impeachment, and the court for the
trial Of impeachment SO preferred. are
both governed by the laws OF the
state, and the law OF the state 10. that
public officials can only be impeached
for wilful and corrupt misconduct in
ONCE
Have drawer Duty to Perform.
while We are concerned for Mr..
SulEer, we have grayer and higher
duty to perform than merely to pre-
vent his being compelled to give an
explanation OF the charges contained
in these several articles. We are con.
cerned for the proper administration
of the law. We are concerned for the
governor OF the state, and all other
executive officers who are jubjeet to
impeachment. for the precedent now
to be set by you will not only control
all future proceedings In this state.
but will be vastly influential in con-
trolling and directing similar proceed
ings in every state of the Union.
mo cases have been brought to our
attention where a public Official has
been impeached for offenses commit
ted prior to his assumption of Office.
All are cases OF misconduct in Office.
The primary purpose OF an i'm
psachment Is to remove from Office an
unfaithful public official
The acts alleged In the first. second
and sixth articles of impeachment here
presented. are none OF the acts OF
an otficial aud are all acts cognizable
by the ordinary tribunals. where the
accused may be tried before jury.
where no one may sit In judgment
upon him who has been engaged in
procuring evidence against him. who
has prejudged his case. and declared
him guilty Without a hearing. or who
actuated by political feeling or
partisan anlmosity, and when II the
accused is found guilty OF the felony
charged against him. his removal from
public ONCE follows