The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-23
SULZtk N UUl
Announcement Is Made by the
Governors Attorney
That He Will Cease to Exercise
the Executive Functions.
MOTION MADE TO STRIKE OUT
Three Articles of Impeachment
by His Counsel.
Acts Were Committed Before
His Election, Is Basis.
MOTION MADE To STRIKE OUT

Albany, n. Y. Sept. 23.-D. Cady
Herrick, counsel for Governor Sulzer,
announced at the outset of today's
sessions of the high court of impeach-
ment that the governor would cease
henceforth to exercise the functions OF
the executive office, until the termina-
ton of his trial
When the high court for the trial of
Impeachment of Governor Sulzer was
called to order today his attorneys
were prepared to exhaust the last of
their legal ammunition to prevent the
story of his alleged misuse of cam
paign contributions from being told
on the witness stand.
Defeated yesterday by d vote of 81
to L on their motion for dismissal of
the impeachment on the ground of its
unconstitutionality, the governors
counsel today offered a motion to strike
out the three articles of impeachment
charging him with filing a false state
ment of campaign contributions and
with the use of the funds for specula-
ton in Wall street.
The motion was prepared by D. Cady
Herrick, who argued that the alleged
OffenseS were not impeaclable on the
ground that they were committed be-
fore the governor was sworn into office.
Former Senator Edgar T. Bracket was
appointed to reply in behalf of the as
sembly managers. His brief which
was made public yesterday held in
substance that the acts of a candidate
for political office during a campaign
and after he has become an officer
elect are so intimately connected with
the actual holding of the office as to
be inSeparable.
The decision of the court on this
question, whether affirmative or mega
tive should clear the decks for begin
ming the actual trial of the case to-
morrow, unless something unforeseen
arises. If in the affirmative there still
will be five articles of impeachment to
which Mr.. Sulzer will have to answer.
Conviction on any one article might
result in removal. Eugene L. Rich
ards. of counsel for the managers, will
make the opening address outlining the
evidence to be presented. The taking
of testimony will follow Immediately.
Court Makes an Announcement
Nearly all the members of the court
were in their seats when the session
opened. The court having over
ruled the motion of the respondent"
said Judge Cullen, Ito dismiss the ar
ticles of impeachment on the ground
that the assembly had no right to pre-
fer the charges at an extraordinary
session, it now becomes incumbent
upon the respondent to make answer
to the charges
Judge Herrick, chief counsel for
Governor Sulzer, then announced
since the court had refused to dis
miss the proceedings, the governor
would renounce his claim to the right
to exercise the functions of governor
pending the trials termination.
when these articles of impeach-
ment were first presented" Judge
Herrick said, the governor was ad-
yised that there was doubt about the
legality of the proceedings and for
that reason he declined to step down
from his office. Ever since the re-
cent decision of Supreme Court JUS
tice Hasbrouck, ruling that he mad
not the right to pardon prisoner, ne
has ceased to exercise any of the
functions of his office. Governor
Sulzer will perform no functions of
governor in the future. pending the
termination of his trial"
Judge Herrick had the floor through
out the morning. After a long address
in support of his motion for the dis
missal of three articles of the impeach-
ment dealing with Suffers statement
of campaign expenses and alleged spec
ulations in Wall street he summed up
his argument as follows:
Herrick Sums Up.
1.-The failure of the governor to file
a complete and accurate statement of
campaign contributions did not consti-
tute any offense recognizable by law.
"The election law does not require a
statement of contributions made to
candidate The failure of a candidate
to file the statement required by this
act is not an offense. but subjects him
to a peremptory demand by a court to
perform this duty. William Sulzer
never received such a demand.
1.-The statute recognizes a candidates
right to be given notice of errors in his
statement and his right to an opportun-
ity to correct them. The state cannot
call him to account until it first has
accorded him these rights.
1.-The penal code does not require
candidate to file a statement of con-
tributions made to him and there are
no other statutes on this subject
incorrect statements of facts, in
serted in an affidavit but not material
thereto, do not constitute perjury.
Perjury cannot be based on an
oath which was neither required nor
authorized by law.
LAS the election law does not re-
quire the statement to be verified, and
as neither the election law nor the
insert contributions made to him there
is no ground for the charge of per-
jury, nor for the charge of neglect of
duty
Creates Surprise.
These points were advanced in a
SUPPLEMENTAL brief which came as a
surprise to members of the high court,
to whom copies of Judge Herrick 5
original brief had been distributed.
Messengers were sent scurrying to
obtain law books and the members
seemed to take a greater interest in
evinced during any of the other legal
preliminaries. That a candidate for
office is as amenable to the laws gov
erning the place to which he aspires
as is the occupant of it, was the bur
den of the argument of Edgar T.