Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1913-09-26
SUI zER LOSES
FIRST TEST VOTE
Impeachment Court Seats -Four
Challenged Senators,
QUESTION VALIDITY OF TRIAL


Proceedings, Claiming "Court Is
Without Jurisdiction and Charges
Are Void"
Governor Suffers foes won the first
real skirmish in the legal battle before
the high court OF impeachment IN Al
5any, n. Y. when the efforts OF coun-
sci for the ilnpeached executive 10
have Senators Wagner, Frawley, San
ner and Mamsperger excluded from
seats In the court met with defeat.
Following this, the court plunged
into the arguments by counsel on the
question whether the assembly had the
power to impeach the governor al us
extraordinary session and whether the
court itself is so legally constituted
as to have the right to try him. The
court adjourned until Monday while
The argum ents were in progress.
D. Cady Herrick, chief Of Suffers
counsel, appealed for tho exclusion Oh
Erawley, Transporter and Sanner on
The grounds that they were members
of the co@mittes that indieeed Sulzer
and therefore were biased In their
views. The contention against Wagner
was that he was in line to become the
lieutenant governor of the state should
Sulzer be removed, and therefore that
he might render a decision OF guilty to
further his own interests.
Chief Judge Cullen, president of the
high court, after hearing the argu-
ments for and against the debarment
of the four senators, gave it as his
opinion that the senators should Dei
permitted to sit, but said that he would
put the question to vote OF the entire
court. The court, by unanimous vote,
refused to consider the challenges.
In addressing the court Judge Cul-
len said that no court had the right to
sit in judgment on any one OF its
members. In this, he said, court d1r-
lered greatly from a jury, the qualih-
cations of members of which might be
decided by the courts.
The vote came after legal argu-
ment between Judges Herrick and
Parker, representing the defense and
the prosecution, respectively.
Judge Herrick's chief argument was
that no man might sit both as prose
cutor and judge. In reply, Judge Par
ker said the members Of the court
were here as representatives OF the
whole people, that the people estab-
lished the court of impeachment in
the beginning, and that none other
than the people had a right to remove
the representatives.
After the vote had been taken,
Judge Cullen directed Clerk McCabe
to read the articles of impeachment.
The motion by Senator Pollock, OF
New York, that the reading be dis
pensed with, was lost, and the clerk
began slowly to read the lengthy ar
ticles.
What answer does the respondent
lnterpose to the articles of impeach-
ment filed by the assembly," queried
Judge Cullen when Clerk McCabe had
finished his reading.
Judge Herrick thereupon stated that
pursuant to notice objection would be
made to the validity of the impeach-
ment, and Louis Marshall, of the gov
ernor's counsel, would argue that
point.
Mr.. Marshall, reading from a pre-,
pared BRIEF first asked that the entire
proceedings be dismissed upon the
ground that the court is without
jurisdiction and the charges are null
and void and Of no effect
The principal attack WIS directed
against the constitutional:ty cf tie ac.
ton of the assembly in adop ing the
Impeachment articles during an ext
ordinary session, when the subjec
matter had not been recommended b.
he governor
Governor Sulzer did not recon- ,,
mend the subject Of his imDeacl
ment," said Mr. Marshall, "!or di ne
in any way suggest the consideration
Of any charges against himself"
Wnen Mr. Marshall concluded Judge
Cullen asked If counsel for the man.
ags~s contemplated taking ;s;ue with
any OF the facts, as distin ~uishcd from
the points of law, raised b" the gov
ernors counsel Judge Parker asked
for a five minute recess while he and
his colleagues considered the m1tter.
When the court re"onVen21 Jonn
3. Stanchfield, attorney for TIE board
Of managers, opened the proceedings
by making answer briefly to the ale,
cations of the governo" tha. The i'm
peachment proceedings were irregu !
lar.
Subsequently Mr.. M1rshall becen
long argument Of the contention Of
Governor Suffers counsel that the as
sembly was not consIitu: lon1lly con
vened when the impeachment articles
were adopted, and that therefore the
impeachment was invalid. He was sill!
speaking when the court adjourned.
Coughs, Falls, Killed.
George A. Horn, sixty e ght years
old. Of York, Pa, was killed on Fri
day by fall from his front porch to
the pavement, a distance Of eight |
feet. He was seated in 2 rock:nr char
paor tho edpn of tho porch whom h |