Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-24

FOR acts done by him when a private
citizen before he had become a pub
lie official, thereby suspending him
from discharging the
duties of his office, then the door Is
opened wide to an interruptions ma
jority to impeach an official whose
conduct in Office has been upright and
honest, who has stood in the way of
graft and corruption, but who per-
chance before comig into Office has
been guilty of some indiscretiop or
worse. To impeach, in fact, notNfor
any official misconduct, but because
Of his refusal to abuse the powers of
his office.
At the Mercy Of the Assembly.
eff you are simply called upon to
determine as to whether such &C
cused official has in fact committed
the acts alleged in the articles of i'm
parchment then the executive depart
ment of the government is at the
mercy, not of the legislative depart
ment of the government, but of a
single branch Of 1t. On the other
hand, If you are to determine as to
the act, II committed, is an
offense we respectfully
submit that there must be a law gov
erning your action by which 1t may
be determined whether in truth and
in fact an impeachable offense has
been committed"
By numerous citations of prece-
dents from England and in this coun-
try Judge Herrick sought to sub
broad ground for impeachment Is
In Office.
Refers to the Three Chief Charges.
Referring specifically to the three
articles Judge Herrick said:
at should need no argument to
justify the statement that receiving
and not accounting for them,
a false return in the state
ment required to be made by law and
swearing to it, are not offenses
against the duties of the office of gov
ernor.
"The making of statement of the
receipts and disbursements as a
swearing thereto and fling
the same, has no connection with the
office to which the person has been
elected or with the duties pertaining
to such Office.
at Is a statement required to be
filed by both successful and unsuc-
cessful candidates, and the making,
swearing and filing thereof Is not a
COnultlOfl Oh Ills entering upon luc VI
flee to which the successful candidate
has been elected"
Mr.. Richards then charged that
Colwell and the governor had met at
the latter's New York home on Oc-
tober 90. and that the following day
Colweil began to purchase more Big
Four stock for the governor under
the guise of account 500 from Full
Ter & Gray. where. the attorney said,
Colwell had desk room.
Mr.. Richards then described what
he termed 1.-The secrecy surrounding
the delivery of the Big Four stock" to
Colwell at the latter's Brooklyn office.
The prosecuting attorney then took
up the Governors statement of cam
paign expenses which recorded the
receipt of but $5.460.
Speaks of Significant Silence.
HE reports sixty EIGHT contribu-
tors" Mr.. Richards continued, and
while they are all undoubtedly es-
Unable men there is not to be found
among them any man OF prominence
In the financial world, not a single
contributor whose name could carry
meaning to such electors as might
examine the statement.
There Is no report of any con-
tributions from such financial mag
mates as Jacob H. Schiff or E. C..
Benedict; not from Myers, the bank
err. nor from Morganthau or Me-
Combs; nor from wealthy men iden-
tied with the brewing and liquor i'm
terests whose contributions had been
received by the respondent. We shall
ask the court to infer that it was not
by accident but by design that the
names of wealthy and powerful con-
tributors, whose influence might have
been felt in his administration are
omitted from the list"
Governor Suffers answer to the
charges embodied in the eight ar
ticles of impeachment, filed today
with the High Court, is as follows:
First-In answer to the first article
of impeachment this respondent adj
mits that he is the governor of this
State, for the term beginning January
1, 1918 having been elected at the
general election held on the fifth day
of November, 1912, and admits that
he made and filed in the office of the
secretary of State statement OF
moneys received, contributed or ex-
pended. as In said first article set
forth and contained; but denies each
and every other allegation. matter
and fact therein set forth and con-
tanned.
"And in further answer thereto al
leges that he made the statement In
said first article referred to in good
faith. and that at the time OF max
ing and filing the same this respond
ent believed It to be true and ac-
curate account of the moneys re-
ceived and paid out for his election
expenses, and 1t was not intended by
him to be false or an evasion OF or
in violation of the statutes OF the
State.
"Second-In answer to the second
article of impeachment, this respon-
dent admits that he is now the gov
ernor of the State, having beel elect
ed thereto on the 5th day of Novem-
Der, 1912, as in said second article set
forth, and that he filed a statement
purporting to be a statement of all
the moneys received. contributed or
expended by him, as candidate for the
office of governor, as set forth in said
second article, but denies each and
every other allegation matter and
fact therein contained and set forth.
"And this respondent, further an
swering said second article of inn
parchment, alleges that he made the
statement in good faith and that at
the time of making and swearing to
the same he believed 1t to be a true
and accurate statement, and that the
same was not intended by him to be
false or an evasion of. or in violation
Of the statutes of the State.
'Third-In answer to the third ar
ticle of impeachment he admits that
at the time therein alleged and set
forth, he was, and now is. the Gov
ernor of the State of New York. and
denies each and every other allega-
ton matter and fact in said third ar
ticIe set forth and contained.
'I'ourth-In answer to the fourth
article of impeachment he admits
that at the time therein alleged and
set forth he was the Governor of the
Cfo 70 NJ Nan XnrL and dppiaa each