The Prescott daily news., 1913-09-20
COURT REJECTS CHALLENGES AGAINST SENATORS BECAUSE
 OF PREJUDICE.
RULES OF TRIAL ADOPTED
supreme Court Procedure to Be Fol. lowed by Tribunal in Impeachment Hearing-Friend of Governor
 Imprisoned for Contempt.

Albany, N. Y, Sept 20.-The high court of impeachment in the case of Gov. Sulzer adopted without obiec- ton the report of Senator Wagner, chairman of the committee on rules.
 The rules provide for daily sessions except Saturday, from 10 a. m. to 12:3O p. m. and from to D. m. On Mondays the court will convene at 2 p. m. and sit until D. m., and on Fri days the hour of final adjournment Will be 3:30 D. m. The hours may be changed from time to time by the court
 The conduct of the trial is to be governed by the rules prevailing in the supreme court of the state.
 If two-thrds of the members pres ent shall concur in the finding guilty upon any one or more of said charges the president of the court shall in the same manner put, and the members of the court shall in the same man. her answer, separately, the further questions:
 Shall William Sulzer be removed from his office of governor of this state for the cause stated in the arti- cle tor articles) of the charges pre- ferred against him upon which you have found him guilty?'
 "'Shall William Sulzer be disquali- fled to hold office of honor, trust or pr fit under this state?' oe court shall be certified by the presi- dent of the court and the clerk of the court"
 Gov Sulzers personal friend and special graft investigator, James c. Garrison, spends his time in a cell of the Albany county penitentiary. He was remanded to that institution by the sergeant-at-armS of the state as- sembly for refusing to answer ques- tions put to him by the speaker, fol- lowing his arrest on a charge of con tempt The charge grew out of his alleged statement several weeks ago that four legislators sold their votes on the resolution impeaching Gov. Sulzer.
 Herrick Presents Challenges.
 D. Cady Herrick, leading counsel for Gov. Sulzer, argued in behalf of challenges made to the seating as members of the court of Acting Lieu tenant-Governor Wagner and Sen ators Frawley, Ramsperger and San ner.
 This case" said Judge Herrick. 'in some respects is the greatest since the impeachment trial of President Johnson. It has aroused the country. There can be no no question that the senators on the Fravley committee have formed and expressed opinions on every article of impeachment
 As Judge Herrick closed, Judge Al ton B. Parker rose and began to speak without notes
 Judge Parker declared that the state constitution made no provision for judge, senator or counsel to chal- lenge any member of the high court.
 At the conclusion of the arguments, Judge Cullen said that while a record vote would be taken, he, as presiding judge would rule that the challenges could not be entertained by the court He held that there was no law where by challenges of this kind could be upheld.
 Judge Cullen cited the common law, which applied to the point at issue, and declared that, in his opinion, even though a member of the court should want to be excused from sitting he could not be excused legally.
 Cullen's ruling while expected, was distinct disappointment to the de fcnse. By unanimous vote the court upheld Cullen.