Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-09-20
|SulZer Loses First Point in
Fight with Impeachment
ognizes Acting Gov. GIynn.

| Albany. Sept. 19.-Gounsel for vii
| liam s;ulzer lost the first skirmish in
a legal battle they began, today al
| the second session of the High Court
of Impeachment, to prevent the ac-
| cused executive from coming to trial
Their objections to permitting -four
senators to. sit as members of the
corut were over ruled.
They began next 20 attack the va
ldity Of the impeachment with a mo-
| tipn to dismiss the proceedings, but
failure to complete their argument
when adjournment was taken until
Monday precluded decision
Meanwhile Gov. Sulzer formally con
coded that he had no right to exercise
| the functions Of Chief Executive
pending the determination of the i'm
| peachment. In letter to Lieut. GOV
| Glynn enclosing request received fol-
the extradition of a prisoner, he eX-
| planned that he had taken such action
because of recent decisions of the SUI
preme court that the executive func-
tons should be performed by yourself
as acting governor.
After striving futilely, from noon I'M
| til 20 O'Clock. tonight to obtain
enough anti-SuIzer votes to insure the
passage of Impeachment charges, Ma
jority Leader Levy moved that the As
sembly recess, until next Thursday
The fight for additional charges will
he resumed Immediately on fhe con
vening of the Assembly and in the
meantime the Democratic leaders VIII
use every means to obtain a full at
tendance.
1t is generally understood that the
charges We're completed, today. The
three chief allegations are, it is said
that the Governor usurped the powers
of his Office following his impeaeh-
ment, made prediction promise 10
make Dr. julius Broder state commits
sioner of health, and failed to account
for the fund which he obtained t.
wage his direct primary campaign.
Gov. Sulzer passed a quiet day.
The entire session of the court ef
Impeachment was given over to legal
argument After the adoption of rules
of procedure, ID. Caddy Herriek. chief
counsel for the Governor. formally
challenged the right of Senators Fraw-
sey Ramsperger, Sanner and Wagner,
To sit as members of the court-the
first three on the ground that they
We're members of the ley investi-
eating committee on whose report the
articles Of impeachment We're based
Senator Wagner. President Pro Tenn
pore Of The Senate. on the ground that
in the event of the conviction Of the
- Il h.
profit and emoluments of the office of
lieutenant governor.
Judge Cullen put the challenge to q
vote to the result that with the eX-
ception of the four senators involved,
who asked to be excused from voting,
the 81 members present unanimously
decided against the counsel for the
Governor
Motion to dismiss the impeachment
precipitated The second contest. Z
was made by Attorney Louis Marshall
who spent practically the whole aft
ernoon session in reading a brief pur
porting to show that the impeachment
was unconstitutional. based on the
fact that it was brought while the
Assembly was in extraordinary session
put to ii by the Governor.
Mr.. Marshall declared that the i'm
parchment managers would prohabi,
assert that Governor Sulzer shoula
Not be permitted to avoid hearing
upon the charges that have been made
against him. that he should meet
those charges by evidence and not
resort to constitutional or legal OBJ
iections.
Not to enter such objections. the at
torney said. would be to treat the law
of the land as Mere jest" and would
be to Ride rough shed over the ruins
of the constitution
Before Mr.. Marshall had finished,
adjournment was taken until Mon
day His argument will be answered.
according to present plans, by Judge
Parker for the managers. In the
event that the court again rules
against the GoVernor-as many of his
pariisans. tonight feared would be the
case the next question the Governor :;
counsel will raise will be that of the
impeac Inability of the charges.
James G. Gardison. friends of the
Governor and his So called graft in
yestigator who was sent to Jail hH
the Assembly, early today, to serv7
until the expiration of the present seS-
sion for alleged contempt of that body
engaged counsel to obtain his release
but no action in that direction was
taken.
Gilbert +. Roe of New York, one al
Coy. Suffers attorneys. announced. to
night. that he would make application
for writ of habeas corpus before a
supreme court justice, tomorrow
morning. The attorney minated that
/ he would carry the case to the fed
eral court if necessary.
| Acting Gov. Glynn. today, for ths
| first time since he assumed the role
of chief executive affixed his sigma
| tuse to several bills. thereby enact
ing them into law. one bill appro-
| priated the sum of $4,000 for the ex-
penses of trial of the Impeachment.
How SuIzer Lost
| " ~ N