New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-09
After Hearing Argument on Both
Sides Justice Hasbrouck al.
lows Counsel Two Days.
PARDON LEGAL, SAYS TRACY
Contends Assembly Was With
out Right of Impeachment
Opinion of Court of Appeals
Hoped For Before Sept. IS.
rBy Telegraph 70 The tribune

Court, at Special Term THIS afternoon
! Justice Hasbrouck reserved decision and
gave counsel two days in which 10 file
briefs Robin was present Ia the custody
| OF an officer.
The proceeding arose over the refusa.
| Of Warden Hayes. Of the BiackwelPs ISL
| and penitentiary. TO recognize the par
don GRANTED TO Robin by Governor SulZer.
and the main contention, Of course, WAS
as 10 the status of Sulzer since his I'M
| parchment
The questions were. first. whether the
Assembly, as one OF the two branches
! of the State Legislature. had right to
act as an impeaching body at an eX-
traordinary session called by the Gov
ernor for another purpose, and. second,
whether the Hing OF articles of impeach-
ment by the Assembly acts as check
upon the Governors exercise Of execu-
tive functions.
Contending for the negative position IN
both questions and in favor of Robin and
Governor Sulzer. were General Benjamin
+. Tracy. william g. Bennett, Samuel
Bell Thomas. Charles Morse Whitney.
Frank ID. ireland. attorney for Robin, and
j..
Archibald r. Watson, Corporation Eoun-
sci of New York; John T. Norton. Deputy
Attorney General, John X. Clark, Assist
ant District Attorney. and Senator Edgar
r Bracket OF Saratoga.
The position OF District ATTORNEY whit
man. OF New York. who was present but
did not participate I'm the argument, and
his staff was stated By Mr.. Clarke, who
said that II the Governor saw III TO par
don Robin the District Attorney had no
quarrel with him The District Attorney
had previously recommended clemency.
In view OF allegations In Robins petit
ton he asked leave 20 submit CORE
spondence between the District Attor-
neys and the state executives offices 10
which Corporation Counsel Watson Cd
iectcd Allegations regarding the convlc-
ton were thcreupon withdrawn by ROD
ms counsel. and the entire matter was
submitted 20 the court solely upon the
legality Of Governor Suffers pardon.
4 decision on this question is desired
BY both sides from the Supreme Court
the Appellate Division and the Court OF
Appeals before the Sulzer impeachment
trial begins. on September -. the Legality
Of the pardon depending. according 20
statements OF counsel. upon the deter
mlnatlon OF tho Legality Of tbs impeach-
mcnt
General Tracy made the principal argu-
ment FOR Governor Sulzer. The constltu-
ton. he said. requires the Legislature TO
meet annually. and when II adjourns sine
die Us nfe as a legislature IS at an end.
The Legislature Of 1915 adjourned sine de.
he said. and then both branches were
called together IN extraordinary session
Tor certain specified purposes. There could
lie no meeting OF the Assembly except as
an Integral part of the Legislature. and
while The Governor m!sht call the Legs
iature or the senate In extraordinary ses-
sion. he had no power TO call the Assem-
bly. which Is the impoach.ng body. alone
and. conversely. the Assembly could not
call itself together.
Calls Il Revolutionary.
Shall the Assembly OF us own motion
meet and ne articles OF impeachment
against the Governor at an extraordinary
session called for special purpose only
he asked he cited the constitution 10
prove that no such power existed.
why" said he. then the Assembly
could meet anywhere. at any time-even
In Tammany Hall. II you please-and by
A two-thirds vote impeach the Governor
or all Of the judges In the state. ana THIS
would overthrow the government itself.
IL. would be revolutionary. II depends
upon the significance Of the word M
peachment.' which is only a charge. like
an Indictment. There must be vacancy
Of the office before the Lieutenant Gov
ernor can act. and there is no such va
cancy now"
Is there any difference between a meet
ing Of the Assembly and legislative ses-
SION" inquired Justice HasbrOuck.
There is very broad distinction.
There Is no such thing As meeting OF
the Assembly except as an integral part
of the LEGISLATURE. The Governor has no
power TO convene the Assembly alone,
and the Assembly cannot convene ltset
I'm extraordinary term" was the answer
OF General Tracy
The Assembly acted under power gwen
by the constitution. but which is invested
I'm II only In regular legislative session
and can be employed only then. No mem
Der Of the Assembly had notice that tho
subject OF impeachment was TO come be-
fore IL prior TO that meeting. Many mem
bers were absent"
What right has Robin 20 question
whether the Assembly was legally In ses-
sion or not2" Interrupted the court.
Because of the question raised as to
the validity OF the pardon"
Error OF Extra Session.
That the Governor loses his power
when impeached, General Tracy con-
tinued. Ia conclusion drawn by Inference
from the constitution. The true interpre-
tation OF Impeachment is a completed act
charge, trial and conviction-and i'm
parchment IS synonymous with convic-
ton The Governor when impeached is
merely accused, hut does not lose his
power until convicted he argued. The
question whether he can he impeached for
acts performed when not In office, Cen
eral Tracy said, he did not consider inn
portant I'm the present proceeding.
Mr.. Arnold followed on the same lines
and said he would file brief. Mr. Ben
net next addressed the court In behalf OF
the relator. In his experience In the Leg
islature this was the first time. he said.
that any other subject was taken up at
any extraordinary session OF the Legis-
lature except that for which 1t was spe-
cially called
Corporation Counsel Watson opened the
case for the opposition, expressing sur