Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-23
Ceases to Exercise Executive
Functions Pending the I'M
peaChment Trial.
COURT Rejects MOTION
TO QUASH PROCEEDINGS
Arguments Today on Proposal to
Strike Out Charge of Filing
False Statement.

ALBANY, n. Y, September CD
Cady Herrick. counsel for Gov Sulzer.
| announced at the outset OF todays ses-
sion or the high court of impeachment
that the governor would cease henceforth
to exercise the functions of the executive
office until the termination OF his trial.
Judge Herrick had the floor throughout
the morning session, presenting argu-
ments In support of his motion for the
dismissal of three of the articles OF i'm
parchment, dealing with Suffers state
ment of campaign expenses and alleged
speculations in Wall street
Counsel's Last Stand.
| When the high court was called TO order
today his attorneys We're prepared to ex-
haust the last of their legal ammunition
to prevent the story of his alleged mis-
use of campaign contributions from be-
! ing told on the witness stand.
Defeated yesterday by a vote of fifty
one to one on their motion for dismissal
of the Impeachment the ground of its
unconstitutiOnality, the governors coun-
! sci today offered a motion to strike out
the three articles of the impeachment
charging him with filing a false statement
of campaign contributions and with the
use of funds for speculation in Wall
street
The motion was prepared by d. Cady
/ Herrick, who argued that the alleged Of
| lenses We're not impeachable the
ground that they were committed before
the governor was sworn into office.
Former Senator gar 7. Drackett WAS
| appointed to reply in behalf of the as
| semblymen.
Substance of His Brief.
His brief, which was made public yes
| terday, held I'm substance that the acts
of candidate for political office during
a campaign and after he has become IN
| officer-elect are so Intimately connected
| with the actual holding Of the office az
| to be inseparable. The decision of the
| court on this question, whether affirma-
| tive or negative. should clear the decks
for beginning the actual trial of the case
1 tomorrow unless SOMETHING unforeseen
| arises.
If decided in the affirmative. it was
stated. there would still be i've articles
of impeachment to which M. Sulz r will
have to answer. Conviction on any one
article might result In removal
| Eugene Lamb Richards. of counsel for
the managers. will make the opening ad-
| dress outlining the evidence to be pre-
| sented. The taking of testimony will
| follow Immediately.
One of the leading Sulzer lawyers
Judge Irving G. Vann OF Syracuse. was
| forced to return home today ON account
| of illness. His brief I'm support of the
contention that the assembly was without
authority to impeach for offenses which
occurred before the governor assumed
Office, was read by one of the other law
yers.
Nearly all the members Of the court
were In their seats when the crier, at the
direction of Presiding Judge Cullen.
sounded the familiar Hear ye. hear ye."
,I-I
of the respondent" said Judge Cullen. Ito
dismiss the articles of impeachment on
the ground that the assembly had no right
| to prefer the charges at an extraordinary
session, ii now becomes incumbent upon
the respondent to make answer to the
charges.
Sulzer Abandons Claim to Office.
Judge Herrick. chief counsel for Gov.
Sulzer. then took the floor. He an
nounced that i'm view of the fact that the
court had refused to dismiss the proceed
ings. the governor would renounce his
claim to the right to exercise the func-
tions of governor pending the termination
of the trial
when these articles OF impeachment
were first presented" Judge Herrick said.
| the governor was advised that there was
doubt about the legality of the proceed
! ngs, and for that reason lie declined t.
step down from his office. Ever since the
! recent decision of Supreme Court Justice
|. HaSbrouck, ruling that ne had not the
right to pardon prisoner. he has ceased
to exercise any of the FUNCTIONS of his Of
tice
of governor in the future pending the ter
mination of his trial
Judge Herrick's Argument.
In the course OF his argument in sup
| port of the Sulzer contention, Judge Her
| rick said:
THE failure of the governor to iie
| complete and accurate statement OF cam
paign contributions did not constitute any
offense recognizable by our laws.
..The election law does Tot require
statement OF contributions made 10 u
! candidate.
.'The failure OF a candidate to nle the
| statement required hy this aet IL not an
| offense, but subjects nim To Il pereinptory
| demand by court to perform this duty.
"William Sulzer never received such a
demand.
.'rhe statute recognizes candidates
| right 10 be given notice 81 errors in his
statement, and his right To AN oppor-
tunity to correct EN-. Tine state can
not call him to account until IL first has
! accorded him these rights
/ Penal Code Requirements.
| .The penal code does not require a
candidate to file statement of con-
| tributtons made To him. and there are
no other statutes on this subject
incorrect statements OF facts. in
serted in an affidavit but not material
thereto do not constitute perjury.
Perjury cannot be based an oath
which was neither required nor au-
thorized by law
.As the election law does not require
the statement TO be verified. and IS
neither the election Law nor the penal
code requires the candidate TO insert
contributions made to him, there liz no
ground for the charge OF perjury. nor
for the charge OF neglect Of duty.
These points were advanced In a sup
Elemental brief which came as a surprise
| to members of the high court. to whom
copies of Judge Herrick's original brief
| had been distributed Messengers were
sent scurrying to obtain law books, and
the members seemed to take greater In
terest In the new contentious than they
had evinced during any Of the other legal
preliminaries. Informal whispered COM