The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-19
Forty.eight Senator's and
Nine Court Of Appeals
Judges Sit.
SCLZER NOT PRESENT
His COunsel's Protests Wait
on Adoption of Rules
To-day.
SESSION OF 55 MINUTES
Presiding Judge Cullen Is
Dominant Figure in
High Court.
ADMINISTERS SOLEMN OATH
Proceedings in Senate Chamber
Are Marked by Great Dig
nifty and Quiet.
ADMINISTERS SOLEMN OATH

hLhANN, SEPT. Ie.--In IIty-NNe tense
minutes. half OF which were consumed
In swearing In its members. the high
court Of Impeachment was organized
to-day to try William Sulzer. Tonight
both sides are preparing for the long
argument as to the right to try him.
probably coming tomorrow. and which
will precede the taking Of testimony
The court adjourned to-day after ap-
pointing a committee on rules and pro-
cedure. In the brief, rapidly moving.
solemnly picturesque session which be-
gan at noon and ended at 1865 o'clock.
It was made plain in two ways that Gov
sulzer does not yet recognize the author
ity of the high court.
When Presiding Judge Edgar N. cul-
len called for 1.-The Governor OF New
York" Mr.. Sulzer did not respond he
was at home with his wife.
Ex-Judge D-Cady Herrick, who rose
In the Governors behalf. said: I'VE ap-
pear specially for the purpose Of raising
certain questions regarding the organl-
zation OF the court and its Jurisdiction
over the respondent"
Gov. sulser Protests.
In other words, Judge Herrick and the
six other lawyers who sat with him
around a mahogany table represented
not Sulzer the defendant but Sulzer the
protestant on constitutional grounds
against the right Of this court to try
Judge cullen ruled that time for cha!-
lenges and for constitutional debate, if
either is to be permitted, Is after the
rules committee has reported. That re-
port is due tomorrow morning at 10
o'clock.
The Senators whom Mr. Herrick wishes
to challenge are three members of the
Frawley committee. Senators Frawley.
Ramsperger and Sanner. because he
| thinks that having prepared the i'm
peachment evidence they prejudiced the
case. and Senator Robert +. Wagner.
| who. according to the theory that ne is
acting Lieutenant Governor in the i'm
peachment' period. Is constitutionally
barred from the court. in the opinion
Of the Sulzer defenders.
~ Senators, . Judges.
! The High Court as organized to-day
has fifty- seven members, and thirty nine
will be necessary for conviction. Forty
eight Senators said Here" when Clerk
Patrick T.. McCabe called the roll and
nine Court Of Appeals Judges. The only
absent Senator was John c. Fitzgerald
OF New York and the absentee Judge
was John Clinton Gray. who 10 In
Europe.
The three former Supreme Court Jus.
tices who are in the Court Of Appeals by
designation. Hiscock. Chase and Miller.
all Republicans. were permitted to sit,
nobody questioning Judge Cullen's opin-
lon that they should be. The celebrity
with which Judge Cullen stated that opin-
ion seemed to startle Alton b. Parker Of
the prosecution and ex-Judge Herrick Of
the defence. but their acquiescence was
a. courteous as 1t was quick.
Few persons here believe that Judge
Herricl will get In his point as to the
unconstitutionality OF the trial. but II .
vote Is permitted he will get an idea ot
what the Court Of Appeals Judges think
of this important contention of the de-
fence. and that Is what Gov. Sulser
wants.
In the way Of impeachment trials,
certainly neither Warren Hastings. a.
ways tho classic reference; Andrew
johnson nor New York states own Judge
Barnard was subjected to a fairer or, to
those present, a more impressive ordeal
: than the one upon which William Sui
ger entered to-day. Say what you like
Of New York legislators. those senators
VI at the Capitol are slttlas - impartial