The chronicle=news., 1913-09-22
IMPEACHMENT NOT
PROPER At EXTRA
SESSION IS ARGUED

Albany. y. l.. sept. c..-GoStf-
nor Sulxsr's legal artillery resumed
action this AFTERNOON when the court
of Impeachment. which began last
week bis trial for alleged high crimes
and misdemeanors. was called TO or.
der BY Presidlnx Judge Cullen NJ :.
o'clock. ...
Attorney Louis J. Marshall contin-
usd the argument which he did not
fiuish when tho court adjourned ON
Friday. In which he held that the
COVER nor was unconstitutionsiiy I'M
peAched.
with all Soiemnity." he said. we
express confidence that this tribunal
will not be sway-d from u proper and
due regard OF the mandate Of the
constitution. by the unworthy sus-
s~stion that TO do 70 IL to permit u
technicality to triumph. To dis
miss the articles OF Impeachment
which have been presented to thi.
tribunal. for lack of Jurisdiction.
would not bc n triumph of technical
ity. II would be victory of the con-
~tiiution aud the law. II would be-
u vindieation Of that sacred ins,ru-
mrnt to which We all owe fcaiy."
Mr.. MsrShaii quoted prcccdcnts
In support Of his contention that the
assembly In extra session was cntiii-
ri to consider only subjects called 10
Its attention by the governor.
Whenever an extraordinary sc~-
sion has been held" he said. mot
even an appropriation bill to cover
cxpcnscs OF the scssIon has been at.
tempted to be- passed. except on the
specific recommendation Of the Eov-
rruor.. There II not to be- found In
the history Of any OF the states .
single instance Of tho Institution OF
Impeachment proceedings at an ex-
traorsiinary session Of tho lcsisia.
tupre.''
Answering the argument that the
legislature exercised not . icKisla-
tive but = judicial function. Mr.. Mar
shall held that an impeachment was
equivalent to an Indictment and that
tho assembly exercised no other func-
tion than that Of = grand jury.
When . grand jury finds an In.
dictment." he continued. lit does not
act judicislly any more than In those
Jurisdictions where informatioas
have taken the place OF Indictments.
the filinG OF an Information by . dis
trict or state attorney can be said 10
he u judicial act.
1T will doubtless be argued that.
under our Interpretation. the cover
nor could not he lmpcached except
a: regular session of the iesisla-
turr. since II would he unnatural for
him to recommend to the legislature
at an extraordinary session the con-
Sidcration Of the subject Of his I'M
parchment. This. Il 10 claimed. con.
xtitutes q reduction ad ahsurdum Of
our contention.
That. however. is n complete bag
sing OF the question. The mere fact
that the trainers Of the constitution
have not provided for the contingent
cy OF the Impeachment Of the COVER
nor at mn extraordinary session. does
not deprive the clearly conceived lin
Itations on the powers OF an extra
ordinary session Of their undoubted
Significance. or render them ineffcct-
ual In whole or in part
Judge Alton Il. Parker. on behalf
Of the assembly board Of managers.
replying to the contentious Of At
torney Marshall. argued that the as
sembly would not be legislature was
the impeachment body: that its act
was n judicial and not legislative
function nnd that the governor has
nothing to do with the subject OF I'M
oh,