Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-23
.SDLZ[R CEASES 70
ACI IS governor
ANNOUNCES he WILL CEASE TO
EXERCISE DUTIES DURING
TRIAL.
FINAL EFFORT MADE TO
FoREsTALL TESTIMONY
aevsrners Counsel Seeks TO Have
s4rieIsn From Records Three A..
tielss Of lmpsaehment Relating to
Misuse Of Campaign Funds = Five
Rsnainins Articles.

Misuse Of Campaign Funds - Five
Rsanainins Articles.
Albany, n. z. Sept. 23.-D. Cady
Herrick. counsel for Governor sulzer,
announced at the outset Of today's ses-
sion Of the court Of impeachment. that
the governor would cease henceforth
to exercise the functions Of the execu-
tive office until the termination Of his
trial.
Nearly all the members Of the court
were present.
"This court having overruled the mo-
ton OF the respondent" said Judge Gull
len. ito dismiss the articles Of impeach-
ment on the ground that the assembly
had no right to prefer the charges at
an extraordinary session. 1t now be-
comes incumbent on the respondent to
make answer to the charges"
Judge Herrick, chief counsel Tor
Governor Sulzer, then announced In
view of the fact that the court has re-
fused to dismiss the proceedings the
governor would renounce his claim 10
the rights to exercise the functions OF
governor pending the termination OF the
trial.
.swhen these articles Of impeach-
ment were first presented, he sald'
"the governor was advised that there
was doubt about the legality OF pro-
ceedings and for that reason ne de-
clined to step down from his ofhce'
Ever since tho decision Of Supreme
Judge Hasbrouck, ruling that he had
not the right 70 pardon prisoner, ne
h.x ceased to exercise any of the func-
lions 81 his office. Governor Sulzer
win perform no functions Of governor
y in the future pending the termination
OF his trial"
Aulxer Makes Another Move.
When the high court for tho trial OF
imnsachment OF Governor Sulzer was
called to order today his attorneys
were prepared to exhaust the last OF
their legal ammunition to prevent the
story of his alleged misuse OF campaign
contributions from being told on the
witness stand.
Defeated yesterday by vote OF 81
to ON their motion for dismissal OK
impeachment on tho ground OF It's un-
constitutionality, the governors coun-
sci today offered . motion to strike out
the three articles Of impeachment
charging him with filing q false state
ment Of campaign contributors ana
with use Of the funds for speculation IN
Wall street.
Tho motion was prepared by d. Cady
Herrick, who argued that the alleged
offenses were not impeachable on the
ground tbat they were committed pe-
fore the governor was sworn INTO otnce'
PROSECUTORS Combat Plea.
Former Senator Bracket was ap-
pointed to reply in behalf OF the assem-
bly, managers. His brief. made PUBIC
Yesterday. held in substance that the
acts Of . candidate for political oince
during q campaign and after he had
become an officer elect are 50 intimate
ly connected with the actual holding
nf the office as to be inseparable.
Tho decision Of the court on the
question should clear tho decks for be-
ginning the actual trial of the case to-
morrow unless something unforeseen
arises
II in the affirmative there still will be
five articles Of impeachment. Convic-
+ion on any one article might result In
removal.
Eugene L. Richards, Of counsel for
the managers, will make the opening
address. outlining the evidence to be
nresented. The taking Of testimony will
follow Immediately.
Hsrrick Makes Long Argument.
Judge Herrick had the floor thruout
the morning session. After long ad-
dress IN support Of his motion for the
dismissal OF three articles OF the I'M
peachment dealing with Sulzer's state
nent Of campaign expenses and alleged
speculations in Wall street, he summed
up argument AZ follows:
"The failure Of the governor TO ME
complete and accurate statement OF
contributions did not constitute any or
fense recognizable by our laws.
"The election law does not require
statement Of contributions made to
candidate.
"rhe failure Of q candidate to file
the statement required by this act IS
not an offense but subjects him to q
peremptory demand by court to per-
form this duty. William Sulzer never
received such q demand.
"The statute recognizes a candidate
right to be given notice Of errors In his
statement and his right to an oppor-
tunity to correct them. The state can
not call him to account until 1t has first
accorded him these rights.
Not . Penal Offsnse.
"The penal code does not require a
candidate to file a statement Of con-
.ributions made to him and there are
10 other statutes on the subject.
incorrect statement Of facts inserted
n an affidavit do not constitute perjury
perjury can not be based on an oath
which was neither required nor au-
siorized by law.
"As the election law does not require
me statement to be verified. and az
neither the election law nor the pena
code require the candidate TO insert
contributions made to him. there Is nc
ground Tor the charge of perjury MOI
for the charge Of neglect Of duty
Thess points were advanced in I
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