The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-21
SULZER IS FIGHTING
EVERY POINT IN CASE
Admits Glynn's Executive Power
Only With a Formal
Protest.
GOVERNOR WON'T RESIGN
Herrick Says Court Decision Is
Accepted Pending a
Reversal.
GOVERNOR WON'T RESIGN


10 the last ditch.
Resign" he exclaimed tonight IN an
swer to a question. II have no more idea
NJ doing no than have OF committing
hara-k kiri."
Before the court passes upon the point
raised BY Louis Marshall. counsel tor
Gov. Sulzer. that the constitutional rights
NJ twenty-eix Assemblymen who were
absent from the session Of August IL
were violated because they received no
notice that the impeachment articles
were to he presented Speaker smith ana
Clerk Van Nance will be asked II the
Assembly had received previous notice OF
the intention to present the impeachment
articles
Such notice was not given to any OF the
Assembly men specifically. although they
all knew that the question was to come
up befor. the Assembly when II did and
they received kilograms from the Speaker
10 attend the session Of August l3.
Counsel for Gov. Sulxer made a strong
point on this omission Of specific notice
Counsel for the impeachment man
ayers declare that II the court OF I'M
eachment should lay any stress upon
this contention these twenty-six absent
Assenbiymen could be sworn TO ascer-
tain II they did not know that the ar
,ic,es Of impeachment were to be consid-
cred when they were and " they had
stayed away because they did not want
TO 70 on record on the question or because
they could not leave their business or
were i'll.
Absestees Net Needed.
Counsel for the board Of managers
however. do not believe that II Will be
necessary to call these twenty-six As
sembiymen. They point out that 70. or
three more than . majority Of the elected
15O Assemblymen voted for the articles Of
impeachment and that even II an the ab-
sent Assemblymen had been prepent and
voted against impeachment the vote
would have been - to 81 and that inn
parchment articles would have been
adopted just the same.
Mr.. Van Nance was subppnaed to ap-
pear as witness on Monday. but no
subpoena was issued for Speaker Smith.
who was out OF town to-day.
1t IL plain that Gov Sulzers defence
at the outset will be that he cannot be
placed on trial for acts committed be-
fore he became Governor on January I.
! II the court Of impeachment rules
against this contention his counsel
will attempt to prove through the testi'
mony Of Mrs. Sulzer. OF Louis A. Sarecky
! the Governors confidential secretary for
several years. who handled his campai ign
funds last fall. and Of Frederick l.. Col
well. the supposed dummy for Gov. Sui.
ger in his Wall Street speculations. that
Gov. Sulzer had no knowledge Of ths
transactions which resulted In his filinl
an election statement that his campaign
fund receipts did not exceed $3.50 ant
that his expenditures were S7.72N.
ssIser's Defence Plas.
That this is the plan Of Gov. sulxer'i
defence is indicated by the motion Of hi
counsel before the court Of impeach
ment to strike out the hrst. second ant
sixth articles OF the impeachment.
with these articles out Of the impesch
ment papers all that would be left wOult
be the charges that the Governor VA
guilty Of bribinE witnesses to Withhold,
'."'o"s ., 49,.
'""' "e "". s"S "
anu as"s u".e" W ,,o''
'es'"y"s "e'o'e '"e fe' '"'..n''ee
that ne threatened 10 use MS o''ce
Governor 10 a"ect the vote or ponucS
ac''oh OF me iek's'ators Oh NJ" o'rec
primary bill and other legislation. ant
that he corruptly used his power AZ Gov
ernor to snect the prices OF stocks on tn
Wall street stock Exchange.
s"'sers '"ssse' e""soes''
Gov. sulzer's counsel are confident tina
the court Of impeachment will rule ou
consideration OF his election expense state
ment. becau II relates to acts co,nmitte
before he assumed the once Of Governor
. The other articles Of impea chment mainl
rest on the effort Of the Frawley com
mlttee to prove the election statesnen
untrue
Counsel feel that with the election state
,,nr., chr,.nt there vou,d be nothing "a