South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-20
Objections to Permitting Four
Senators to Act as Members
of Impeachment Court Are
0verruied by Judge Cullen.
ASSEMBLY RECESSES
UNTIL NEXT THURSDAY
Governor Turns Over Functions
of Office TO GIynn Pending
Outcome of Proceedings
More Charges May Come.

ALBANY. \. Y. sept. so.-Counsel
for William Sulzer lost the first skir-
mish in a legal battle Jney began Fri.
day at the second session Of the high
court of impeachment TO prevent the
accused executive from coming TO
trial. Their objections TO permitting
four senators TO sit as members OF
the court were overruled
They next attacked the validity of
the Impeachment with a motion "a
dismiss the proceedings but failure to
complete their argument when ad-
Journment was taken until Monday
precluded a decision in the matter.
Meanwhile Gov Sulzer formally
conceded that he had no right 10 ex-
ercise the functions Of chief executive
pending the determination OF the i'm
parchment. In a letter TO Lieut.. Gov.
Glynn. he turned over a request for
the eXtradition of a prisoner explain
ing that he had taken such action be-
cause OF recent decisions Of supreme
court that the executive functions
should be performed by yourself as
acting governor"
At o'clock Friday night Majority
Leader Levy moved that the assembly
recess until next Thursday. The mo-
ton was adopted amid shouts OF JOY
and members dashed for trains and
their homes.
More Charges May Come
In making the motion for a recess
AIR. Levy explained that the senate
had adjourned until the same day ana
that even If the board OF managers
put additional charges through the
assembly Friday night the senate
could not be notified immediately.
He made an urgent plea for a fun at
tendance next Thursday.
II is generally understood that the
charges were completed FRIDAY. The
three chief allegations are, it is said.
that the governor usurped the powers
of his office following his impeach-
ment. made a prediction promise TO
make Dr. Julius Broder state COM
missioner of health. and failed 10 ac-
count for the fund which he obtained
TO wage his direct primary campaign.
Chief Judge Cullen led his black
rObed assistants into the senate at
0.05 o'clock The first business he
fore the court" he said. "is the re-
ception Of the report OF the commit
tee on rules"
Sen Wagner presented the rules
which were purely formal and they
were adopted without a roll call Inn
mediately the court plunged into its
opening fight over the right of the
four senators TO sit
At the outset Chief Judge cullen
warned Judge D. Cady Herrick. who
arose to present the challenges :hat
one fundamental question 10 be de-
termined was:
Has the respondent the right 10
make tile challenge AT al?'
Judge Herrick read his attack rap
idly. In word OF the challenges
were:
Against Wagner-That he w2s in
terested because ne would succeed IN
the Office Of lieutenant governor in
case the Impeachment was sustained.
Against Frawley. Ramsperger and
Sanner-That they Were prosecutors
in the case and had already formed
and expressed their judgment
BE Beyond Suspicion.
while this court Is convened 20
try the governor" Judge Herrick
SAID 'thc court itself. ] say with all
due respect is upon trial II is not
sgf tnt that like Caesars wife. you
sh, Doe rirtuous. but YOU must be-
ar suspicion in ali your member
snip.
There can De no question but that
the senators who participated in the
investigation Of the FTawley COM
mittee have deliberately formed and
expressed an opinion upon the guilt
OF the respondent"
Judge Alton B. Parker in reply
talked earnestly. emphasizing his
words by sweeping gestures declaring
the court was without authority 10
exclude any member or the court.
Presiding Judge cullen upheld
Parker in a personal opinion which
he said was subject TO the action ~
the court and when the roll was
called upon the question as 20
whether OF not the challenge should
be received. every senator and every
judge voted no.
Then Atty Louis Marshall for Gov.
Sulzer. attacked the jurisdiction ~
the court in an argument - which
ne went into the coastitutIOuality ~
the assembly's action in presenting
the Impeachment Charges
Judge Parker desired 80 consult
with his associates upon the reply
and court adjourned until . o'clock.
In the meanwhile the keeper OF the
Albany county penitentiary had open
ed his hOspitable doors early Friday 60
receive James G. Garrison, New Nork
newspaper man and one OF SulzeTs
most trusted ieutenants. wha was ao-
judged in contempt of the assembly
morning.
May Amend Charges.
The eaBeruesS of the Iammanv
crowd 20 amend the articles OF inn
parchment is the plainest Indication
or weakness that the opponents of TIE
governor have yer shown. IL is
thought that they DO not think they
have two-thlrds OF the court cinched
and prefer not 20 risk "a setback prior
Co the November elections.