The Birmingham age-herald., 1913-08-23
Other Impeachments Cited
to Show Practice in Hand
ling Such Cases
NOT PROPER ACTION
FOR EXTRA SESSION
Pennsylvania, Florida, Georgia and
Minnesota Have All Had Cases
Which Are Being Cited
as Examples
RY c. %. sTEwARr

Washington, August 22-C Especial will
liam Sulzer, the governor of New York,
who has been presented by the assembly
of that state for Impeachment, challenges
the legality of the state legislature, con-
vened in extraordinary session, to insti-
tute such proceedings, on the grounds
that such action by that body is beyond
the scope OF the call under which it was
convened. This will probably be the
point emphasized by the defense when
Governor Sulzer is brought to trial be-
fore the proper tribunal the state sem
ate, and the members of the court of
appeals. To Governor Sulzer's contention
that the assembly exceeded its authority,
most of the constitutional lawyers here
agree. and they believe that ne holds the
best hand.
In state mpeachments apparently there
is but a single precedent where a leg
islature sitting in extra session attempted
to femove an official from office by i'm
peachment proceedings. and in that in
stance the jurisdiction of the senate was
denied.
Pennsylvania Case
On October 1s, 1891, Governor Pattison
of Pennsylvania convened the senate of
that state on Executive business" to
consider charges against Harry K Boyer.
state treasurer, and Thomas McCamant,
auditor general. The officials were ac-
cused OF having wasted the states funds
by permitting John Bardsley, city treas
urer of Philadelphia, in consideration of
alleged bribes paid to them by him., to re-
tain state taxes which he had collected
and was alleged to have embezzled in ex-
cess OF 100000.
Counsel for the defense objected to the
jurisdiction of the senate upon the
grounds that tho governor had no power
TO institute the charges; that they were
not executive business" and that no Of
ficer should be removed for an impeach-
able offense without first having been pre-
viously convicted upon an Impeachment.
The senate by vote of 2S to 10 upheld
these contentious.
Florida in 1868
In 1868, Florida witnessed a situation
very similar to that now maintaining in
New York. On November 6 the house
of representatives impeached Gov Har-
iison Reed. On the same day its commit
tee presented tho impeachment to the bar
OF the state senate, s w nile THIS entre
body numbered "a, only eight were pres
ent. and these constituted majority of
those in office, as there were at the time
a number of vacancies and disqualified
tons.
Under the state constitution impeach-
ment suspended from office until the ter
mination of the trial. and that night Lieu
tenant Governor William II. Gleason is
sued a proclamation that he had taken
possession of the governors office. The
following day the assembly adjourned un-
til the first Monday in January, 1869, and
the senate not concurring, the lieutenant
governor, acting governor, sent a mes
sage adjourning that body.
Governor Reed, however, as has Gov
ernor Sulzer, refused to recognize his I'M
peachment or to surrender any of the
duties of his office, and called upon the
state supreme court to determine whether
there had been a quorum in the senate
when the charges were presented. LIEU
tenant Governor Gleason wrote the court
that the question was one exclusively III
the jurisdiction Of the senate and assem-
bly,. The court, however, held unani-