Courier Democrat. (Langdon, N.D.) 1891-1920, 1913-09-25
Governor Loses His Fight to
Dismiss Case.
COURT Is NEARLY UNANIMOUS
BY a Vote of 81 to 1 Members Over.
rule Motion to Throw Out the
Proceedings.
Albany, N. Y, Sept. Ex-Governor

Albany. N. Y. Sept. Ex-Governor
William Sulzer must so to trial.
This was decided b. the high court
of impeachment When by a vote of 81
to 1 its members oyerruled the motion
Of the governors counsel to dismiss
the proceedings on the grounds that
he was unconstitutiona!ly impeached
by the assembly. because that body
was in extra session when the I'M
parchment was brought.
Senator Gottfried H. Wende of Buff
falo, Democrat, an ardent supporter
OF the governor, cast the solitary nay.
Seven members OF the court were alb
sent.
The governors defeat was the sec.
ond that had marked the battle waged
by his attorneys to %annihilate, as far
as possible, the Impeachment proceed
ings.
Last week the court thwarted their
attempt to prevent four senators from
sitting as members.
Their remaining ammunition con-
slsts OF arguments to prove that GER
tain OF the offenses charged against
the governor are lot impeachable.
The vote was taken in secret ses-
sion after speeches by the opposing
attorneys.
Judge Cullen Presides.
When the time came for the court
to render its decision Presiding Judge
Cullen announced that he did not feel
inclined to use the power granted him
under the rules to be the first to ex-
press an opinion.
MY brethren" he said, you will
readily appreciate that the point which
has been discussed goes to the very
foundation of this proceeding. If de-
t.ded IN one way the proceedings must
necessarily stop. You nave the power
to clear the court for private consul
tatiOn under the rules"
This was lone on motion of Judge
Cullen, but the ole was later IN
nounced in a brief public session and
the record of the proceedings was i'm
mediately made public.
1t showed hat a tentative roll call
on the motion was Immediately taken
and the presiding judge delivered a
long speech on the points at issue,
when his name vas called, thirteenth
OF the list.
Judge Cullen's opinion, in substance.
was that the provision of the consti-
tuition which limited the acts of the
legislature in extra session to such
subjects as were recommended to it
by the governor should be given a
reasonable construction.
Upholds the Prosecution.
It upheld the contention of the
prosecution that the provision referred
to the legislature as a whole and not
to the assembly as an independent
body.
S construed" said Judge Cullen,
these subjects all relate to what the
legislature as a body can do and not
to the power vested in one branch of
the Legislature"
The legislative roll call brought
from Senator Wende the only negative
vote. This was followed by a viva
voce vote n then, with a final roll
call, with the same result.
Wende explained his vote in a brief
argument in which he held that when
the assembly adjourned sine die some
weeks before reconvening to bring the
Impeachment articles they foreclosed
their right to act upon any question
of Impeachment when called together
in extraordinary session."
The secret session of the court last
ed nearly an hour. During the meet
ing newspaper. men and attorneys for
the opposing sides were excluded.