The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-23
Gov. Sulzer Takes the News
Quietly and Trial Goes
On To-day.
HOURS OF ARGUMENT
Parker and Bracket Reply
to Louis Marshall's
Contention.
CLOSED SESSION VOTE
Judge Cullen Gives Opinion
at Length That Assem-
bly, Had Power.
ROLL CALL STOOD 81 TO /
Belief Is That Last Technical
Objection Of Governor Is
Swept Aside.
ROLL CALL STOOD 81 TO /

ALBANY. Sept 22.-jov. sulzer must
stand trial. BY a crushing vote Of 81 to 1
the impeachment court swept away to-
night the constitutional contention Of his
lawyers that It has no right to try him
because the Governor did not call the As.
sembly to impeach him in the extraordi-
nary session.
Thus Is removed from under the Gov
ernor's feet the ground on which he has
stood ever since he was accused OF high
crimes and m,sdcmcanors' on the morn!n;
Of August 13.
The vote was taken in a closed session
Of the court at the end of the days--two
days--masterful argument by Louis Mar.
shall for the Governor and Alton Il.
Parker and Edgar Truman Brackett for
the Assembly impeachment managers.
Tho only member Of the court who
voted Yes" In this secret session on Mr.
Marshalrs motion to dismiss the case Tor
lack Of Jurisdiction was Senator Gottfried
H. wende. Democrat. Of Buffalo. who re-
mained faithful to Mr.. sulser through
thick and thin.
The frst witness for the prosecution
probably will be called late Tomorrow
afternoon. The court will first hear th-
argument OF the Sulzer lawyers that
articles I. and OF the impea chrnent
articles should be struck out and ex.
Senator Brackets reply.
SuIxer Expected 10 Iose.
Now that this important preliminary
engagement OF the fight has been fought
and lost by the Governor II is no secret
that his counsel expected to lose. Theys
feared that the court would disregard
their technical Interpretation of the Con-
stitution and would he guided by "th.
light of reason"
They were not surprised, therefore. when
they learned tonight that Presiding
Judge Edgar NJ. Cullen, whose opinion
obviously swayed some of the puzzled
Senators, said in voting for continuanc.
OF the trial that I'VE must give "a reason-
able construction" of the Constitution.
The Sulzer lawyers, however. found
considerable satisfaction in Judge Cullen's
saying that he took no stock in ex-
Senator Brackets contention that the
Assembly has the right to meet at any
time and prefer articles of impeach hment
This was half victory for GOV. Sulzer.
but 1t was the wrong half
While they expected to lose they were
unprepared for the shock which came
when they found out that the upsettinr
decision was only one vote short OF being
unanimous.
saiser Takes News Quietly.
As to Gov. Sulzer. his friends say he
received the news quietly. acknowledge
that Louis Marshall had done any mans
best and seemed anxious to have the real
trial begun.
1t was 40 O'Clock this afternoon when
Mr.. Marshall finished his rebuttsl Of
Judge Parker's and Senator Rracke,t's
arguments and this motion of Judge Cu,-
len OF the Court OF Appeals was carried:
Il move that the court room be cleared
and that this court enter into private con.
sultation."
spectators We're hustled out OF the gal.
leries and newspaper men and court run.
ners hled out too, leaving the impcach.
ment court to the first closed session II
mas held. This was done for the sake OF
perfectly free debate: the minutes were
given to the newspapers after court had
adjourned at 30 o'clock.
me moment the doors were closed
Court Of Appeals Judge Werner moved
for roll call. but Presiding Judge Cullen
said:
The question Is. Shall the objection to
the jurisdiction OF the court to proceed
on the articles of impeachment presented
TO It because the Assembly was In ex-
traordinary session and the Governor had
not recommended any action on the sub.
Ject matter-shall that objection be sus.
tanned or not? ] put 1t. shall It be over.
ruled or not? OF course voting in the
affirmative holds that the objection is
good practically; a vote in the negative
holds that the objection Is bad. DO you
all understand the position"
Motion to Dismiss the Case.
II was agreed that the first roll call
would be tentative. that until a final de.
cision WAS reached any member could
change his vote. When the names were
called on the motion to dismiss the case
Senator Argetsingey. At the top Of the
list voted mo" The next man. Judge
Willard Bartlett. said In voting mo" that
he would like to give his reasons later.
"of course this 10 not like an ordinary
parliamentary procedure" Judge Cullen
said q little later This Ia more like q
court and until th> Anal dn0inin> 4. -