Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1913-09-23
ANNOUNCED BEFORE. COURT
COUNSEL FOR ACCUSED MAN NO.
TITLES JUDGE or CLIENTS
DECISION
THE IMPEACHMENT is VALID
JUSTICE CULLEN ovERRULEs MO.
TON TO DISMISS THE
CHARGES

Albany, N. Y. Sept. 2s.-D. Cady
Herrick, counsel for Governor Sulzer,
announced at the ouset Of today's ses-
sion Of the high court of impeachment
that the governor would cease hence
forth to exercise the functions Of the
executive office until the termination
of his trial
Nearly all the members Of the court
were in their seats when it convened
"The court having oyerruled the
motion Of the respondent" said Judge
Cullen, sto discuss the articles Of I'M
peachment on the ground the assem-
bly, had no right to prefer the charges
at any extraordinary session, it now
becomes incumbent on the respondent
to make answer to the charges
Judge Herrick, chief counsel for
Governor sulzer, then announced that
in view Of the fact that the court had
refused to dismiss the proceedings,
the governor would renounce his
claim to the right to exercise the
functions Of governor pending the
termination Of the trial
Judge Hsrrck had ihe floor az dur
ing the morning session. After long
address in support of bis motion for
the dismissal Of three arucles Of the
impeachment, dealing with Suffers
statement Of campaign expenses and
alleged speculation in Wall street. he
summed up his argument as follows:
sThe failure Of the governor to file
complete and accurate statement
Of campaign contributions did moi con-
stitute any offense recognizable bg
our laws.
THE election law does not require
a statement Of contributions made TO
candidate The failure Of a candl-
date to file the statement required by
this act is no offense, but subjects
him to peremptory demand by a
court to perform this duty. William
.sulzer never received such a demand
"The statute recognized a candi-
dates right to be given notice Of er-
rors in his statement and his right
to an opportunity to correct them.
The state cannot call him to account
until it first has accorded him these
rights.
The penal code does rot require q
candidate to file statement Of con-
tributions made to him, and there are
no other statutes on this subject.
incorrect statements Of facts, in-
serted in an affidavit, but not ma
terial thereto, do not constitute per-
jury. Perjury cannot be based on an
oath which was neither required nor
authorized by law.
aAs the election law does not re-
quire the statement to be verified and
as neither the election law nor the
penal code require the candidate 70
insert contributions made to hifn
there is no good ground for the charge
Of perjury, nor for the charge or
neglect Of duty
These points were advanced IN
supplemental brief wnicn came as a
surprise to members of the high
court. to whom copies Of Judge
Herrick's original brief had been ais
tributed
Messengers were sent to secure
law books. and the members seemed
Is take a greater interest IN the new
contentious tnan they had evineed
4 during any Of the other legal prelimi-
naries Informal whispered consulta-
items were held
Shortly before adjournment for
lunch Edgar = Braekett began to
speak in behalf Of the prosecution.
A criminal act committed before
an officers induction INTO office made
4 the perpetrator as guilty n his new
position as before 81 ha
declared