Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-09-23
SULzER GIVES
UP OFFICE OF
GOVERNOR
ANNOUNCES THROUGH HIS COUNSEL
THAT He WILL NOT EXERCISE
FUNCTIONS OF EXECUTIVE Until
TRIAL TERMINATES. DISMISSAL
Of IMPEACHMENT REFUSED.
HERR|CK FOR SULzER
SPRINGS new ARGUMENT

Albany, N. Y, Sept 2".--D Cady
Herrick. counsel for Governor Sulzer'
announced at the outset OF TO-DAY
session of the high court OF lmpeach-
ment that the governor would CEASE
benceforth to exercise the functions OF
the executive office, until the terlliiiia
ton of his trial.
Nearly all the members of the court
we're in their seats when 1t convened
"The court having overruled the
motion of the respondent SAID Judge
Cullen "to dimiss the articles Oh iii
nea chment on the ground that the as
sembly had no right to prefer 'he
charges at any extraordinary session.
II now becomes incumbent on the re-
snondent to make answer to the
charges
Judge Herrick, chief counsel for
Governor Sulzer, then announced INA.
in view of the fact that the court hao
refused to dismiss the proceedings
the governor renounced his claim 10
tbe right TO exercise the functions Oh
governor pending the termination oi
the trial.
Judge Herrlck had the floor through
out the morning session. Alter d
long address in support OF ms motioi'
for dismissal of three articles OF the
! rneachment, dealing with Sulzer
statement of campaign expenses anu
alleged specuations in Wall street ne
summed up his argument as toiioWs.
.sThe failure of the governor 10 HE
compIete and accurate statement oi
campaign contributions did not con
stitute any offense recognizable oH
| our laws.
.The election law does not require
, statement of contributions made to
candidate. =,
"Tbe failure of candidate TO ME
the statement required by this act Is
NOT an offense, but subjects nm 10
! neremptory demand by court to per
form this duty. William Sulzer never
| received such demand.
..The statute recognizes a candidates
right to be given notice of errors Ill
! his statement and his right to an op-
nort,,nity to correct them. Inc state
| cannot call him to account until II Mas
first accorded him the rights
"The penal code does not require d
candidate to file a statement OF coN-
tributions made to him, and there are
no other statutes on this subject.
"Incorrect statements of facts, III,
serted in an affidavit, but not material
thereto do not constitute perjury
perjury cannot be based on an oath
which was neither required nor au'
thorized by law.
"As the election law does not re-
ouire the statement to be verlfled ana
as neither the election law nor the
penal code require the candldate 10
insert contributions made to him.
there is no ground for the charge OF
neriurv nor for the charge of neglect
of duty"
These points were advanced IN "A
supplemental brief which came as d
surprise to members of the hlgh court
to whom copies of Judge Herrlck $
original brief had been dlstrlpuleu
Messengers we're sent scurrying to op
tain law books and the members seem
ed to take a greater interest IN lhe
new contentious than they had eVlnc'
ed during any of the other legal pre-
l;n,inaries Informal whispered con-
versations were held.
Governor William Sulzer must go to
trial This was decided by the mgh
court of impeachment last night wheh'
bv vote of 81 to l, its members over
ruled the motion of the governor
counsel to dismiss the proceedings on
the ground that he was unconstltutlon-
ally impeached by the assembly pc
cause that body was in extra session
when the impeachment was brought.
Senator Gottfried H. Wende, OF
Buffalo. Democrat, an ardent support
or of the governor, cast the solitary
"nay" while seven members OF the
court were absent.
The governors defeat was the sec
ond that has marked the battle wageu
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 re-
naming ammunition consists OF argu-
ments to prove that certain OF the ot-
fenses charged against the governor
are not impeachable. These arguments
will be heard tomorrow.
Tonight's vote was taken in secret
session. Presiding Judge Collen an
nounced that he did not feel inclined
to use the power granted him under
the rules to be the first to express 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
, decided in one way the proceeding
must necessarily stop. You have the
power to clear the court for private
consultation under the rules
This was done on motion of Judge