Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1913-09-25
GOVERNOR SULZER
LOSES HIS FIRST
INNING IN COURT

Albany, N. Y. Sept. Ex-Governor
Suffers lawyers lost their first fight
in the high court of impeachment today
when the four senator's challenged by
the defense were permitted to retain
their seats.
The vote, which was on the question
of whether the court should entertain
the challenges. was unanimously
against such procedure. The four SEN
ators directly concerned, Frawley,
Wagner, Ramsperger n Sanner. did
not vote.
Immediately following the vote of
the court, the reading of the long ar
ticles of impeachment was begun.
Although presiding Judge Cullen has
qualifications OF the senators for hold
ing their seats, he did not take adj
vantage of this prerogative. He first
expressed his opinion that the oblec-
tons were not we'll grounded II then
permitted the entire court to vote on
the issue.
Contention of Opponents.
n addressing the court, Judge Gull
len said that no court had the right
members. In this, he said. a court
differed greatly from a jury. the quail
fications Of members of which might
be decided by the courts.
The vote came after a morning of
legal argument between Judges Her
rick and Parker, representing the de
Tense and the prosecution, respectively.
Judge Herrick's chief argument was
that no man might sit both as prose
cutor and judge. In reply. Judge
Parker said the members of the court
We're hero as representatives of the
whole people; that the people estab-
lished the court of Impeachment in the
mi, s,,,. ,,ol x1,,{ ~, Tthar Mas
the people had n right to remove their
representatives.
The scene within the court room this
morning was vastly different from that
presented yesterday. Less than hall
the seats in the gallery We're occupied
at the opening of the arguments
Throughout the morning spectators
all the seats filled.
Prospects of Il witness being Sworr
socn after the articles of Impeachment
were read brought Il crowd this after.
noon.
Rules Are Adopted.
The high court of impeachment II
the case of Governor SulZer met a
10 O'Clock this morning for it's secone
| session. The report OF the COMMITTEE,
on rules was adopted without objec.
ton. The rules provide for daily SEES
sions except Saturday. from 10 a. n
to 1890 p. IN. n from . to S p. m
On Mondays the court will v a
2 p. M. and sit until G u. m and o,
Fridays the hour of final adjournment
will be $50 p. m.
The house may be changed from tim
to time by the court.
The conduct of the trial is to b
governed by the rules prevailing in tn
supreme court of the state.
d. Cady Herrick, leading ounscl 70
Governor SulzcI, argued in behalf o
the challenges he announced yesterda,
| he would make to the sitting as mem
bers of the court of Acting Iieutcnan
Governor Wagner and Senators Fraw
ley, Ramsperbcrger and Sanner. Hi
contentious We're opposed by Judge Al
ton +. Parker.
AT the close Of the arguments or til
qualification of the senators +? scrN
on the impeachment court. Judge Cul
len said it WIS his opinion that th
challenges could not be entertained
He added. however. that he would pei
nit tho entire pur ta Vote on th
question after expressing his views.
The court voted unanimously rot T
consider the challenges OF TIE fou
senator's to sit in the Sl1l2er hearing,
Games C. Garrison. Governor Sui
zet's chief graft investigator, VINO wa
Sent to Jail by the assembly at a
early llour this morning for allosc
contempt of mat fsodv IN refusing I
answer questions. enga@ed counsel TO
| day to bring action looking TO his re
lease. His lawyers WIN confer fonigF
and make sorne move in court to,no,
row.
Garrison declared in jail today tha
he would hold every member of III
assembly responsible in the courts fc
his illegal Incarceration"
The assembly, which adiournc
early this morning until noon, had Nc
been called to order at 2 o'clock.
seemed almost impossible to secu,
the necessary quorum for the passtts
of the additional articles of inlpeacl
ment against Governor ;SulZer and seS