Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-18
.SULZER REFUSES
To APPEAR IN
TRIAL COURT
New York Governor Defes Body
Sitting to Try Him on I'm
parchment Charges.
Continued from Page I.

Continued from Page I.
| member of the Court Of Appeals who
win not sit at the preliminary pro-
| ceedings. Word was received from
Europe to-day, where he has been So
| journing. to the effect that he would
not be able to reach Albany until
October /. Judge Gray also wrote
Senator Wagner to this effect.
Judge Gray is to retire from the
Court Of Appeals bench on December
! 81
! Long before the court convened |
there came to the Capitol a struggling
/ line of eager spectators. There were
men and women alike in the process
| sion.
| As the first Of the Senators came
along il became known that a mid
night matched plan to delay the court
would not be tolerated. Manager
| Aaron J. Levy, chairman Of the board |
named to prosecute the Sulzer
| charges, confessed the failure of the
scheme as he came tardily to his
| place.
The assembly will not make any
additions to the impeachment charges |
! to-day said Mr.. Levy.
As the notice of the change of front |
came there came a direct statement |
| that serious charges had been pre-
pared against one Of the Tammauy
| leaders, man who in the Senate |
holds a chief place in the Sulzer pros
ecution.
Suzer Bomb Discounted.
1t was expected that this Sulzer |
bomb would create a sensation, but it
was discounted, and if the threatened |
| exposure lands the Tammany chief
| says it will be a flash in the pan.
Acting Lieutenant Governor Wag |
ner took his place at 11:25 and called |
| the Senate to order for the real open
| ing of the court of impeachment.
| Every Senator except John G. Fitz-
gerald-4S in all-faced the presiding
officer and answered the roll call.
| Senator Murtaugh offered this res
| olution:
Resolved, That committee Of two I
| be appointed to notify the Court %
| Appeals that the Senate is ready tn
| join with them in converting the court
Of impeachment for the trial of Gov
ernOr Sulzer and to escort the Court
of Appeals to the Senate chamber"
! The President named Senators
| Murtaugh and Sage to Iotify the /
court. They departed on their mis-
! sion anu lIeIe came Il NUN Oh COIL |
versation from the floor of the Senate. |
At 1901 the committee came slow
! ly into the chamber, followed by the |
court
Carmody Given Seat
| Attorney General CarmOdy was as |
signed a seat in the Senate chamber |
and personally will observe the entire |
! impeachment proceedings.
| The attorneys for Governor Sulzer |
,rr,4,,iaI an he No ST SID "a |
Of the chamber at long tables, while !
the opposing counsel sat opposite di- |
reCtly in front of the assembly man |
ayers. Chester c. Plat, secretary to |
| the impeaChed Governor, was in the |
first row of the gallery with two la |
dies, relatives Of Mr.. SUlzer.
When the chief Judge came to HIS
| place, the President of the Senate |
took the gavel and said:
THE assembly of the State having |
| presented to the Senate articles of |
| impea chment against William Sulzer, |
| Governor of the State the President |
| Pro Tempore of the Senate, in 4c- |
cordance with the law, has summoned |
| the Senators of the state and the |
Judges of the Court of Appeals % |
convene at this time and act as a |
court Of impeachment, and the first |
proceeding in order will be to call |
| the roll and see that a majority 81 |
the Senate and Court Of -,ppeals are |
in attendance. as required % consti- |
tute a valid court
Only One Senator Absent.
The roll call showed all EXCEPT |
Judge Gray and Senator fitzgerald |
present.
The chief judge formally declared |
the court to be in session
Patrick Z. McCabe. Clerk Of che |
Court, administered the oath TO Chief |
Judge Cullen, and then the court !
crier, George Harris, intlned the for |
NAL. Hear ye, hear ye,' that put the |
machinery of the court Of impeach- |
ment in motion.
Important Ruling Made.
Then came an important decision. |
The Court Of Appeals is composed of
| seven members. There are three jus
tees Of the Supreme Court desig-
mated to aid the court in clearing its
calendar. Chief Judge Cullen called
attention to the state of affairs and
gave out the opinion that all of the
members were entitled to sit as
judges.
Judge Cullen said the decision was
to be made by all the members of the
court. and he merely assumed to eX-
press his views, which he based upon
the Cons titution Of 1876. If there was
any objection on the part of any
| memOSE ne asked JIltI SutD ODJetlon
be stated when the names were
called 1t was his personal opinion
that the designated members Of the
court were fully vested with power to
sit in the court of Impeachment.
Judge Alton b. Parker rose for the
board Of managers and said that on
behalf of.the managers they could see
no reason why the fun court should
not sit.
Counsel for the respondent" said
Judge d Cady Herrick "have consid-
cred this matter and have no doubt
either as TO the legality or the advis- |
ability OF the decision"
With the court matter out of the
way. the Chief Judge proceeded to
administer the oath Of judgeship to
each member of the court. The names
were called in alphabetical order |
Frawley. the big Tammany Senator, !
sailed briskly down the aisle in re-
Spouse to his name.
Frawley's Right Challenged.
Instantly Judge HerriCk was on nis |
feet He challenged Frawley's right |
to sit.
The Chief Judge challenged the