Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-09-22
SULzER TRIAL IS
RESUMED
TODAY
ATTORNEY FOR The IMpEACHED
GOVERNOR CONTINUES HIS ARGU.
MENT that SUCH AN ACTION
IS ILLEGAL AT AN EXTRA SESSION
OF THE LEGISLATURE.
WIDESPREAD INTEREST
IN THE PROCEEDINGS

Albany, n. Y, Sept, Ex-Governor
Suffers legal artillery resumed action
this afternoon when the court Of i'm
peachment which began last week his
trial for alleged high crimes and mis-
demeanors was called to order by
presiding Judge Cullen at O'Clock.
Attorney Louis j. Marshall continued
the argument which he did not finish
when the court adjourned on Friday,
il, which he held that the governor
was unconstitutionally impeached'
with all solemnity,' he said, I'VE eX
press confidence that this tribunal
will not be swayed from proper ana
due regard of the mandate OF the con
stitution, by the unworthy suggestion
that to do so is to permit tech
ricality to triumph. To dismiss the
articles of impeachment, which have
been presented to this tribunal for
lack of jurisdiction, would not be a
triumph of technicality. 1t would be
victory of the constitution and the
law. 1t would be a vindication of that
sacred instrument to which we all
owe fealty.'
Mr.. Marshall quoted precedents in
support of his contention that the as
sembly in extra session was entitled
to consider only subjects called to its
attention by the governor
whenever an extraordinary ses-
sion has been held he said, mot even
an appropriation bill to cover expenses
Of the session has been attempted to
lie passed. except on the specltic
recommendation of the governor.
There is not to be found in the his,
tory of any state, single instance OF
the institution of impeachment pro-
ceedings at an extraordinary session
of the legislature
Answering the argument that the
! legislature exercised not a Legislative
but a judicial function, Mr.. Marshall
! held that an impeachment was equiv
alent to an indictment and that the as
sembly exercised no other function
than that of grand jury,
When grand jury finds an indict-
ment," he continued, it does not act
judicially any more than in those Jur-
isdictions where informations have
taken place of indictments, the filing
of an information by direct or state
attorney can be said to be a judicial
act.
, at will doubtless be argued that
under our Interpretation the governor
could not be impeached except at
regular session of the legislature
since it would be unnatural for him
t. recommend to the legislature at al
extraordinary session the considera
tion of subject of his Impeachment
This, it is claimed, constitutes re
daction ad absurdum of our conten
/ ton.
THAT, however, is a complete be
ginning of the question. The mere
! fact that the trainers of the constitu
4 ton have not provided for the con
tingency Of the Impeachment of the
! governor at an extraordinary session
does not deprive the clearly conceived
! limitations on the powers of an extra
ordinary session of their undoubtet
4 significance, or render them ineffect
uaI in whole or in part
( Judge Alton B. Parker, on behalf ot
! the assembly board of managers, re
| plying to the contentious of Attorney
/ Marshall. argued that the assembly
and not the legislature was the i'm
peaching body; that its act was judi
cal and not legislative function an(
! that the governor has nothing to dc
with the subject of impeachment,
/ Much Interest in Trial.
While attorneys and newspaper
men are working their way through
the Sulzer impeachment trial, a small
army of representatives of law schools
and universities from all over the
world is following the case closely an(
preparing exhaustive reports,
! These men are attracted here be
cause of the few precedents that at
torneys have to cite in cases of i'm
parchment. Not since 1906 has there
I! been an Impeachment case in Eng
land and only seven are on record II
! the United States.
There was no morning session O
the court today. The senators ant
Judges were ordered to report prompt
" at o'clock for the resumption ot
argument by Attorney Louis Marshal