Pine Bluff daily graphic., 1913-09-12
First Ruling Been Made By Courts On Legality of I'm
 peachment Proceedings
PARDON HELD INVALID
Argument of Corporation Counsel Up- held That Assembly Acted in Judi
 cial and Not Legislative Capacity.

kingstown, \. r., Sept. 11-.Justice Hasbouck of the State Supreme Court today decided that Governor Sulzer was regularly impeached, and while awaiting impeachment trial was divested of the right to exercise his executive functions, including the power to pardon.
 The question of legality of Sulzer's Impeachment came before Justice. Hasbrouck in connection with habeas corpus proceedings brought to com pei the New York City authorities to honor the pardon of Robin, con vict. He decided that Robins pardon was invalid, qaushed the writ and sent Robin back to prison.
 Claimed Impeachment Illegal
 Attorneys representing Sulzer and Robin had argued that the impeach- ment was illegal because voted by the assembly at a special session which was not called expressly to decide that question. The court refused to sus- tain this contention. The court up- held the argument of the New York corporation counsel who maintained that the assembly, when it impeach ed, action in irSdcial and not legislative capacity and was proper ly in session.
 The assembly voted to impeach Governor Sulzer August 1. Although it was reported immediately tha, the governor would seek to overturn the assembly's action by recourse to the courts Justice Hasbrouck's decision today was the first ruling made by any court on the legality of the inn peachment.
 Questions That Were Raised. Arguments on the validity of the writ of habeas corpus were neared here Monday. The questions raised were; First. whether Governor Sulzer was impeached, and second, whether he was divested of his powers pend ing trial.
 '" The subect of impeachmeat, says Judge Hasbrouck, Hike tho pow CT of a legislative body to punish for contempt, has a different character from subject requiring the action of both branches of the legislature and the governor, in order that laws may be enacted.
 "The power conferred upon the as- sembly to impeach the governor IS Judicial power. The power of lm- peachment, therefore, cannot be par ticipated in by the governor or the Senate, and therefore does not con stitute a legislative subject
 Does Disability Follow!
 Taking up the claim that even II properly impeached disability does not fall upon the governor Just1ce Hasbrouck discusses the contehtloh that the law still presumes the lnno- cence of the impeached.
 "There is wide difference oe- tween the State and the Natlohai Constitutions on the result of the lil- peachment of the governor or fresl- dent. The President by impeachment is not suspended or busted Of ms functions and therefore the rule ol the presumption of innocence re- mains undisturbed. Under our Coa- stitution, if our interpretation sl It be correct, this fundamental ruH Ill criminal law is invaded"
 This invastion, he points out, IS III Sec. 6, Art. 4, of the State Consttu- tion, that "in cases of the lmpeach- meat of the governor or hls reho'ai from office by death, inability, etc. the powers shall devolve upon the lieutenant governor "until the ois- ability shall cease.''
 Presumption of Innocence
 Judge Hasbrouck says:
 "The' presumption of mnocehce may still be claimed by the accuseo' but he is quite as effectively shorh of his power by the provision WHICH needs no interpretation and when is perfectly clear as if judgement oi eviction had been passed against nm unless he is acquitted. For what is disability following impeacnmen. under this section but suspension