Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-09-23
TRIAL To
|MPEACH SULzER
New York Court Of Appeals
and Senate Go Into
Session Again
HEAR ARGUMENT TO
QUASH THE CHARGE
Attorney for the Governor
Claims that Proceedings
Are Irregular
. /. ID /. '.H 80. . ,'. a .|. y.

AlUduy, ~. l.. Scpt. AI.--0OV. oui
zer's legal artillery resumed action
this morning when the court Of i'm
peachment which began last week his
trial for alleged high crimes and mis-
deamenors was called to order by
Presiding Judge Cullen at 2 o'clock.
Attorney Louis J. Marshall continu
ed the argument which he did not fin
ish when, the court adjourned on Fri
day, in which he held that the COVER
nor was unconstitutionally impeached
with all solemnity." he said, we
express confidence that this tribunal
will not be 'swayed from proper and
due. regard Of the mandate Of the con
stitution; by the, unworthy suggestion
that to do SO is to- permit a technical
ity to. triumph. To dismiss the
articles of. impeachment which have
been presented to this tribunal, fol
lack Of jurisdiction would not be q
triumph of ,teohnieality. 1t would be
"a victory of the constitution and the
law. It 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.
Quotes 'Precedents.
Whenever an extraordinary session
has, been held" he said, mot even an
appropriation. .bill To, cover expenses OF
the xseaai6i has hoen ATTEMPTED to be
passed. except on the specific recon-
6f the governor, There Ii
not to be found III. the history Of any
OF the states q single instance OF the
institution. Of impeachment proceed.
ings at an extraordinary session, of the
legislature"
Answering the argument that the
assembly exercised not only a legisla-
tive but judicial function, Mr.. Marshall
held that an impeachment was eQuiva,
lent to an indictment and that the as
semblyt exercised no other function
than that Of a grand jury.
: when a grand jury finds an indict-
ment," he continued, mit does not act
judicially any more. than in those jur-
isdictions where infOrmatiOns have
taken the places Of indictments. the
filing OF an information by district or
state attorney can be said to be q
judicial act.
1T will doubtless be argued that,
under our Interpretation, the governor
could not be impeached. except at a
regular session of the legislature, since
1t would be unnatural for him to rec
ommend to the legislature at an extra
ordinary session the consideration OF
the subject of his impeachment. This,
1t is claimed, constitutes a reductio ad
absurdum of our contention.
THAT, however, Is complete beg
ging Of the question: The mere fact
that sthe trainers Of the constitution
have not provided for the contingency
of the impeachment Of the governor
al an extraordinary session, does not
deprive the clearly conceived limita-
tions on the powers Of an extraordin-
ary session Of their undoubted sig
nificance, or render them ineffectual in
whole or In part"
Lawyers Watching Case.
While attorneys and newspaper men
are working their way through the
Sulzer Impeachment trial small army
of Representatives of law schools and
universities from all over the world Is
following the case closely and prepar-
ing exhaustive reports. These men
are attracted here because of the few
precedents which attorneys have to
cite in cases of Impeachment. Not
since 1906 has there been an impeach-
ment case in England and only seven
are on record in the United States.
Many points which are being covered
in the Sulzer trial never were raised
in previous cases. Long weeks have
been spent by attorneys for both sides
and members Of the court of appeals
are studying every phase Of all past
impeachment cases.