New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-24
Bracket Grows Vituperative in
His Argument Opposing Her
rick's Motion to Dismiss
Reference to Acts Prior
to Taking Office.
sULZER GIVES UP DUTIES
Bows to Decision That Proceedings
Against Him Are Legal and
Relinquishes Prerogatives to
Glynn Until His Trial
Is Ended.

From a stan Correspondent o, The Tribune
Albany. Sept 23.-When the High
Court Of Impeachment adjourned this
! afternoon IL was expected that vote
would be reached tomorrow at noon
on the question Of excluding from tho
eight articles of impeachment filed by
the Assembly against Governor Sulzer
the first, second and eighth, which have
TO do with acts committed before he
assumed office and which, for that rea-
son, his counsel contend. should not be
included.
4 motion 10 strike out these articles
was made at the opening Of the session
by the Governors counsel. and the Day
was consumed in arguments which are
not ended. These articles contain the
charges that the Governor filed raise
statement OF campaign contributions
and made use Of the funds 10 speculate
In Wall Street.
The desperation with which COUNSEL
for the defence fought over this ques-
ton showed ,.ow vital they deemed ~.
Again and again the lawyers de-
nounced the Assembly for "usurpation
OF power" putting int legal phrase
the cry Of Governor sulzeT himself that
the Impeachment was merely poltical'
! weapon welded against him by Mur-
ply and Tammany Hall.
I'VE have heard here a lot Of the
Sumner octrine," said Austen g. Fox
for the defence. in endeavoring TO reout
the arguments Of Edgar ]. Brackett'
Alton b. Parker and Isidor Kresel that
the Assembly could and should impeach
Governor for violating the letter ana
the spirit Of the laws relating TO elec-
ton to off,. I'VE have heard that the
only question here is. in the words OF
Sumner, MY God, is this man guilty.
To Call Schiff and Morgenthau.
aye, there is another question. Has
he been accused Of that Of which the
Assembly had the lawful power to ac-
cuse him? The newspapers have been
flooded with talk that the Governor has
been usurping power and ought 10 DE
impeached therefor What shall be
said Of seventy-nine members OF the
Assembly who have assumed, have
usurped, O power they never had.
Counsel for the Assembly Board Of
Impeachment managers say they have
no fear, though. that either this line or
argument or the purely legal conten-
tions will convince the court when II
votes on the question that the perjury
and theft charges should be stricken
out. They are so confident that Gov
ernor Sulzer must stand trial on the
impeachment charges as they now are
that they have arranged their list or
witnesses for the first day. These wit
nesses include Jacob II. Schiff, Henry
Morgenthau and Abram I. Elkus. all
Of whom made out campaign checks 10
William Sulzer which were not in-
cluded in his sworn statement OF re.
ceipts.
When at the opening Of court Presi-
dent Cullen, referring TO the action
yesterday. announced that the motion
of the Governors counsel 10 dismiss
the proceedings had been overruled.
and 1T is now incumbent upon the re-
spondent TO answer" counsel for the
lmpeached Executive informed the
court that ".the Governor will bow to
the will OF the court. and will exercise
none Of the prerogatives OF his office
pending the determination Of the I'M
parchment charges" II was added
that prior TO the formal decision there
had been some doubt in the Governors
mind and in the minds Of his legal ad-
visers as to the legality of the procee1-
ings."
If the vote tomorrow goes against
the Governor-and a few Tammany
men of sportive proclivities are Offer
ing handsome odds that IL will with
out any takers--the Suzer side will in
terpose no more objections TO the trial
proceeding. The prosecution will 60
ahead with its formal proof.
Proof of Checks Comes First.
Mitchell May, Secretary of State, will
be called TO prove by documents from
his office that William Sulzer was the
Democratic nominee; that he was duly
elected; that he took the oath Of Office.
He will present as evidence the sworn
statement Of campaign receipts and
expenditures which William Sulzer
filed in his Office. Then George A.
vanamee, clerk Of the Assembly will
prove by its records the adoption OF the
impeachment resolution. 'Packy" Nc
Cabe. Senate Clerk and now clerk OF
the High Court OF Impeachment. will
prove the receipt by the Senate OF the