Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-19
.SULzER LOSES IN
. FIRST ENCOUNTER
OF IMPEACHMENT
Court Decides Four Senators
He Challenged Are Eligible
to Sit.

ALBANY. n. Y, Sept. 1s-Govern-
or Suffers lawyers lost their first
fight In the High Court of Impeach-
ment today. when the four senators
challenged by the defense were per-
mitted to retain their seats.
The vote, which was on the ques-
ton of whether the court should en-
tertain the challenges. was unani-
nous against such procedure. The
four senators directly concerned
Frawley, Wagner, Ramsperger and
Sanner-did not vote.
Immediately following the vote Of
the court the reading of the long
articles of impeachment was begun.
Although Presiding Judge Cullen
had the right TO decide the question
of the qualifications of the senators
for holding their seats. he did not
take advantage of this prerogative.
He first expressed his opinion that
the objections were not well grounded
and then permitted the entire court 10
vote on the issue
In addressing the court, Judge Cul-
len said that no court had the right
to sit in Judgment on any one of its
members. In this, he said, court
differed greatly from jury, the
qualifications of members of which
might be decided by the courts.
The vote came after a morning of
legal argument between Judges Her
rick and Parker. representing che de-
lively.
Judge Herricks chief argument
was that no man might sit both as a
prosecutor and Judge.
In reply Judge Parker said the
members of the court We're here as
representatives of the whole people,
that the people established the court
of impeachment in the beginning and
that none other than the people had
a right to remove their representa-
tiVes.
Prospects of witness being sworn
soon after the articles of impeach-
ment were read brought a larger
crowd this afternoon. however.
When the court convened at 10 a.
m. Senator Wagner, chairman of
the committee on rules, submitted
the report of the committee, which
was adopted without objection.
The rules provide for daily sessions
except Saturday, from 10 a. m. tC
1880 .. m. and from . to 5 p. m
On Mondays the court will convene
at p. m. and sit until 6 D. m. and
on Fridays the hour of final ad-
journment win be $3.50 p. m. The
hours may be changed from time to
time by the court.
The conduct of the trial is to be
governed by the rules prevailing in
the Supreme Court of the State.
Rule VI. reads: "The final decision
of the court upon the articles pre-
ferred shall be taken by the presi-
dent of the court, who, upon each oi
Il ~. - 10, aFsr,f ,fr,tx
read by the clerk, shall. with its
number. propose to each member Of
the court, in alphabetical order, the
question: Senator (or judge, how
say you, is the respondent guilty oil
not guilty as charged in the -
article of Impeachment? Each mem.
ber of the court, when so questioned
shall rise in his place and answer
guilty or not guilty, and the presi-
dent of the court shall also give his
vote upon each article, either guilty
or mot guilty; and when the rol
shall be completed upon each charge
the result upon each charge shall be-
announced and shall be entered upor
the records of the court.
If two-thirds of the members pres.
ent shall concur in the finding guilty
upon any one or more of said articles
the president of the court shall in the
same manner put, and the members
of the court shall in the same man.
ner answer separately the further
questions:
Shall William Sulzer be removed
from his Office of Governor OF this
state. for the cause stated In the
article tor articles) of the charges
preferred against him upon which you
have found him guilty.
Shall William Sulzer be disquali-
fed to hold any office of honor. trus,
or profit under this State?'
"And the final Judgment OF the
fCcn<tnusd On Pare g. eplunnr l.,