Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-09-23
ReIinquishes All Execu-
tive Functions Until a
Verdict is Reached
ACCUSED LOSES AGAIN
Court 0verruIeS Motion to Dis
miss ProCeedings-Try to
Keep Fund Story Out.

Albany, y. Y, Sept. 23.-Counsel for
Governor Sulzer announced at the out
set of today's session of the trial that
he would relinquish all executive
functions till the end Of the trial.
Attorneys for Sulzer are prepared to
exhaust all legal means TO prevent
the story Of his alleged misuse of
campaign funds being told on the wit
ness stand. They offered a motion TO
strike out three articles in the i'm
peachment charging him with filing a
false statement of his campaign con-
tributions and with using these funds
for Wall street speculations.
Sulzer must go to trial. This was
decided by the high court of impeach-
ment last night, Vhen, by a vote of 81
TO ], its members overruled the mo-
tion of the governors couns' to dis
miss the proceedings on the ground
peached by the assembly because that
body was in extra session when the
impeachment was brought.
Senator Gottfried Wende of Buffalo,
democrat. an ardent supporter of the
governor, cast the solitary nay, while
seven members Of the court we're abb
sent
The governors defeat was the sec
ond that has marked the battle waged
by his attorneys 20 annihilate as lar
as possible the impeachment proceed
Last week the court thwarted their
attempt to prevent four senators from
sitting as members
VOTE TAKEN IN SECRET.
Their remaining ammunition con-
ssts of arguments to prove that GER
tain of the offenses charged against
the governor are not impeachable
These arguments will be heard tomor.
row.
Last nights vote was taken in Sc
cret session after an afternoon devoted
to speeches by the opposing attorneys.
When the time came for the court to
render its decision, presiding Judge
cullen announced that he did not feel
inclined TO use the power granted him
under the rules to be the first to ex-
press an opinion.
The record of the proceedings was
Immediately made public II showed
that a tentative roll call on the motion
was Immediately taken and that
presiding Judge Cullen delivered
a long opinion on the points at issue.
This in substance was that the pro-
vision of the constitution which limit
cd the acts OF the legislature in extra
session TO such subjects as were rec
commended TO it by the governor
should be given a reasonable construc
tion.
PROSECUTION WINS FIRST.
II upheld the contention of the pros
eCu'ion that the provision referred to
the legislature as a whole and not the
assembly as an independent body
so construed Judge Cullen said
these subjects all relate to what tht
legislature as a body can do and no.
the power vested in one branch of thC
legislature"
The legislative roll call brough
from Senator Wende the only negative
vote. The call was followed by a viva
voce. and then with a final roll call
with the same result
Wende explained his vote in a brie
argument In which he held that wher
the assembly adjourned sine die some
weeks before reconvening 70 bring i'm
peachment articles they forecloseC
their right to act upon any question
Of impeachment when called togethel
I'm extraordinary session