The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-09-20
SULZER LOSES
tcontinued ,rors First P.r.J

eating committee. on whose report the
articles Of Impeachment were based
Senator Wagner. president pro tenn
pore or the Senate. on the ground that
IN the event OF the conviction OF the
governor he would succeed TO the
profit and emoluments OF the office
OF lieutenant governor
Judge Herrick read "A long brief in
support ~ his contention. to which
Judge Alton u. Parker chief counsel
for the managers. replied holding that
the court had no power under the con
stitution 10 exclude any OF it's mem
hers This argument Presiding Judge
Cullen upheld. "All presidents are
against it. ne said
Judge cullen. however. put the chal-
lenges 10 the vote OF the court with
the result that. with tine exception OF
The four senators involved. who asked
20 be excused from voting. the thirty
Two members present to-day uaani-
mously decided against the counsel
'ur the governor
Motion 20 Dismiss
\ motion - dismiss the impeach-
men; precipitstcd tho second con
test n vas made by Attorney Lou.
is Marshall. who spent practically the
whole afternoon session in reading
q brief purportine 10 show that IN,
Impeachment was unconstitutional
based on the fact that b. was brought
while in" assembly was in extraur
binary session and entitled 10 act
solely upon matters presented 20 {;
by tho governor
The above named respondent.
william Suller. nov comes and an.
pears specially for the purpose Of
moving this honorable court 10 dis.
miss the proceedings instituted BY
the assembly ~ the state Of New
York Tor his Impeachment" began
the attorney in opening his argument
tie cited long list Of precedents 10
prove his contention. drawing para
lell In English law and that ~ other
states he dWet ~ length on the
amendment OF the Sew York state
constitution adopted In 1875. which
contained the following clause
~ extraordinary sessions no sub.
ioct shall be voted upon. except such
a. tho governor may recommend FOR
consideration
40 words could boz more general
and all embracing. said Mr. Mar.
shall. Every possible subject upon
which legislative tody. or either
o. Us component parts. may act. d.
covered. and ans possible action on
amy conceivable subject is prohibit.
rd unless the constitutional excep-
lion is complied with These words
did not merely relate 10 legislation
They necessarily also Included the
power 20 impeach because certainly
that was subject
viii Ask for wit.
James g. Garrison. friend % tho
governor. and biz so-caiied graft lnvcs.
i'RafOr. WhO vas sent 90 jail by tho As
emily early to serve until the eHpira.
lion - the present session for alleged
contempt ~ that body. engaged cOun.
sel ~ obtain bis release. but no &C.
ton loo that direction vas taken
Gilbert y Roe. ~ New York. one
~ Governor Suffers attorneys an.
uouuCcd tonight that he would apply
Tor ART ~ habcas corpus before a
supreme Court Justice 20 morrow
We expect 20 have Garrison az lib
rrty before SUNDAY" hc said. "and arc
confident That hls commitment Will
f0f stand e. court review tf the &C..
lion 81 The Assembly lest nighf should
stand. no citizen liberty would be
.tfr"
Acting Governor Glvnn TO-DAY. for
tho hrst time since he assumed the
fp'e of chief executive. anNed his zig
nature fo several billie thereby euaef.
.rE them into lrt Tho measure al
proved we're pst. - earlier In tho week
and completed fhr Democratic Leaders.