The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1913-10-17
Court Will Not Bar Governor
From Holding Office i'm Future.
WILL BE REMOVED TODAY.
Presiding Judge Cullen Voted Not
Guilty" on Every Count, While
the Others Were Divided.

l..
and 4. He was declared innocent
OF the charges contained in article 3.
tomorrow he will be removed
from Office, but not disqualified from
holding office in this state in the flu
ture unless there is a substantial
change in the informal vote reported
to have been taken by the court on
these questions in secret session to-
day.
For the same reason it was ex-
pected that he will be found not gull
ty on the other four articles still re-
naming to be voted on when the
court adjourned tonight.
GLYNN ASSUMES OFFICE.
Lieut.. Gov. Martin II. Glynn. who
has been acting governor since the
impeachment Of Sulzer, will become
Chief Executive of the state. He is
an Albany newspaper owner. Robert
f. Wagner, a New York attorney.
will become lieutenant governor. He
is the majority leader in the senate.
The vote on articles 1 and 2 was
80 to 1S, a bare two-thirds majority.
The former article charges that the
governor falsified his statement of
campaign contributions; the latter
| charges that he committed perjury
III 50 uOlnB.
The vote on Article 3, which char
ges the governor bribed witnesses to
withhold testimony from the Fraw-
ley Investigating committee, was
unanimous in favor of the governor
The vote on Article was 43 to
IA, six members changing their votes
on Articles l and 2 from mot gull
ty'' to guilty and two from guilty"
to mot guilty" This article charges
that the governor suppressed evil
dence by means of threats to keep
witnesses from testifying before the
Frawley committee, among these
was, Duncan w. Peck, state superin-
tendent OF public works, who testi-
fed at the trial that the governor had
asked him to commit perjury.
SECRET FORMAL VOTE.
The secret informal vote to remove
the governor was said to be 43 to IA
the same as on Article 4 , and the vote
not to disqualify him was said to be
/ unanimous.
Article 6, which charges that the
governor committed larceny in specu-
lating with his campaign contribu-
tlons, was said not to have been sus-
tanned in the secret session by a vote
OF so declaring the governor mot
! guilty" to seven against him.
Article 5, which charges that he
prevented particular witness, Fred
erick l.. Colwell, from attending the
! sessions of the Frawley committee.
Article z, that he threatened to use
! his office and influence to affect the
vote of political action of certain as
semblymen and Article 8, that he cor
ruptly used his influence to affect the
prices of securities on the stock ex-
change, were reported also to have
been decided in favor of the governor
in the secret session by a practically
unanimous vote.
CJLLEN VOTES NOT GUILTY.
Presiding Judge Edgar NJ. Cullen,
voted not guilty" on every article
and rendered a long opinion in ex-
planning his votes. The other eight
Judges of the court of appeals we're
| divided On articles l and Judges
Willard Bartlett, Emory A. Chase
and William r. Werner voted for the
governor and against him voted
! Judges Frederick Collin, William II
! Cuddeback, John w Hogan, Frank
II. Hiscock and Nathan l.. Miller,
making a division among them of
! five to four against the governor.
On Article 1, Judges Bartlett,
Chase and Werner changed their
votes from mot guilty" to "guilty"
and Judges Hiscock and Miller
changed from guilty" to not
guilty" making against him a divis-
/ ion of six to three.
Presiding Judge Cullen held that
the offenses charged in Articles and
were not impeachable and that the
governor had not falsified his state
ment under the provision of the cleo
tion law nor committed legal per-
! jury"
EX-POST FACTO DIsQUALIFICA-
TION.
THE rule here contended," said
he, amounts in reality to an ex-post
facto disqualification from Office for
an offense which had no such penalty
when committed without affording
an opportunity to show either repen-
tance or atonement. Men have COM
mitted serious crimes, even felonies,
and subsequently attained high pub
/ lie positions"
Practically every member of the
court explained his vote on Article
1, although those who voted in favor
of the governor did not enter at
length into a discussion of the merits
OF the case or of the matters of law
and precedent involved, as did the
others, including all the judges. The