The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-23
Sulzer Loses Argument,
and His Case Will Be
Given Hearing.
CHIEF JUSTICE
EXPLAINS LAW
Only One Member Of Tribunal Is
Recorded in Favor of Cover
nor's Contention, and He Is
Democrat, With Son on
Governors Pay Roll
at $50 a Week.

Albany, n. Y, September 22.-By tho
overwhelming vote OF 81 to 1. the high
court OF impeachment to-day decided
that the Assembly had right under
tho law to irnpeach William Sulzer OF
high crimes and misdcmeanors. and
that the trial must. therefore. proceed.
This means that Sulzer must go 10
trial on evidence. Tho third limo Of
defense. based the contention that
articles OF Impeachment are made
Quata, will not save him from trial,
sven IL successful.
Staggering Blow to DefcnHc.
Tho vote taken after brief execu-
tive sess!on OF the court was n stag
gering blow TO the Sulzcr defense, and
sent the Governors lawyers scurrying
20 the books TO prepare for to-mor-
rows attack on the Indictment and TO
make ready the last fight on the facts.
which IS now inevitable. y conference
OF all the counsel was held in execu-
tive session til late tonight 10 ar
range for the morrow's battle.
Suffers solitary supporter in the
court after five hours OF argument had
thrown up his second lire of technical
breastworks. was Senator Wende, Of
Buffalo. whose son. according to evi
dcnce taken by the Frawley commit
tee. served many weeks on one OF Sui
zers pay rolls at salary OF $50 q
week.
The vote came at twenty minutes to
c. after Louis Marshall had concluded
"a two days argument for Sulzer. and
Alton e. Parker and Edgar T. Bracket
had consumed three hours between
them in support OF the legality OF the
Impeachment.
Cullen swnys Court.
As heretofore. the great weight OF
the opinion OF Presiding Judge Cul-
len had Il profound effect upon the
court This opinion was given when
,,,dr dr..sa ANA or IN
roll-call In It's alpha beticai order.
He had previously given some indi-
cation OF his opinion on the questions
TO Mr.. Marshall. Before an executive
session was moved. he offered 10 decide
the question under the power con-
ferred on him by the rules.
The presiding member or the court
he said. does rot feel inclined TO use
tho power granted under the rules TO
decide in the nrst instance. though ne
has no hesitation IN stating hts opinion
IL the rneinbers want It. as he has no
wish to evade any responsibility"
In Executive Session.
Justice Collin. on assurance from the
presiding Judge that the court might
be cleared. moved that this DO done
and subsequent proceedings were in
executive session.
Here ie, in substance. the opinion
given by Justice cullen. when as
tenth or tlOse responding, Hc Illtuc lHe
almost unanimous vote or the court
certainty:
II vote no. And l might rs well
take this opportunity OF expressing the
reason for my vote. II is urged by
counsel for the managers OF the inn
peachment that the Assembly has tho
right to vote at any time and present
particulars OF Impeachment. From
that doctrine I dissent IN toto. 1t Is
true that II IS the Assembly mat has
the right given Il by the Constitution
TO Irnpcaeh, bur the Assembly does not
consist of the individual members OF
its body. except when they are dul!
assembled.
ut would lead to anarchy and the
extreme case that has been suggested,
that a Governor might commit treason
while II is theoretically possible to
imagine. It is quite improbable and
think little weight should be given TO
It, Anyway, extreme cases do not con-
troll the construction Of statutes or con-
stitutions.
Assembly Has Power.
Tho Constitution gives the Assembly
power to impcach. 1t was in regular
session 1 use tho regular session;
mean 1t Is regularly convened in re-
sponse to call by the Governor. Now.
having the power OF impeachment. II
could exercise that at any time unless
we find another provision In tho Con-
EtitutiOn Wnlch RESTRICTS III or IOrDuS
It, That provision Is claimed to be
found In the fourth section of the
fourth article of the Constitution, in
which 1t is said:
LAT extraordinary sessions, no sub
1ect shall be acted upon except such
as the Governor may recommend for
considerations
Does that apply to this power OF
impeachment? IT is urged. OF course.
that this is not an ordinary legislative
power except in the sense that any
thing that is done by the Legislature Is
Legislative.
Now. there would DO force in that
argument IL there wero not other facts
that really abrogated tho force of tho
argument. and tend TO establish Il con-
Irary proposition. AS you may remem-
ber. this article. tho only article rec
commended or adopted by tho copsti-
tuoianal convention of 1868, which was
approved by tho people. was tho ju-
dietary article.
Mr. VnnBuren moved to amend the
fourth section as adopted by inserting
after tho words extraordinary occa-
= sions' the words following: AT such
extraordinary sessions no business
shall be transacted, except such rs tho
Governor may recommend for consid-
eration:'
No Deviation.
THAT was the provision that now
appears in the Constitution. You sec
there is no indication in this record
which was the only one accessible
that there was any intentional devia-
tion or change from tho language of
the Constitution adopted by tho Con-
stitutional Convention OF 1868. In fact,
from this It would seem that in the
first instance It was not thought well
or essential perhaps to add such a
provision at all. So much for that
CONTINUED On Second Pago.l