The daily banner. (Cambridge, Md.) 1897-2008, 1913-09-23

Icourt i.l.).aeilm3..t Dis
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Judge Parker Argued Against PIE;
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That the Governor Was Unconstitu
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tionally Brought to Trial. 2

Albany, N. Y, Sept. 23.-The motion
of counsel for Governor Sulzer to dis
miss the impeachment proceedings
brought against him was overruled BY
the high court of impeachment. :
All members of the court except
Senator Wende, of Buffalo, a Demo
crat, voted against the motion.
Governor Suffers legal artillery re
sumed action when the court of higf
impeachment, which began last weel
his trial for alleged high crimes anG
misdemeanors, was called to order by
presiding Judge Cullen. Attorney
Louis j. Marshall continued the argu
ment which he did not finish when the
court adjourned on Friday, in which he
held that the governor was unconsti
tutionally impeached.
Mr.. Marshall quoted precedent In
support of his contention that the as
sembly in extra session was entitled
to consider only subjects called to its
attention by the governor. He said
on this point:
whenever an extraordinary session
has been held, not even an appropria
tion bill to cover expenses of the ses
sion has been attempted to be passed
except upon the specific recommends
tion of the governor. There is not to
be found in the history of any of the
states single instance of the institu
tion of impeachment proceedings at an
extraordinary session of the legisla
ture"
Answering the argument that the
assembly exercised not legislative
but judicial function, Mr.. Marshall
held that an impeachment was equiva.
lent to an indictment, and that the as
sembly exercised no other function
than that of grand jury. Continuing,
he said:
when a grand jury finds an indict-
ment, it does not act judicially any
more than in those Jurisdictions where
informations have taken the place of
indictments, the fling of an informa-
tion by district or state attorney can
be said to be judicial act.
"It will doubtless be argued that
under our Interpretation, the COVER.
or could not be impeached except at a
regular session of the legislature, since
it would be unnatural for him to re
commend to the legislature at an ex-
traordinary session the consideration
of the subject of his impeachment. ?
Judge Parker, ON behalf of the as
sembly board of managers, replied to
Attorney Marshall.
In answer to the first contention
of the defense, that the assembly had
no power to institute the impeachment
proceedings, he said:
"Such impeachment Is not, in any
sense, a legislative, but a judicial
subject and proceeding. 1t is not an
act Of a legislative body. 1t is not the
expression of legislative will. 1t Is in
no sense rule or guide, after the
manner of a legislative act, for the
control of future conduct, but com
plant, an accusation and calling to an
account by quasi judicial tribunal
of a person for past misconduct. II
Is of the precise nature of proceed
ing by a grand jury in the finding OF
an indictment. Nor is there any more
connection or relation between an i'm
peachment by the assembly and ses
sion of the legislature than there is
between such session and the ordinary
preceding of grand jury in the find
ing of an indictment.
1.-THE legislature, whether assem-
bled under constitutional provision OF
by call of the governor, has no power
of impeachment. The sole power to In