davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17

Judge Collin: / cannot concur in or
adopt the conclusion declared in the opin-
ions Of Judge Bartlett and Judge Chase
| find that II is clearly proved that the
respondent, William Sulzer. as candi-
date for election to the office that lie
holds. appropriated large sums OF money
for uses and purposes other than those
for which they were contributed TO hlih'
that he wllfully made false statement
OF the sums contributed TO him as such
candidate and violated the statute OF the
state; that he made false oath to ina.
statement and committed moral II not
legal. perjury, and that he attempted 10
suppress testimony.
81 hold that he lacks personal honor
integrity and regard for the nature anu
obligations OF his oath. Judicial notice
may be taken OF the facts, for they are
matters OF common experience and kno"l-
edge that honest and high mlhdeo me"
I'm the various departments ana hsItu-
tions OF the state throughout the STATE
will not willingly and frankly associate
and confer with him and participate Win
him fearlessy and with confidence IN lhe
affairs Of the state AS It's Governor nc
6 a menace 10 its welfare and tranquil
NV one OF the purposes Of the power Oh
iupeachment is that an officer so chaF-
octertzed may be removed from the ONCE
which he holds.
I'VE are told that we should not exc
cute that purpose in this case because INC
lack on the part Of the respondent u
moral and mental characteristics WHICH
are essential 10 the safe ana patrlo'io
administration OF the affairs of the state
has been proven by his acts done before
he actually took the office OF Go'erhol'
I'VE are told that II the legislative AS
semblv may lawfully and validity impeach
q, ot,,csr for acts done before he entered
into the office they may, ana perhaps
u,,u ,pneach for sinister, corrupt or po-
u,icol motives and for acts which nave
no relatIon 10 or connection with the
omoa or the duties, obligations or re-
.no,sibilltIes of the officer, and that TINS
oo,r, should acquit the respondent upon
,bo accusations OF the articles OF I'M
,,,aohr,ent which involve acts committed
prior TO January l. 1873 and that thiS
court should establish firmly the prece-
don't that a sustainable Impeachment cam
no, no based upon acts done by person
- ha took the Office from which his
removal is sought
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
judge MiIIer's Opinion.

Indigo Miller: AS has frequently
heen said before as well as during this
trial this is a government OF laws anu
not Of men. The people have in'rus'eu
this great power TO a great COURT 10
no avarcised according to the principles
Of the common law. This court has inc
mower. of course, 10 make wrong oe-
cision. which cannot be reviewed OF
collatorally attacked. but so has every
court Of last resort.
From what. then, are the prlnciPles
controlling our action to be deduceu'
obviously. from the nature OF the SUD-
iect the nature OF our institutions con-
sidered in the ligh. Of history and pre-
cedent. And here let me say a word az
to precedent. In the ever changing
conditions and constantly increasing
complexity Of society, we cannot expect
70 find a precedent for every new state
Of facts. The common law would be a
dead weight upon the progress OF socl-
ety IL courts were afraid, TO make a
precedent. But in making precedents
we do not make law. as seems to have
been asserted.
1--WE need not be disturbed because
among the scattered cases in the his
tory of Impeachment trials, we find no
precedent for a particular state OF
facts Those OF us who are engaged In
the ordinary administration Of justice
know that, although the great princi-
pies Of the common law are Of daily APP
plication, principles never exactly
formulated or declared have 10 be APP
nlied AT times and new applications are
Of constant occurrence. Especially
must that be true in the case or Inn
peachment trials. occurring at rare in
tervals and dealing in the main with
political offences. . If satisfied that, ac-
cording 10 the dictates Of right reason.
a given act constitutes cause for i'm
peachment, II should be enough for us
rs know that there is no precedent to
the contrary.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
Says Il Is Not Perjury.

AS to his filing q false certificate. in
my opinion, it is matter of law that
the corrupt practices act. now a part Of
the election law, did require him TO
state the amounts and sources of all
election contributions, and in my judg-
ment nearly all. possibly with two or
three exceptions. Of tho moneys paid
to him were such contributions.
Il find. however, that his oath to the
truth of this statement was extraju-
dicial. so far as 1t related to his re-
ceipts. re election law does not re-
Quire a verified statement, while the
penal law, which does require a veri-
fed statement. does require that that
statement should contain the receipts
Of the party making the statement.
1T, therefore is plainly extra judicial
to the oath. However, he was not
guilty of legal Perjury. SO much for
that. But l am frank to say that II
these acts had been committed during
his incumbency in office | should have
regarded his moral offence great enough
to require his removal. but / am OF
opinion that IT cannot be considered as
ground for impeachment, and that II
would be an eminently dangerous doc
trine to treat them as such.
The question. however. whether
these acts of the respondent constituted
crimes is not decisive OF the issue be-
fore us. They displayed such turpitude
and delinquency that. II they had been
committed during the respondents in
cumbency of office ! think they would
require his removal.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
ALL SULZER VOTES FIRST WERE CAST IN SECRET

directly controlling II is as closely in
point as We could we'll expect to find
The testimony of the witnesses. Peck,
Morgenthau and Ryan. exhibits the re-
spondent's guilty consciousness OF grave
misconduct and illustrates what extreme
acts in office one thus guilty may be led
to commit.
IF the suppression. of campaign cont.i-
buttons, would lead TO an attempt to
suborn perjury. it would be likely to lead
to grave official misconduct. and no one
can say TO what extent the respondents
official acts have been or may be infiu-
enced by his concealment in violation OF
law OF his campaign contributions
1T IL my opinion that the evidence
strictly relating to Article shows that
the respondent is totally unfit TO hold the
great Office OF Governor of this state |
am unwilling to hold that there is no con-
stitutional power to relieve the office Of
his incumbency."
Judge BartIetts Opinion.
Judge BARTLETT vote not guilty on
the ground that the acts charged. al
though In fact committed by the respond
viz Wv wv '''iStihNNN Ndllu cause lOT
Impeachment under the constitution and
laws of :his state. In accordance with the
precedents in impeachment cases, ! have
prepared. in the form OF an opinion, a
short statement OF the reasons for my
vote
MY position is that under the existing
constitution the power TO impeach does
not apply TO any acts OF misconduct COM
mitted when the accused person was not
in office agree that the statute upon
violation OF which this article is based
required the respondent to file state
ment OF his campaign expenses: but. as
read the election law OF that statute.
either failing To file the required state
ment or Hing a false statement does not
constitute 4 crime. The constituent 10
file such a statement does not apply
merely TO officers elected, but to all cam
didates.
"In the last election il applied to Mr..
Straus. Mr.. Hedges and Mr. William Sui
ger 1t seems TO me IL is going too far
to say that this violation OF this statute
had any such application or relation TO the
office OF Governor. any such application
as will enable us 10 hold that his miscon-
duct In this respect constituted misconduct
In office"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17

ton Of the electors. II was a political
offence. an offence directly against the
body polite. and not one whose immedi-
ate consequences were confined 10 par
ticuar individuals Was 1t so related to
his official life as TO unfit him to dis
charge the duties OF his office? The an
swer to that question depends upon the
purpose of the corrupt practices act.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17

II. Hiscock and Nathan L. Miller, max
Ing division among them Of five to
four against the Governor.
Change Their Votes.
on Article 4 Judges Bartlett, Chase
and Werner changed their votes from
not guilty to guilty" and Judges
Hiscock and Miller changed from
guilty" to not guilty" making against
him a division Of TO 3.
Practically every member Of the
court explained his vote when the roll
was called on Article l. although those
who voted in favor Of the Governor did
not enter at length into 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 latter filed with the court lengthy
opinions in support of their votes.
Several OF the Senators also took oc-
casion to express their opinions Of the
Governor in harsh terms. Senator
| Thompson declared that the Governor
had traded on the value Of William
Sulzer, nominee" when he sought con-
tributions TO his campaign, and that
those who gave him money had done so
Ito purchase him"
Senator Sage said that the $4,000
contribution Of Thomas +. Ryan was
given to the Governor because he was
useful" in Congress and "as retainer
for services to be rendered in his new
position"
Senator Wagner. Democratic leader
of the Senate. submitted long legal
opinion in which he sought to refute
the contention that the offences charged
in Articles | and were not inn
peachable because they are acts COM
mitted before the Governor took office.
Senator Elon r. Brown. Republican
leader read a similar lengthy opinion
in which he defended his vote in con-
nection with the fact that he had been
politically opposed to the Governor.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
Judge Chase's View.

Judge Chase: II am OF the opinion that
the respondent should not be found guilty
under this article OF impeachment be-
cause the acts proven against him oc-
CURED prior TO the commencement Of his
term Of office. have no doubt that the
respondent is guilty OF the immoral acts
charged in the first article OF impeach-
ment but ] am I'm great doubts whether
In view OF the construction placed upon
the constitution OF 1876 by the Legislature
I'm enacting the code OF criminal proceed
ure In 1851. and thus at least defining the
power to impcach under the constitution,
the people intended by their approval of
the constitution OF 1894 to grant power
10 impeach other than for wilful and cor
rupt misconduct In office.
II am clear, however. that II is unwise
for this court 10 establish precedent that
an officer can be impeached for an Of
fence. neral or criminal committed prior
To the commencement OF the term OF Of
flee OF the person proceeded against. In
my opinion. II this court OF impeachment
asserts jurisdiction to try the respondent
for offences committed prior TO the COM
mencement OF his term OF office. II neces-
sarily follows that an officer can be i'm
peached and the court can try such officer
for any offence committed at any time
which IN the supreme power OF the court
II declares Improbable.
1T is OF essential importance that *
traordlndry power OF Impeachment should
be confined within clearly defined boun-
dares and not left for determination by
the court for the trial OF impeachments
at a time when each member OF the court
may be unconsciously or otherwise affect
cd by his desire To accomplish a result
In the particular case under consideration.
The right to impeach should not be
extended beyond the clear authority ex-
pressed by the people I'm their organic
law. II the people hereafter want TO
give to the Assembly power TO impeach
an officer Of the state for any immoral
or criminal act committed before his
term OF office has commenced they can
do II. as they can In all cases when
changes are desired I'm our organic law
by amending It's provisions in the man
ner therein provided
II concur In the statement OF fact and
the conclusions OF law expressed in the
opinion in. part read and which will be
filed by Judge Bartlett. and in the opinion
OF presiding Judge Cullen. except that
do not concur IN any statement OF either
to the effect that the Legislature may
under our constitution from time TO time
either increase or diminish the power OF
the Assembly to lmpeach, or that one OF
the important purposes OF the corrupt
practices act is not to secure publicity
OF contributions TO candidates TO office"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
Acts Before Taking Office.

This brings me TO what ] consider
the serious question in the case. Can
public officer be impeached for acts
committed when he was not an Of
ficer of this state? The question is
not one Of power but one Of right.
Doubtless IL the Assembly impeaches
and the court convicts and removes
from office that judgment cannot be
attacked, no matter what the reasons
assigned for the removal may be, but
the question remains: Are such acts
rightly ground for Impeachment?
Should this court so decide?
Never before the present case has
It been attempted to impeach a pub
lie officer for acts committed when he
was not an officer of the state. No
suggestion to that effect can be found
in any opinion Of courts Of impeach-
ment, in the arguments Of counsel
In several cases where it has been
sought TO remove the officers for such
acts by judicial proceedings the right
has been expressly denied.
THE assertion is erroneous that i'm
parchment proceedings are in no re-
spect punitive and solely preventive to
safeguard the state. If the doctrine
contended for is correct, man guilty
Of any offence in his past life of suf-
fcient gravity 10 Justify his removal
If committed when in office may be
removed from office without an oppor
tunity TO show that both his official
conduct and private life during his
official term have been Of the most ex-
emplary character.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
No Statue Of Limitations.

There is no statute Of limitations on
impeachment, The rule here con-
tended for amounts in reality TO an ex
post facto disqualification from office
for an offence which had no such PEN
atty when committed without affording
an opportunity for showing either re-
pentance or atonement Men have
committed serious crimes, even felonies.
and subsequently attained high public
position. Instances will occur TO all
OF US.
IF the Legislature may define the
grounds OF impeachment-and l am
not prepared to deny or affirm that
ropositlon. being impressed by the
arguments of Judge Vann to that effect
it may prescribe for what offences
committed prior to the commencement
OF his term a notwithstanding what
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
Continued from first page.

% dismiss this article. There
n''~. a. something akin to the rapid roll
Gus" :, the Senate. Each judges name
'e .o,led. and he answered simply.
Na o,r,ty" It all took three minutes.
-. Article there was some more
Lining OF votes, but the registering
.,s result on this took only half
an hour.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17

II was not within his legal right to use
1t for any purpose for which he saw fit.
l have pleaded that at length in my
opinion. 1 have given the authorities
which assert the proposition.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
VOTE OF THE, HIGH COURl
AND POLITICS OF MEMBERS

Vote of the High Court of Impeachment and the political
affiliations of the nine judges Of the Court of Appears ana o'
eight Senators voting the question of Governor
under Article Of making false statement OF MS cd"pas
and Article of perjury in swearing to It, are SHOWN W
the following table
JUDGES VOTING GUILTY.
Collin Frederick CD, Hiscock. F. H. (R2 syracuse
Cuddeback W. H (D) Buffalo Hogan John 3D. Syracuse
Miller N. L. R), Cortland
JUDGES VOTING NOT GUILTY.
Willard D. (D) Brooklyn Cullen Edgar M Dl o.o0NH"
Chase Emory A. (R), Caskll Werner w. E CR) ROCHESTER
SENATORS VOTING GUILTY.
G. F F. CD, Buffalo
psrvel George A. ) Monsey Muaugh John F. CD, Emira
Boylan John (D) Manhattan Ormrod W. L. (R) CnuIchve
Brown R. (R) Waterown Paen Bernard NJ % l. l. lily
H. (R) Perry Pollock Henry w. tD)' handH"
Daniel ] 3D. Brooklyn Ramsperger j. W, 0u"aio
Cre1 William CD Brooklyn Sage Henry NJ (R), Menands
Coats erbert p R1 Sanac Snner D) Brooklyn
Cullen Thomas H (D1 Brooklyn Simpson, w. CD, Manhattan
Foley James A. CD, Manhattan Sullivan T. D. OBJ Mammalian
Fwley James j. CD Manhattan Thompson IT, f. t Nnoap0r,
Godfrey Frank NJ R) Olean loroog herman n W. D,oAV
60 Anthony (D) Manhattan Vel Henry P. CD, Brooklyn
Healy (D) New Rochelle Wagner Robert r. ~ manhattan
-, w (Dl BROOKLYN Walters, J. Henry (R), Syracuse
.. Ch,..' 7 (R\ Locke White Loren H. (D), Delanson
=, ",nsd =, n m, Manhattan Wilson, Thomas B. (R) Hall
N SENATORS VOTING NOT GUILTY.
1o..s r Peckhan William d. CD, Utica
1, A Ipl Warrensburg Seeey John (D) Woodruff
Zines, CIV e n lion Sivers, John B. (R), Middletown
,U,..- p ID, Manhattan Thomas Ralph w. (R), Hamilton
49,, NJ (Dl Cssteon Wende Gotried H. D), Buffalo
" nv Oyster Bay Clayton L. (D), Hancock
ne' lproaN Milton Whitney, G. H. (R). Mechanicsvie
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17

unfitness Of an officer may be proved by
lis acts connected with and relating to
his Office and affecting and influencing
his official conduct, although they ante
date the actual taking OF the office.
ITO hold that he is now unfit TO hold
the Office and cannot be removed because
the proof Of his unfitness arose before he
took office is a lamentably inadequate
and impotent conclusion. And what OF
that conclusion as a precedent? II is not
dangerous that this court should itself
create a Limitation upon itself, prohibit
ing It from protecting the state and pun
ishing the guilty because Ike or ANAL
agous state of facts has never before
been presented 70 an impeachment court
Such a precedent does not promote or
sanction Justice, security or right. 1t
makes form superior to substance, and
that which is incidental dominant over
that which is vital"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
Judqe Hiscock's View.

Judge Hiscock: I'VE are all. l think
certainly a majority of disagreed that
the respondent wilfully and wantoniy vio-
lated the statute relating 10 corrupt prac-
tees. which required him to file COM
plete and honest statement Of the contrl-,
h,,ions which he had received for cam
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17
Judqe Cuddeback's Opinion.

Judge Cuddeback 1T has seemed TO
me that this is an exceptional case for
which there is no controlling precedent.
The corrupt practices act touches mat
tiers connected with election so closely
that its violation by successful canoi-
date presents a case different from any
that has arisen before The candidate
who dlsregards this act shows an UNIT
ness for office not shown by the commits
sion of any other crime.
The case certainly is not within the
reason given for refusing TO impeacp an
officer on account Of offences committed
before he took office. The electors have;
not condoned it, and the offence has some
relation to the office.
The people have the right TO know VINO
have contributed to bring about the on
GERS election In order that they may
know who will exercise control over him
or will influence him in the discharge OF
his duties. To that end the law requires
the candidate to file statement OF the
moneys received by him for campaign
purposes.
This is a purpose sought beyond the
general purpose which the lawmakers hao
in view when they required all candi-
dates. successful or defeated. to make re-
turn of their campaign receipts and dis
bursements. The statement from the de-
feated candidates will show who Is con-
tributing money TO the elections. the
statement from the successful candidate
will show further TO what influence men
IN Office as subject.
Therefore II is that the case Is ex-
ceptional and not within the principle OF
former decisions There. briefly stated
are my views on the question, and they
lead me to vote guilty"
judge Hiscocks View.
Judge Hiscock: I'VE are all. l think
certainly a majority of disagreed that
nd W
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17

Continued on fourth page: second column:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-17

II. Hiscock and Nathan l.. Miller. max
Ing division among them Of five to
four against the Governor.
The Barre daily times. (Barre, Vt.) 1897-1959, 1913-03-24
TALK OF THE TOWN


Carter's underwear at Knights.
Arthur L. Castle went yesterday to
Burlington, whore he will visit friends
for few days.
A son Was born at the City hospital
this morning to Mr.. and Mrs. j. j. Sui.
Ivan, q Averll street
Tickets that have been reserved for
the opera tomorrow night must be taken
out before noon tomorrow or they will
be resold.
Tickets for extra ladies can be pur-
chased at the door only, Monday evening
at the hospital benefit ball. Price OF
each, 25 cents.
Violet, the 6-year-oM daughter Of
Alexander Massie, Garfield avenue, was
taken to the City hospital yesterday,
i'll with pneumonia.
Mrs Arthur Bartlett of Marshfeld
station has returned home, after spend
ing week with her parents, Mr.. and
Mrs. Henry Nixon OF Barre.
After April |, Mrs. c Page and
Mrs Iona Pitkin will be located at 81
Jefferson street. Anyone wishing board
or rooms please call ut "The Page Home"
Regular meeting of Jumpers, boxers
and derrickmen, No. so, win be held in
painters hall Wednesday evening, March
20, at 1880. Business Of Importance. Per
order cor. sec, Thomas Holder.
Mrs. Herbert Slayton, Mrs. Charles
Averill and Mrs. Adna Badger are the
committee in charge of refreshments,
which will be served at the hall Mon
day evening at the "beneft' of the hos
pital, all for the price of the dancing.
The regular meeting of Major L. A.
Abbott camp, Sons of Veterans, will be
held Wednesday evening, March %, at
1880 o'clock, instead of Tuesday, March
%. Let every member be present. Bus
mess of Importance. Per order Charles
l.. Gauthier, commander.
Would you like to go to Europe? If
so, you will enjoy hearing Congressman
Plumley in Rowland hall Thursday even
ing at 8 o'clock. Mr.. Plumley has de-
livered his lecture on Venezuela twice
in this city and was asked to give the
same lecture the third time, but gives
My Trip Abroad instead. Watch for
The tickets.
The Barre daily times. (Barre, Vt.) 1897-1959, 1913-03-24
Low Price Stays Fixed

The cabinets that we send out dur
ing Hoosier Club Week are all at the
low national price fixed by the fac
tory.
Your dollar fee and dollar a week dues
give you this splendid cabinet at not penny
more than the Hoosier Manufacturing Com
pany has fixed all over the country
Made Of sturdy everlasting oak that steam
and moisture will never harm, it gives YOU solid
value that is possible only through low man
ufacturing cost.
You can never get all you might have in
a kitchen cabinet unless you have the Hoosier
Remember, that every woman in town is
seeing this advertising just you are-and
that she also wants a Hoosier on our Club
Terms.
Then remember how few are left-how
quickly the Others were taken-and come carly
tomorrow
The Barre daily times. (Barre, Vt.) 1897-1959, 1913-03-24
The New Spring Kinds

Children's and Misses Straw Hats
These at popular prices and some
very pretty ones at that Several
styles at SOC.
Ladies Hats in black straw at CSC
and s1.9s. just a couple Of spe-
Gals.
A good variety of Misses Cloth
Hats to wear with your mackinaw
coat or sweater Just the kind for
school girls. Jaunty and durable and
not expensive.
New Spring Gloves, New Neckwear,
the best showing for years. An
early Easter has forced all new styles
like the lilies to blossom.
New Silks and Ribbons. This will
be large Ribbon season. Summer
silks are having run. Wash Silks
and Tub Silks. Not enough made
SO far to supply the demand.