Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-18

Judges desk symbolic signs showed in
relief over the word Justice"
Only One senator Absent.
All but one OF the forty-nine sena-
tors-John c. Fitzgerald. OF New York
answered to their names ~ the roll
was called by Senate Clerk Patrick L.
McCabe. Senator Fitzgerald is III.
The senators appointed committee
Of two to notify the court Of appeals
that the senate was ready to Join with
them in completing the court for the
trail Of the impeachment Of William
Sulzer."
There was two minute silent wait.
then at 1902 O'clock, the judges. nine
in number. clad in their somber ju-
dicial robes. fled into the chamber.
Senators ant spectators 2ccse and
remained standing while the acting
lieutenant governor welcomed the
court.
Judge Cullen was escorted to the
dais and was presented with the gavcl
which he brought down solemnly de-
claring the court convened.
Judge Cullen declared the first bus
mess was to call the roll to determine
whether there was majority present.
The oath OF office was then admin
istered by Clerk McCabe to the presid-
ing chief judge.
Governor Starts First Investigation.
Governor Sulzer was impeached by
the assembly for high crimes and mis-
demeanors'' at the all night session Of
Aug. ~ and 13. He is charged with ap-
prOpriating campaign contributions.
with fling false statement Of contri-
buttons and with improper use of his
influence as governor to affect the
political action of certain members Of
the assembly. Perjury and larceny are
among the high crimes" named.
The charges are set forth in eight
articles Of impeachment and embrace in
their substance the finding Of the
Frawley committee Of the legislature,
which began last July q public inves-
ttgatiOn into Suffers campaign con-
tributions and his political activities.
This Joint committee. created by the
democratic majority. was charged by
the governor with being inspired by
Tammany hall to attack him because
OF his refusal to bow to the will OF
Charles F. Murphy. 1t began it's inves-
tigation shortly after Investigations or
dered by the governor in the various
state departments were under way.
Evidence Secured Against suizer.
The committee took testimony in
New York and Albany and unearthed
evidence which tended to show that
eleven checks amounting to $500 were
to the sulzer campaign
fund. which were omitted in the gov
sworn statement. That state
ment accounted for only $5.46o. It was
also brought out that during the pro-
gress Of the campaign he received over
$32.S50 in cash.
The articles Of Impeachment charged
that this sum. together with the
checks. was appropriated by the sgov-
ernOr and "a large psi thereof" used
in speculatin9 In stocks. Several OF the
checks wore traced to Wall street
brokerage houses in which the gover-
nor had accounts either Inv his own
name. It was alleged by the COMMITTEES.
or in the name Of dummy.
Wife Brought Into Case.
Governor sulzer Just before his inn
peachment denied improper use Of
campaign contributions. Subsequently
It was explained by the governors
friends that It was his wife who had
speculated with the funds without the
governors knowledge.
A board Of nine managers chosen by
the assembly. Of which Aaron Levy.
democratic leader Of the assembly Is
one. has the Impeachment of the gov
ernor in charge. The board will act In the
position Of prosecuting attorney In
jury trial in presenting the evidence
against the governor. The managers
have been occupied since the impeach-
ment in gathering further evidence
against the governor.
While under the constitution Cover
nor Sulzer may be removed from Of
nee and disqualified from holding any
other. IL found guilty, this is the ex-
treme penalty and the court may i'm
pose a lighter sentence. 1t requires
q two-thirds vote Of the court to con-
vict.
FrawIey Committee Members Sealed.
After the roll call Judge Cullen de-
clared the court duly constituted. He
announced that the question had been
raised as to the right of Judges
Hitchcock, Chase and Miller. desig-
natod members Of the court of appeals.
to sit as members of the high court.
I1S SsiAO III HIS OpIulOI Iuc uCSASuhIeu
judges should be permitted to sit.
Counsel for both sides assented.
The right of Senator Frawley.
chairman of the committee which
brought out the evidence against the
governor, and other members of the
committee, to sit as members. was
challenged by the defense. but they
were permitted to take the oath of
office.
After the oaths had been taken, the
clerk called the name of William Sui
zer. Mr.. Herrick announced that Gov
ernor Sulzer desired to appear thru
counsel. This request was granted by
the presiding Judge who then ap-
pointed a committee Of three to draw
up rules and methods Of procedure for
the court.
Tho court, on motion of Senator
Wagner. then adjourned until tomor-
row.
THEoBALD PARK BURNED.
lncsndiary Fire Destroys Beautiful
A>..:>- e Al-:e>0 hA>.,~~