The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-09-20
BAKER BROS, s West Broad Street

Justice that every man accused is en-
titled to be tried by an impartial tri-
bunal, one which has not determined
the question of his guilt or innocence
in advance.
+ Like Caesars wife. il is not suffi-
Client you should be virtuous. but you
must be above suspicion in all your
membership.
The :irne has come when the high
est court in this State should deter
mine. once and for all, that It's mem
bers should be composed, and com
posed only, OF those who are free
from even suspicion of bias and par
TALLY. Let the court be so com
posed that only Will 1t be impartial,
/ but that all men Will, from the be-
ginning know 1t is impartial"
Alton B. Parker, bowling to Judge
Cullen. faced toward the other Nom
/ bers of me court and replied to Mr.
Herrick.
THE people of the State of New
York, our sovereign. created this
court" he began, "and it said from
( the beginning, it shall be composed
of the president of the senate. the
Judges Of the courts the senators or
n majority of them, and the judges
! W Ni'1 ~cutA VI ~ PPFlls' VI iiid
jority Of them. That is the mandate
OF the people, and you are here by
virtue Of that command. without pow
er to say to any one of your members
and of any one of them, you shall not
sit in this court"
He cited the impeachment of John
Fl. Shively, in the State of Washing
ton in 1909, Sixteen of the forty
two senators who composed the court
IL,
not one was expelled
Hcrrick Makes Reply.
Judge Iferrick replying to Judge
Parkers argument said that the con-
stitntt0nal provision that major
part of the senate and the Court of
Appeals" make up the impeachment
! court carries "a concession and ad-
mission that there be some members
absent. and there may he the same
disability as dlsqualiflcs a Judge of the
Supreme court of the Court Of APP
peais from acting"
Thu HsrrIck -PaEkaF- dahafa-he4aa
over Judge Cullen said
This challenge cannot he enter
tanned, is the uniform current of au-
thority. All the precedents are
against il. Even in an ordinary court
of justice members Of court could
not exclude one of their brethren"
The court voted down motion by
Judge Herrick for a secret session for
consultation. Then the members
voted unanimously not to entertain
the challenge. The other men to
whose presence TN the court the de-
Tense objected abstaind from voting.
| Louis Marshall. for the defense. now
| made formal motion that the I'm
parchment proceedings be dismissed
lie said impeachment was unconstitu-
| tonal because Governor Sulzer did
not recommend to the extraordinary
session II the Legislature the subject
OF his impeachment
At 1890 o'clock the cour+ ad
journed for luncheon
On reassembltne at 2 o'eIork on
hour and a half OF debate began.
John b. StanChfeld. for the prnsecu-
uon, replied TO Mr.. Marshalls mo-
ton to throw the case out of court.
Mr.. Marshall then began reading his
brief and had only partly finished
when court stopped work for the day
at $50 O'Clock. 1t was mainly de-
voted to the support of William Sui
GERS contention that the extraor-
binary session of the legislature which
ne called for other purposes had no
right to impeach him.
What 1t Leads To.
If, he said the contention Of the
impeachment managers Ia reduced to
its logical results, 1t means that a
self-constituted fraction of the as
sembly or majority OF It's members,
even though not convened. may law
fully impeach any judicial or execu-
tive functionary OF the State
1t occurs TO some individual who
may not even occupy an official ca
pacity. but who is possessed of pow
erful influence over a considera BILE
number Of the members OF the as
semhly that he desires to have one
or more of the judges impeached,
4 There is no way known to the con-
stitution or TO the law by which the
assembly can be convened. except au-
tomaticaily on the first Wednesday In
January at the regular session or by
the proclamation of the government
to meet in extraordinary session. But
the regular session may have ad-
tourned sine die and the governor
may have refused to call an extraordi-
nary session or may not even have
I been requested 10 call such session
How can the assembly be con-
vened under such circumstances? AT
whose instance? Certainly not at that
! of the private Individual who is In
terested In bringing about the i'm
parchment of a Judge. Certainly not
by any member OF the assembly who
should desire 10 assume authority to
convene that body and to usurp the
| functions vested extensively in the
executive"
| Mr.. Marshall thus phrased his main
| contention.
! The assembly has no power to Inn
! peach at the extraordinary session
! in the absence Of action by the gov
ernor enabling II 10 deal with that
| subject"
| He said that no words could be more
general and all embracing than those
of the constitution Of the State. mo
subject shall he acted upon except
such as the governor may recommend
/ for consideration"
| At about this point In Mr.. Mar
sha!fs argument time was uD and
Judge Cullen adjourned the court un-
til O'Clock ON Monday afternoon.