Norwich bulletin., 1913-09-20
More Charges
 Against Sufzer
THREE NEW ALLEGATIONS MAY
 BE MADE
A DAY OF ARGUMENTS
Lawyers Consume Much of the Time Objections of suIzer Lawyers overruIed by Unanimous Vote.

Albany, N. Y. Sept 19.-Counsel for William SulZer lost the first sktrm1sh in a legal battle they began today at the second session of the high court of impeachment to prevent the accused executive from coming to trial. Their objections to permitting four senators to sit as members of the court were overruled
 They began next to attack the valid ity of the impeachment with a motion to dismiss the proceedings, but failure to complete their argument when ao- journment was taken until Monday precluded a decision.
 SuIzer Comedies Lack of Authority.
 Meanwhile Governor Sulzer formally conceded that he had no right to ex- ercise the functions of chief executive pending the determination of the inn peachment. In a letter to Lieutenant Governor Glynn, enclosing request received for the extradition of a pris- oner, he explained that he had taken such action because of recent decisions of the supreme court that the "execu- tive functions should be performed by yourself as acting governor"
 After striving fuilely from noon un- til 7.30 o'clock tonight to obtain enough anti-Sulzer votes to insure the passage of additional impeachment charges, Majority Leader Levy moved that the assembly recess until next Thursday.
 Three New Charges.
 The fight for additional charges will be resumed immediately on the con vening of the assembly, and in the meantime the democratic leaders will use every means to obtain full attend ance
 It is generally understood that the charges were completed today. Tho three chief allegations are, it is saiu,
 
 of his office following his impeachment, made a pre- election promise to make Dr. Julius Broder state commissioner of health, and failed to account for the fund which he obtained to wage his direct primary campaign
 Day Consumed by Legal Argument.
 The entire session of the court of impeachment was given over to legal argument and the indications were to- night that Monday and Tuesday would be similarly occupied precluding the calling of witnesses until Wednesday, After the adoption today of rules of procedure, D. Cady Herrick, chief counsel for the governor, formally challenged the right of Senators FTaW- ley, Ramsperger, Sumner and Wagner to sit as members of >the court-the first three on the ground that they were members of the FraWLey 1nVeEt1- gating committee, on whose report the articles llnD6dSHIu6HL were DdSCd-- Senator Wagner, president pro tempore of the senate on the ground that In the event of the conviction of the gov ernor he would succeed "to the profit and emoluments of the office of lieu tenant governor"
 Unanimously Voted Down. Judge Cullen put the challenge to a vote with the result that with the exception of the four senators involved | 1N- fV-S,V1 4Y1r~ the 32 members present today unani- mously decided against the counsel for | the governor.
 Motion to dismiss the impeachment precipitated the second contest. It was made by Attorney Louis | Marshall who spent practically the whole afternoon session in reading brief purporting to show that the i'm peachment was unconstitutional. based | on the fact that it was brought while ] the assembly was in extraordinary ses- | sion and entitled to act solely upon matters presented to it by the gover- nor.
 Adjournment to Monday.
 MT. Marshall declared that the i'm | peachment managers would probably ! assert that Governor Sulzer should l mot be permitted to avoid a hearing upon the charges that have been made | against him, that he should meet those ! charges by evidence and not resort to | constitutional or legal objections. | Not to enter such objections, the at 1 torney said, would be to treat the law 1 of the land as a mere jest' and would be 10 ride roughshod over the ruins ] of the constitution
 Before MT. Marshall had finished. i adjournment was taken until Monday. l His argument will be answered, ac l cording to present plans. by Judge ] Parker for the managers. In the l event that the court again rules | against the governor--as many of his partisans tonight feared would be the ] case-the next question the governors | co1n seI will raise will be that of the l impeachability of the charges.