The Sentinel=record., 1913-09-20

1 'N'pca'H 'HnleHl was gwen over 10 legal 1 | argument and indications were to- l
 night that Monday and Tuesday | would be similarly occupied, preclud- |
 ing the calling of witnesses until ! 1 Wednesday,
 l Alter the adoption today of rules | of procedure, D. Cady Herrick chief counsel for .he government, formally l 1 challenged the right of Senator's l | Frawley, Ramspergar, Sanner and 1 1 Wagner to sit as members of the court the first three on the ground l that they were members of the Fraw. l ley Investigating committee, on whose report the articles of impeach- ment were based; Senataor Wagner. president pro tenn of the senate, on the ground thaa. in the event of the conviction of the governor he would succeed to the profit and emolu- ments of the office of lieutenant governor"
 Judge Herrick read a long brief in support of his contention. to which Judge Alton B. Parker, chief counsel for the managers, replied, holding .hat the court had no power under the constitution to exclude any of it's members. This argument Presiding Judge Cullen upheld
 "All precedents are against it," he said
 Judge Cullen, however, put the challenge to the vote of the court, with the result that, excepting the four senators involved, who asked to be excused from voting, the 32 mem bers present today unanimously de cided against the counsel for the governor. A motion to dismiss the impaach- ment precipitated the second contest. It was made by Attorney Louis Mar | shall, who spent practically the whole afternoon session in reading q brief purporting to show that the i'm peachmens was unconstitutional, based on the fact that it was brought while the assembly was in extraordi- l nary session, and entitled to act I solely upon matters presented to i. ] by the governor.
 MT. Marshall's argument will be answered by Judge Parker for the ! managers. In the event the court again rules against the governor, ac- eording to plans outlined tonight, D l Cady Herrick will move to strike out the first, second and sixth articles of 1 impeachment on the ground tha; they pertain to acts committed by
 the governor before he took the oath l or office and are not within the iuris- l dlction of the court. These articles l Will have to do with the govsrnor's campaign Contributions.
 The act of perjury he is alleged to ] have committed in failing to include certain contributions in his sworn re- port and the act of larceny in the al legged use of omitted contributions
 for speculation in Wall street Aus tin G. Fox will support Judge Her 1 rick tn the argument on that feature. 'l will show" said Mir. Fox, that acts committed by the governor in private life have nothing to do with his public life and that what he may have done before he took office can not be passed upon by this court"
 Ex-Senator Edgar T. Bracket. will reply to the argument on behalf of the managers. His reply, premately made public today, holds that con duct as candidate corrupts jalblic duty in office," and that impeacb- ment may be instituted, not only for statuable crimes but flor anything that demonstrates unfitness to exer- else the functions of office"
 These legal battles disposed of. probably by Wednesday, the case for the prosecution will be opened by Eugene Lamb Richards, counsel for U Y,,ft outline the evidence. The taking of testimony will follow immediately.
 This program was sketched to- night by Mir Bracket, who added that if Governor Sulzer should .ake the stand the task of cross-examininp him would fall to John B. Stanch. field
 'Mr Stanchfeld and myself will bear the burden of the cross-oues. tloning, he said. We hope that Mir Sulzer will take the stand in his own behalf, bu. We have grave doubts of it."
 James C. Garrison friend of the governor and his so-called graft in- Vestigator, who was sent to iail by the assembly to serve until the ex piration of the present session for alleged contempt of tha. body. en. gagged counsel to obtain his release. but no action in that direction was taken.
 Gilbert E. Roe of New York. one of Governor Sulzer's attorneys, an nounced tonight that he would apply for a writ of habeas corpus before supreme court justice tomorrow.
 We expect to have Garrison at liberty before Sunday" he said. "and are confident that his commitment will not sand court review. If the action of the assembly last night should stand. no citizens liberty would be safe"
 Acting Governor Glynn today for the first time since he assumed the role of chief executive affixed his signature to several bilIs. thereby enacting them into law. The meas ures approved were passed earlier in the week and completed the demo cratic leaders program of financial legislation. One bill appropriated the sum of $75,000 for the expenses of { i, ...s.