Evening journal., 1913-09-19
ASSAIE THE
ARTICLES OF
IMPEACHMENT
fcontinued from Flr-t Pagel

Continued from Fir-t Page).
legations or admitting that they had no
foundation in fact. His arrest was spec
tacular
Garrison had wandered into the as
sembly chamber early in the evening and
was there when close call was ordered
and the doors locked. Speaker Smith,
Leader Levy and several of their chief
lieutenants held conference and short
ly aftrward orders were issued to the
doorkeepers that under no circumstances
was Garrison to be permitted to leave.
When Garrison attempted to leave he
was told that he could not 60 out. Sur
prised, he asked Valentine Taylor, Gov
ernor Sulzer's lawyer, what he could do.
Taylor said so far as he could see there
was nothing to prevent Garrison leaving
il he wanted to. Garrison explained that
he was locked in. Finally Garrison took
seat at one side Of the chamber and
shortly afterward Levy introduced a
resolution which stripped of its verbi-
age, accused Garrison Of having libeled
members of the assembly and of being in
contempt of the body. His arrest was
directed Before the resolution was
adopted Louis ID. Gibbs, Democrat of the
Bronx district, denounced the resolution
as making for mob rule"
Mob rule or mob law should not
be exercised in this house." he said
IF Garrison is guilty let us proceed
in an orderly way and give him the
right to deny or prove the alleged
statement
The attorney for Governor Sulzer
! took strenuous issue with the briei
filed by the attorneys for the i'm
peachment board of managers. They
are preparing a brief in reply, which
is lengthy and takes up each sepa'
rate allegation in detail and denies
IT,
The following statement in the
brief. which was prepared by Sena-
tor Bracket is declared by the at
torneys for the governor TO demon
strate the malice of the entire pro
ceedings
THE world hates a liar, but IL IL
not for lying that the conviction o.
William Sulzer Is asked. He Is
charged with having filed false
certificate Of contributions made by
him. In doing so he violated the Law
and committed a crime. Impeaeh'
able offenses are not limited to in
dictable crimes. II was contemplated
in the constitution that a crimina
holding Office should first be i'm
peached and thereby stripped of his
official influence and power to ac
quit himself by removal of the dis
trct attorney who prosecuted hin
and the Judge who sentenced hin
and finally pardoning himself"
Herrick in conclusion declared tha
Rule 4, adopted by the court, for III
procedure, excluded the judges chal
llenged. This rule was that the con
duct Of the trial was to be governed
by the rules now prevailing in th'
Supreme Court.
Judge Parker, for the Impeachment
court, took issue with Herrick.
"They are supreme. The member
OF this court were elected by tn
people. And you are without powe
to disqualify a single elected membe
of the court. Ever since 1877, II ha
been a specific part of our State
fundamental constitutional law tha
no member OF the high court Of i'm
peachment created by It can be dis
qualified"
At the conclusion OF the argument
Chief Judge Cullen said that Will
a record vote would be taken, he. a
presiding Judge. would rule that III
challenges could not be entertaine
by the court He held It was entirel
a point of law and that there was n
law whereby challenges Of this kin
could be upheld
Judge Cullen cited the common Law
which applied to the point at issu
and declared that In his opinion. eve
though a member of the court shoul
want to be excused from sitting, h
could not be excused legally.
Members of a court cannot excus
> one of their brethren" he said. "Ther
are many precedents that uphol
this"
Cullen's ruling. while expected, wa
distinct disappointment to the d.
Tense. They had hoped he would sui
NIT the matter to a vote without hin
self expressing any opinion. and
was admitted that under his rulin
the court would instruct him not
entertain the challenge
The impeachment court unan
b mously upheld the ruling of Justi,
Cullen excluding the challenge
At twelve o'clock the court recesst
until 2 o'clock.