New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-20
First Setback in Impeachment
Trial Comes When Senators
to Whom He Objected
Are Seated.
ARGUMENTS TAKE UP DAY
Louis Marshall in Midst OF Con-
tention That Entire Proceed
ing Against Governor is
Illegal When Court Ad-
journs to Monday.

iourns to Monday.
| From, q s.ar Correspondent o; The Tribune.
! Albany, Sept. Ex-Governor Su@er
received his first setback to-day IN MS
! trial before the High Court OF I'M
peachment on charges Of perjury. inert
and corrupt use Of his official powers
when the court decided after 'o''s
argument that Senators Frawley, Ram
sperger. Sanner and Wagner nan d
right to sit as members Of the court
and 70 cast their votes in the final Ge-
cision.
/ These Senators were challenged ny
the Sulzer Invertebrates, Ram
| sperger and Sanner-because they sd'
as members Of the legislative inVeSu-
eating committee which produced me
evidence on which the impeachment
was voted: Wagner because b! the &c
posinr of Sul7er he would become Lieu
/ tenant Governor. The question was
practically settled by Chief Judge Cul-
/ len Of the Court Of Appeals. VINO is
president of the Impeachment Court
in a speech setting forth his opinion
that the Sulzer lawyers had neither
law nor presidents on their side IN 'he
endeavor to exclude these Senators.
There still remains the possibility
that these Senators, because OF the I'M
putations of bias and personal interest
already lodged against them, may ask
to be excused from casting their votes
on the question Of Governor Suffers
guilt or innocence. There is precedo1t
for such action.
Marshall Raises Point.
The Sulzer side introduced at the al
ternoon session the first Of the consti-
tutional questions which must I've
passed on by this court before the TAX
ing of testimony can begin. This "os
the contention that since the Assembly
had met in extraordinary session when
it adopted the impeachment resolution
and since Governor Sulzer had not rec
commended action on sucn a subJe;t
under the constitution the attempted
impeachment was wholly illegal and
void.
Louis Marshall. Of the Sulzer stan,
advanced this argument in long oriet'
filed with extracts ranging from Black
stone and various state court decisions
up TO the United States Supreme Court.
He said that an impeachment OF
Governor was equivalent 10 a grand
Jury indictment. He contended that as
q grand jury could find no valid IN
dictment unless all the legal forms
were duly complied with, and could
not meet informally. the Assembly ike
wise must stick TO the limitations OF
the constitution, which would prevent
il from adopting any Impeachment
resolution after the adjournment OF
regular session unless such action were
recommended by the Governor.
He ridiculed the idea Of its having
power within itself to assemble or TO
be called together by the Speaker or
any member for the purpose OF adopt
ing Impeachment articles, as Attorney
General Carmody argued IT had. The
Governors lawyer said no directors OF
corporation, or trustees Of religious
corporation, or members OF political
boards could so act under various
quoted decisions. Therefore, the AS
sembly, part OF the Legislature, could
have no such powers.