Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-11
court Spurns Contention.

Attorneys representing Sulzer and
Robin had argued that the impeachment
was illegal because voted by the assem-
bly, at a special session, which was not
called expressly to decide that question.
The court refused to sustain this con-
tention. The decision upheld the argu-
ment of the New York corporation coun-
sci. who maintained that the assembly
when it impeached acted in a judicial
and not legislative capacity, and was
properly in session.
Sulzer early on the morning of August
13. Although it was reported Immediate
ly that the governor would seek to over
turn the assemblys action by recourse
to the courts, Justice HaSbrOuck'S deci-
sion today was the first ruling made by
any court on the legality of the i'm
parchment
Two Questions Raised.
Arguments on the validity of the writ
of habeas corpus were heard here Mon
day The questions raised were-First,
whether Gov. Sulzer was impeached and,
second, whether he was divested Of his
powers pending trial.
1.-The subject of impeachment" says
Judge Hasbrouck, like the power of a
legislative body to punish for contempt,
d
requiring the action of both branches OF
the legislature and the governor in order
that laws may be enacted.
1.-The power conferred upon the as
sembly to impeach the governor Is a
judicial power. The power of impeach-
ment, therefore, cannot be participated In
by the governor or senate, and therefore
does not constitute a legislative subject"
Question of Disability.
Taking up the claim that even II prop
erly impeached, disability does not fall
upon the governor, Justice HasbrOuck
discusses the contention that the law
still presumes the innocence Of the i'm
peached.
There is wide difference between the
state and the national constitutions on
the result of the impeachment of the
governor or President. The President by
Impeachment is not suspended in or GUST
ed of his functions, and therefore the rule
Of the presumption of innocence remains
undisturbed Under our constitution. II
our Interpretation of it be correct, this
fundamental rule in the criminal law is
invaded"
This invasion, he points out. is section
Of article of the state constitution
that "in cases of the impeachment of the
governor or his removal from office by
death, inability etc. the powers shall
devOlve upon the lieutenant governor
until the disability shall cease"
Judge Hasbrouck says: ''The presump-
ton of innocence may still be claimed by
the accused but he is quite as effectively
shorn of his power by this provision,
which needs no Interpretation and which
is perfectly clear, as If judgment of
eviction had been passed against him,
unless he is acquitted. For what is dis
ability following Impeachment under this
section but suspension, and what is sus-
pension but removal from office. 1t seems
an unjustifable and unreasonable pro-
vision For delay in the prosecution to
the end of the term works the same re-
suit in the main that judgment Of re-
moval would, and delays in such pro-
ceedings have been known to be long.
The impea chment proceeding against
Warren Hastings lasted thirteen years.
However full of or wanting in rea-
son, the province of the court is only to
say what the law is"