The Washington times., 1913-09-19
SULzER DEFEATED
IN FIRST ROUND
Challenge on Four Senators,
Charging Prejudice, Over
ruled by High Court.
Continued from First Page }

tNOHitHutu rum 90 deN-I
by the attorneys for the impeachment
board of managers. They are prepar
ing brief in reply which is lengthy,
and takes up each separate allegation in
detail and denies ii.
The following statement in the brief,
which was prepared by Senator Brack-
ett. is declared by the attorneys for the
governor TO demonstrate the malice of
the entire proceedings:
The world hates a liar, but 1t is not
for lying that the conviction of William
SulZer IS asked. He is charged with
having filed a false certificate of con-
tributions made by him. In doing so he
violated the law and committed crime;
lmpe2chable offenSes are not limited
to indictable crimes. 1t was contem-
plated in the Constitution that a Crimi-
nal holding Office should first be inl-
peached, and thereby stripped of his
official influence and power to acquit
himself by removal of the district at
. torney who prosecuted him and the
Judge who sentenced him, and finally
pardoning himself
1t was 1905 a. m. when the black
robed judges of the court of appeals,
with Chief Judge Cullen leading, ap-
the senators and spectators stood at at
tention, they filed to their seats. Many
Of the senators were late in arriving
and the empty seats doomed up large in
the gloomy room.
The rules We're adopted without debate
and then Judge Cullen announced the
court would consider the objections
raised against Senators F'rawley, RAM
sperger, Sanner and Wagner. Judge
Hcrrick was at once recognized and
then Judge Cullen held that the chal-
lenges should be considered as a whole
and not separately.
"The crux of the matter is whether
challenge may lie at ALL held Cullen.
Tells Two Grounds.
There are two grounds for our chal-
lenge," began Herrick The first is
that senators who served on the Fraw-
ley investigation committee are disquali-
fed because of utterances contained in
the report of that body. Against Sena-
tor Wagner We interpose a challenge be-
cause he will benefit by an adverse ver-
dict to Governor Sulzer by becoming
lieutenant governor.
This is the most important trial ever
held in America with the single eXcep-
ton of that of President Johnson and
1t is not enough that this court shall in
sist on the integrity of its members. but
il must be absolutely above all suspi-
cion as to the impartality of its mem-
bers.''
Herrick in conclusion declared that
rule four, adopted by the court for its
procedure, excluded the judges chal-
lenged. This rule was that the conduct
of the trial was to be governed by the
court.
Judge Parker. for the impeachment
court, took issue with Herrick.
THE people are supreme" he began.
The members of this court were elect
ed by the people, and you are without
power to disQualify a single elected
member of the court. Ever since 1877 1t
has been specific part of our States
fundamental constitutional law that no
member of the high court of impeach-
ment created by II can be disqualified"
Rules Against Challenge. +
At the conclusion of the argument,
Chief Judge Cullen said that while i
record vote would be taken, he as pre-
siding judge, would rule that the chal-
lenges could not be entertained by the
court. He held il was entirely a point
of law and that there was no law
whereby challenges of this kind could
be upheld.
Judge Cullen cited the common law
which applied to the point at issue and
declared that in his opinion, even
though member Of the court should
want to be excused from sitting, he
could not be excused legally.
Members of a court can not ex-
clse one of their brethren he said.
There are many precedents that up
hold this.
Cullens ruling, while expected, was
L distinct disappointment to the de-
tense. They had hoped he would sub
NIT the matter to a vote without ex-
pressing any opinion, and it was ad-
initted that under his ruling the court
you'd instruct him not to entertain
The challenge.
The Impeachment court unanimously
upheld the ruling of Justice Cullen, ex-
Guiding the challenges