Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-19
SULZER LOSES IN
FIRST ENCOUNTER


| extraordinary session. when the SUD
| ieot matter had not been recommend
ed by the governor
| Governor Sulzer did not recon-
mend the subject of his impeaeh-
ment." said Mr.. Marshall. NOR did
he in any way suggest the considera-
| ton of any charges against him.
self
When Attorney Marshall concluded
Judge Cullen asked if counsel for the
managers contemplated taking issue
with any of the facts, as distin-
| guished from The points of law raised
by the governors counsel.
Judge Parker asked for five-rlin-
, ute recess while he and his col
/ leagues considered the matter.
However. Judge Cullen ordered the
usual noon recess and Adjournment
was taken until > p. m.
| Governor Suffers personal friend
and special graft investigator, James
lie. Garrison, slept last night in a cell
of the Albany county penitentiary. He
was remanded to that institution by
the sergeant-at-arm Of the State
Assembly for refusing to answer
questions put to him by the speaker
following arrest or a charge of con-
tempt.
The charge grew out of his alleged
four legislators sold their votes on
the resolution impeaching Governor
Sulzer.
Plans BY The Sulzer faction today
We're to obtain a writ OF haeeas cor
pus from the Supreme Court for the
release of Garrison. Majority Lead
er Levy said this morning however,
that such action would be impossi-
BILE as the Assembly had ''plenary
power to punish for contempt" The
Appellate Court so held in similar
case several years ago.
II the courts should hold this view
Garrison might be kept IN prison
until next January, when new
Legislature convenes. The alleged
offense Is unbailable, 1t Is said.
Climax In Impeachment Debate.
The arrest of Garrison came as a
climax to a weary evening spent by
the Assembly In an attempt to round
up the SeVenty-six votes necessary to
pass additional articles of impeach-
ment against Governor Suizer. The
body finally adjourned at 2:33 O'Clock
this morning after an impa ssioned
plea from Majority Leader Levy for
better attendance when the Assem-
bly, convened at noon today.
kilograms were rushed to anti
the city. urging them to return here
Immediately. Tammany lieutenants
were ordered not TO permit a single
man already in Albany to leave.
The assemblymen are therefore vir-
tually prisoners in the city.
Garrison's arrest was almost as
great a surprise TO many members
Of the Legislature as it was to him
Threats were made several weeks ago
to arrest him, but nothing ever was
done and he made no attempt to
evade service.
He has been around Albany con-
tinuously since the impeachment pro-
ceedings began and a few minutes
before his detention last night was
strolling about the halls of the
capitol.
Then out of curiosity to see what
the Assembly was doing he strolIed
into the chamber The doors swung
inward easily for him, but when he
attempted to depart he found himself
blocked by the sergeant alarms.
While Majority Leader Levy was pre-
senting resolution calling for the
arrest of Garrison he was held a pris
oner in a cloak room.
When called before the speaker
Garrison was without counsel and
he refused to answer questions put to
him.
Meantime numerous and widely
varying predictions were made as to
what would be done with Garrison.
Again Levy took the initiative and
presented resolution remanding the
prisoner to the penitentiary until the
close of the session unless otherwise
ordered by the Assembly The vote
for the resolution was SO to p
A short time later Garrison vas
being rushed to the penitentiary An
attache of the institution today said
that the prisoner was shown no
special faVors and that the prison au-
thorities had no orders other than to
hold him az an ordinary prisoner
Levy was obviously pleased by the
turn of affairs in the Garrison case
and he declared that unless Garrison
purged himself of contempt h., would
have to remain in Jail until January.
The Assembly has plenary power
TO punish for contempt" he said
Garrison also must go back to jail
pending the courts decision on his
application for a writ. He cannot be
released on bail"
Garrison incurred the enmity Of
many of Suffers political opponents
by his activities during the pending
impeachment proceedings. He was
called the Governor press agent by
many.