New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-20
HARVEY ID. IIlNMAN,
OF counsel for Sulacr.

Leave was granted him. and he said
tnat later, possibly, he would call wit
nesses.
Admitted by Stanchfeld.
The points raised 10y the Governor
which were admitted by Mr.. Stanch-
field were that the Governor had been
duly elected, that he had called an
extraordinary session Of the LegIslat-
ure. that the Legislature adjourned
from July - TO August IL, and that
there was nothing in the call asking
that impeachment proceedings be IN
stituted.
Subsequently Mr.. Marshall began 4
long argument in support Of the con-
tention of Governor Suffers counsel
that the Assembly was not constitu-
tionally convened when the impeach-
ment articles were adopted, and that.
therefore. the impeachment was in
valid. Standing on the rostrum. fac
Ing the members Of the court. he read
from a bulky printed brief. Sir. Mar
shall was the first attorney TO leave
the counsel tables and address the
High Court from the platform in front
OF the presiding judges dais.
He first questioned the Jurisdiction
q the Assembly TO impeach when con
voncd in extraordinary session without
the Governors recommendation. He
said that the opinion Of Attorney Cen
eral Carmody. holding that the i'm
parchment was a judicial and not 4
| legislative act, and that therefore the
Assembly was within ITS rights In
adopting the articles without the rec
onmendation of the Governor. was
| "fallacious and unsound."
If" he said. "any body Of the state
ras given constitutional power 10 con-
vene a majority OF its members and
! impeach an executive, revolution and
| anarchy would inevitably result and
our country would be enectually Mexi-
can!zed"
Argument to Go On Monday.
He challenged his opponents TO cite
one instance in which a Congress or a
Legislature or component part OF
either had convened Itself, "or assumed
to act and usurp the functions Of gov
eminent without converting" The
State Assembly and Senate, he said,
were patterned after the House Of Com
mons and the House Of Lords OF Eng
land
Neither OF these legislative bodies"
he continued, "can be convened with
out the royal mandate Of the crown"
Mr.. Marshall was in the midst of his
argument when Judge Cullen inter-
rupted at $3.50 p. m. and announced
that he would he heard further on
Monday at y. m. when the court is
TO reconvene. All witnesses under
subpoena were ordered TO be in readi-
ness to testify at that time.
Judge Cullen announced the uGpoint-
ment Of Senators Murtaugh and Wal
tiers and Judge Hogan as a committee
TO maintain order and enforce the
proper performance Of their duties by
all officers and attendants of the
court"
I d. Cady Herrick, for the Sulzer
forces, based his challenge Of Senator
Wagner on the ground that Wagner
as president pro tenn. Of the Senate
would succeed to the job Of Lieutenant
Governor if Sulzer were ousted from
office. The opposition TO Frawley
Sanner and Transporter was based on
the contention that as members Of the
FraWley committee they had prejudged
the entire case on the identical lines
of the articles Of impeachment. This
lprejudgment, said Herrick, was mani
fest in their report with conclusions Of
the guilt Of Governor SulZer which was
later made the basis for the Assemblys
action in finding the Impeachment.
The Sulzer lawyers made no point
whatever of the fact that Senator Elon
Il. Brown. the Republican leader, was
also a member of the Frawley COM
mittee. While Brown admittedly did not
| sit with the committee i'm its investi-
cations, he was not recorded as oppos-
ing the report and conclusions.
Insinuation in His Emphasis.
President Cullen ruled first, as soon
as the court convened at 10 o'clock this
morning, that counsel should address
| themselves solely To the question
whether any challenge against mem
Der OF the Senate or the Court of APP
peals could be entertained.