Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-09-25
SULZER FAILS To
APPEAR IN PERSON
Impeachment Court Organizes
after Sweeping Aside OBJ
jectiOns of Counsel.
MEMBERS TAKE SOLEMN OATH
Challenges from Governors At
tOrneys Begin When Fraw-
ley Is SwOrn-Others
to Follow.
MEMBERS TAKE SOLEMN OATH

Albany. - Y, Sept is William
Suiaer, Governor of New York. charged
by the Assembly with high crimes and
mis- 1cmeanors. failed to appear in per
son to-day before the high court of
Impeachment when 1t convened to be
gin the trial which will determine his
guilt or innocence. Instead, his at
torneys entered special appear
ance" in the Govern -r's behalf. and
challenged the organization of the
court and its jurisdiction over the ac-
cused.
The objections of counsel were swept
aside temporarily by Chief Judge Ell
gar NJ Cullen of the court of appeals,
presiding and the impeachment tri-
bunal proceeded to organize the
Judges of the court of appeals and
members of the Senate taking a SOL
emn oath TO truly and impartially
hear. try and determine the impeach-
ment of the Assembly OF the state of
New York against William Sulzer."
The court convened at noon and adj
journed an hour later until tomorrow, to
permit a committee of three to prepare
and report rules of procedure. No OBJ
lection was intcrposed to a ruling of
Judges of the court of appeals, Judges
Miller, Chase and Hiscock. ne permitted
to sit with the elective judges as mem
bers Of the high court.
The first challenge came when Senator
James J. FraWleY was called upon tC
take the oath Senator Frawley is chair
man Of the Legislative committee which
furnished the evidence upon which the
I,I,
charges against the executive
Admitting the right to challenge, Judge
Cullen ruled that the members of the
court must be sworn before any pro
ceedings We're taken and senator Fraw-
ley took the oath. Judge Hervck an.
nounccd that Senators Transporter and
Sanner, members of the FrawleY com
mittee. and Majority Leader Wagner
would he challenged ut the proper time.
Senator Wagner Senator Elon R
Brown. the republican leader, and Judge
Willard Bartlett of the court of appeals
the committee appointed to draft the
rules of procedure had practically com.
pleted their work tonight. Apart from
the adoption of these rules, interest II
to-morrows proceedings was focused
on the expected legal battle over tn,
right of the challenged senators to sill
as members Of the court. Tho defense
contends that the members of the Fraw-
ley committee, having uncovered the evil
dcnCc against the Governor. should not
he permitted to assume the dual role
of prosecutor and Judge. Although Sona-
tor Brown Is member Of the committee
no objection was urged against him as
he did not participate in the committed :
activities.
The Governors attorneys refused To
explain why they proposed to challenge
Senator Wagner and the opposing counsel
said they were in the dark concerning it
The senator himself suggested that II
might he claimed that he had assumed
prerogatives of the Lieutenant governor
since the impeachment of Governor Sui
Zor The constitution plainly states that
the ACKNOWLEDGEMENTS shah not sit as 3
member Of the court of Impeachment, but
Senator Wagner asserted tonight that ne
had laid no claim to the office ana mad moi
attempted to discharge any of its func
tons except as presiding officer of the
Senate, a duty which he performed. re
said, as temporary president.
The suggestion was also made that il
the event of the conviction of the Cover
nor, Senator Wagner would become lieu
tenant-Eovernor in fact, and that there
fore it would be improper for him to sit il
judgment.