The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-24
TRIAL WILL co ON
Final Decision on Suffers OBJ
tectiOnS to Certain Articles
Will Not Be Given Until the
Testimony Is In.
COURT VOTES 49 TO SEVEN
Governor Enters General De-
nial to All the Charges.
Fox Resumes His Argument
Replying to Parker.

Albany, Sept 24.-At 2:1S O'Clock to-
day, Secretary of State Mitchell May
was called to the stand and sworn as
the first witness in the impeachment
trial of Governor Sulzer.
Albany. Sept 24.-Final decision on
the defense's objections to including the
money articles of impeachment in
the consideration of the Sulzer case
will not be given until all testimony has
been taken. The court voted, 40 to Z,
today to follow this procedure.
Those voting no were all Demo-
Gratis. Governor Suffers answer to
the eight articles of Impeachment filed
with the court today entered a general
denial to each and every one of them.
The crucial point in the preliminary
work of the Sulzer Impeachment trial
was reached today. Attorneys for both
sides entered the court room with the
knowledge that on the decision of the
court on the legal objections now be-
for it-that is permitting the articles
of impeachment relating to the gov
ernor's money deals to enter into the
ACKNOWLEDGEMENTS the whole future
of the prosecution.
Without these articles of impeach-
ment-the first, the second and the
SlXID-lI was F6dnZou IllaI the case OL
the prosecution would be weakened i'm
measurably. Such condition was not
calculated to cause the assembly man
ayers to abandon the prosecution, but
to prompt them to use every effort to
obtain the passage of additional
charges by the assembly to brace up
their case.
At all events the governor must go
on trial The attorneys awaited only
the starting signal. the ruling of the
court on the disputed articles.
Argument Is Resumed.
Several members Of the court were
absent when Attorney Austin G. Fox
resumed his argument in behalf of tho
Sulzer contentious He opened by at
tacking the statement of Judge Par
ker that the constitution permitted the
assembly to impeach at any time for
any cause. This attempt on the part
any cause This attempt on the
part of mana gers to remove William
SulZer for acts performed while he
was a private citizen" he said, lis a
novel doctrine, never tried before in d
court of justice, never brOached in any
constitutional convention, never sub
mitted to any English-speaking people.
''Unhappily a scant majority of the
assembly prompted by what motive we
shall not attempt to guess, are now
praying this august tribunal to do
away with the limitations with which
the wisdom of our fathers has sur
rounded the exercise of the great power
to accuse of wilful misconduct in office.
1T was to be expected that sooner
or later the popular branch of some
legislature acting in the heat of po-
litical excitement, possibly with a de-
sire to crafty the personal enmity OF
some powerful political leader might
seek to overstep the well settled linli-
tations of their lawful authority.
Heeding Popular Clamor.
1--WE cannot shut our eyes to the fact
that there is today a large number of
our fellow citizens led by distinguish
ed and popular leaders, whose very pO-
litical creed embodieS an iTnpatience of
constitutional restraint and who de-
mand the final test shall be. not a ju-
dicial Interpretation of the constitution
but the duly ascertained wish of the
majority of the moment.
IF the view of the honorable man.
ayers be correct then, indeed, all
question of constitutional limitation or
construction is beside the mark. and
this court should proceed to register
whatever decree it may be persuaded
will best please the present public de-
mand.
I'VE shall all do we'll, when urged to
disregard the principles esta blished by
law, to recall the words of one of the
greatest judges to press forward to q
great principle by breaking through
every other great principle that stands
in the way of its eSta blishment is as
little consOnant to private morality as
to public juStice''