The daily banner. (Cambridge, Md.) 1897-2008, 1913-09-20
SULzER LOSES
FIRST TEST VOTE
Impeachment Court Seats -Four
Challenged Senators.
QUESTION VALIDITY OF TRIAL

QUEOIlUN vHLIuiII VI t'i'nL
Lawyers For Defense Bitterly Assail
Proceedings, Claiming "court Is
Without Jurisdiction and Charges
Are Void"
Albany, N. Y, Sept. Ex-Governor
Suffers foes won the first real Skin
mish in the legal battle before the
high court of impeachment when the
efforts of counsel for the impeached
executive to have Senators Wagner,
Frawley, Transporter and Sanner ex-
cluded from seats in the court met
with defeat.
Following this, the court plunged
into the arguments by counsel on the
question whether the assembly had the
power to impeach the governor at it's
extraordinary session and whether the
court itself is so legally constituted
as to have the right to try him. The
court adjourned until Monday while
the arguments were in progress.
D. Cady Herrick, chief of Suffers
counsel, appealed for the exclusion OF
Frawley, Transporter and Sanner on
the grounds that they were members
of the committee that indicted Sulzer
and therefore were biased in their
views. The contention against Wagner
was that he was in line to become the
lieutenant governor of the state should
Sulxer be removed, and therefore that
he might render decision of guilty to
further his own interests.
Chief Judge Cullen, president of the
high court, after hearing the argu'
ments for and against the debarment
of the four senators, gave it as his
opinion that the senators should be
permitted to sit, but said that he would
put the question to vote of the entire
court The court, by unanimous vote,
refused to consider the challenges.
In addressing the court Judge Cul-
len said that no court had the right to
sit in judgment on any one of its
members. In this, he said, a court diff
fered greatly from jury, the qualifi,
cations of members of which might be
decided by the courts.
The vote came after a legal argu-
ment between Judges Herrick and
Parker, representing the defense and
the prosecution, respectively.
Judge Herrick's chief argument was
that no man might sit both as prose.
cutor and judge. In reply, Judge Par.
ker said the members of the court
were here as representatives OF the
whole people, that the people estab'
1ished the court of impeachment in
the beginning, and that none other
than the people had right to remove
the representatives.
After the vote had been taken
Judge Cullen directed Clerk McCabe
to read the articles of impeachment
The motion by Senator Pollock, OF
New York, that the reading be dis
pensed with, was lost, and the clerk
began slowly to read the lengthy ar
ticles.
ssWhat answer does the respondent
interpose to the articles of impeach
ment filed by the assembly," queried
Judge Cullen when Clerk McCabe had
finished his reading.
Judge Herrick thereupon stated that
pursuant to notice objection would be
made to the validity of the impeach
ment, and Louis Marshall, of the gov
errors counsel, would argue that
point.
Mr.. Marshall, reading from a pre-
pared brief, first asked that the entire
proceedings be dismissed upon the
ground that the court is without
jurisdiction and the charges are null
and void and of no effect"
The principal attack was directed
against the constitutionality of the &C
ton of the assembly in adopting the
Impeachment articles during an extra
ordinary session, when the subject
matter had not been recommended by
the governor.
Governor Sulzer did not recon
mend the subject of his impeach
ment," said Mr. Marshall, nor did hi
in any way suggest the consideration
of any charges against himself.
When Mr. Marshall concluded Judge
Cullen asked if counsel for the man
ayers contemplated taking issue witt
any of the facts, as distinguished from
the points of law, raised by the gov
ernor's counsel. Judge Parker asked
for a five minute recess while he ant
his colleagues considered the matter.
When the court reconvened JohI
B. Stanchfield, attorney for the board
of managers, opened the proceeding:
by making answer briefly to the allie
cations of the governor that the i'm
parchment proceedings were irregu
lar
Subsequently Mr. Marshall began s
long argument of the contention O.
Governor Suffers counsel that the as
sembly was not constitutionally con
vened when the impeachment article:
we're adopted, and that therefore ths
impeachment was invalid. He was still
speaking when the court adjourned.