Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-24

Tine.
II do not think II is wise." he said.
ito decide this case piecemeal"
Several members Of the court were
absent when attorney Fox resumed his
arguments in behalf Of the Sulzer con-
tentions. He opened by attacking the
statement Of Judge Parker that the
costitution permitted IN Impeachment
at any time at any cause.
This attempt to remove Governor
Sulzer for acts performed while he was
private citizen" he said, 'is a novel
doctrine. never broached in a constitu-
tional convention. never submitted to
any English speaking people.
''Unhappily q scant majority Of the
assembly are now praying this august
tribunal to do away with limitations
with which the wisdom OF our fathers
has surrounded the exercise Of the
great power to accuse with wilful mA-
conduct In office.
csmpiiments 90 Boss Murphy.
n 1T Nas 70 be expected that sooner
or latsr the peculiar branch Of some
legiSiaturs, act1ng "a the heat Of poll
tical excitement possibly. with de-
sire to crafty the personal enm1ty of
some political leader. might seek to
overstep the limitations OF their law
ful aueasority.
''ws can not shut our eyes to the
fact that there is q large number Of our
fellow citizens led by distinguished
snd popular leaders. who demand that
the dnal test shall be, not judicial
Interpretation Of the constitution, but
only the duly ascertained wish of the
majority Of the moment.
'1f the view Of the honorable man
ayers bs correct then. indeed. all ques-
tions Of constitutional limitation or
this court should proceed to register
will best please tho public demand"
Immediately following the roll call
the governors counsel was called on
to enter answer to the charges. In
them the governor declared that he had
filed his campaign statement in good
faith"
Eugene Lamb Richards. Of counsel
for the prosecution, then opened the
case against the impeached executive.
judge cuiisn's Ruling.
After arguing that the case ought
not to be decided "'piecemeal' Judge
Cullen said:
In court of impeachment vote
Of two-tllirds Is necessary to convict.
A decision on this question would only
require q majority vote wl11lea minor
ity. greatert.th one-third. might de-
eide the other way. How then should
the case be decided? I should have
ample time to reflect on the arguments
and to look up the authorities cited. I
should therefore ask that this question
be left open.
I'm support Of that desire. I, under
the power vested in me by the rules
81 this court, shall overrule the OBJ
lection in pro 1orzaa without any exc
nression Of opinion upon the merits OF
the case."
In aecordance with the Judges ruiz
ing Majority Leader Wagner Of the
senate moved that the final decision
be left open and that the request Of
the respondents counsel be denied
merely % q matter Of form withous
prejudico 20 the merits Of the question
being passed on at later date.
oulxsr,s Campaign for Money.
Governor Sulxer was buster getting
money than getting votes during his
campaign for election declared Eugene
Lamb Richards. Of counsel for the
prosection. III his address opening the
case against the impeached executive.
"All the fechnicalities and bubbles
raised by the respondent have been
swept away by this court" he began.
land ho must now meet this case on its
merits. High crimes and misdemean-
ors. High II the office and position Of
William SuIzer, but low and sordid the
crimes and misdemeanors which we
shall prove against him. His chief Of
tense are plain fraud. larceny and per-
jury"
After outlining the provisions Of the
election laws relating to reporting
campaign contributions. the attorney
continued:
with these provisions in force what
did William Sulzer do? He was nomi-
mated In October. 1912. and almost Inn
Ynediately hs began to solicit and OBJ
tain large sums Of money for cam
paigni purposea. He went at his cam
pasgn FOR money with system, cool Ia
liberation and cunning schemes to con-
ceal Whist ne got. = s5;.533
''F1ve days after he was nominated
hs ma1e : public announcement that
:sS.
saiiy5sss Ky IN