Omaha daily bee., 1913-09-20

part he found himself blocked by the
sergeant-at-arm While Majority Leader
for the arrest Of Garrison. he was held
Levy. was presenting a resolution calling
a prisoner in a cloak room. When called
before the speaker, Garrison was without
counsel and he refused to answer ques-
tions put TO him.
Meantime numerous and widely varying
predictions were made as to what would
be done with Garrison. Again Levy took
the initiative and presented resolution
remanding the prisoner to the penitentiary
until the close of the session unless other
wise ordered by the assembly. The vote
was 50 to 8.
A short time later Garrison was being
rushed to the penitentiary. An attache
OF the institution today said the prisos er
was shown no special favors and the
prison authorities had no order other
than TO hold him as an ordinary prisoner.
Levy was much pleased by the turn Of
affairs in the Garrison case and he de-
clared that unless Garrison purged him
self OF contempt he would have to remain
in jail until January.
THE assembly has plenary power, to
punish for contempt" he said. rGarri-
! son also must go back to Jail pending the
courts decision on his application for a
writ He cannot be released on bail"
Garrison incurred the enmity OF. many
Of sulzer's political opponents by his
activities during the pending impeach-
ment proceedings. He was called the
governors press agent by many.
After the vote. Judge Cullen directed
Clerk Mccabe to read the articles of Inn
peschment The motion by Senator Pol
lock- of New York, that the reading be
dispensed with, was lost and the clerk
began slowly to read the lengthy ar
ticles
what answer does the respondent In
terposed to the articles of impeachment
| filed by the assembly," qUeried Judge
Cullen when Clerk McCabe had finished
his reading.
Judge Herrick stated that pursuant
to the notice of yesterday that objection
would be made to the validity of the i'm.
peachment. Louis Marshall of the gov
ernor's counsel. would argue that point
Attorney Marshall. reading from a pre-.
pared brief, first asked that the entire
proceedings be dismissed on the ground
that the court is without jurisdiction and
the charges are null. void and Of no ef.
feet"
The principal attack was directed
against the constitutionality of the ac-
tion Of the assembly in adopting the Inn
peachment articles during an extraor.
dinary session. when the subject mat
ter had not been recommended by the
governor. ~
Governor Sulzer did not recommend
the subject of his impeachment" said
Mr. Marshall, NOR did he in any way
suggect the consideration of any charges
against hlmselfr'
| When Attorney Marshall concluded,
Judge Cullen asked II counsel for athe
managers contemplated taking issue with
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 and his
colleagues considered the matter
However, Judge Cullen order the usual
noon recess and adjournment was taken
until 2 p. m.
The convening of the court this after
noon was with great ceremony. The
members of the SENATE formed In long
double lines in the outer lobby. Then the
senate sergeant-at-arms and the cryer Of
the court Of appeals appeared and escort
Ing the pudges of the court. The judges
passerd through the lines of senator's the
cryer announced the approach OF the
high court of impeachment"
Attorney John B. stanchfield, repre-
senting the board OF managers, opened
the proceedings by making answer
briefly to the allegations of the governor
that the Impeachment, proceedings were
irregular.
subsequently Attorney Marshall began
a lengthy argument In support OF the con-
tention of Governor SuIEer's counsel that
the assembly was not constitutionally
convened when the Impeachment articles
were adopted and that therefore the i'm.
peachment was invalid.
He first questioned the Jurisdiction OF
the assembly to impeach when conveyed
in extraordinary. session without tn
4 governors Recommendation. He declared
the opinion OF Attorney General Carmody
holding that the impeachment was a
judicial and not a legislative act and that
therefore hte assembly was within It's
rights in adopting the articles without
thes recommendation Of the governor was
'fallacious and unsound"
IF" he said. amy body Of the state
was given constitutional power to con-
vene a majority of its members and i'm
peach an executive revolution and
anarchy would inevitably result, ana our
country would efffectually Mexiconized."
He challenged his opponents to cite one
instance In which congress or a Iegis-
lature or component part Of either had
convened itself. or assured TO act and
usurp the functions OF government with
out convening" The state assembly and
senate, he said, were patterned after the
House OF Commons and the House of
Lords OF England.
Neither OF these luegislative bodies,''