The Sentinel=record., 1913-09-19
HIGH COURT OF IMPEACHMENT ORGANIZES TO HEAR CASE
 OF GOVERNOR sULzER.
SULzER HOES NOT APPEAR
His Attorneys Attempt to Challenge All Members Of the FraWiey lnVes- tigating Committee and Other Members.

Albany, N. Y. Sept. 1S.-William SulZer. governor of New York charged by the assembly with high crimes and misdemeanors, failed tc appear in person today before tn high court of impeachment when 1t convened to begin the rial which will determine his guilt or innocence Instead, his attorneys entered a special appearance in the governors behalf and challenged the organiza tion of the court and it's jurisdiction over the accused.
 The objections of counsel were swept aside temporarily by Chief Judge Edgar M Cullen of the court of appeals, presiding, and the i'm peachment tribunal proceeded to or ganize
 The court convened at noon and adjourned an hour later until tomor. row to permit a committee of three to prepare and report rules of pro cedure No objection was interposed to a ruling of Judge Cullen that the three designated members of the court of appeals, Judges Miller, Chase and Herrick, be 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 to take .he oath. Senator Frawley is chairman of the legisla- tive committee which furnished the evidence upon which the assembly board of managers based its charges against the executive.
 Admitting the right to challenge, Judge Cullen ruled that members of The court must be sworn before any proceedings were taken, and Senator Frawley took the oath.
 Judge Herrick announced that Sen ators Ramsberger and Sann9r, mem bers of the Frawley committee, and Majority Leader Wagner would be challenged at the proper time.
 Senator Wagner. Senator Brown, the republican leader, and Judge Will lard Bartlett of the court of appeals, the committee appointed to draft the rules of procedure, had practically GOlIDiGltu llieil NOl IA AOAil7AAt %NHbA from the adoption of these rules, ill., terast in +omorrow's proceedings was focused on the expected legal battle over the right of the challenged sena- tors to sit as members of the court. The defense contends that the mem bers of the Frawley committee, hay ing uncovered the evidence against the governor, should not be permitted to assume the dual role of prosecutor and judge. Although Senator Brown is a member of the committee, no ob- iec.ion was urged against him, as he did not participate in the committee's activities.
 The governors attorneys refused to explain why they purposed to chal- lenge Senator Wagner and the oppos' ing counsel said they were In the dark concerning it.
 The senator himself suggested that it might be claimed that he had as sumed prerogatives of the lieutenant governor since the impeachment of Governor Sulzer but he added he had laid no claim to the office and had not attempted to discharge any oI it's functions.
 Counsel for the assembly board of managers contend that precedent has established the right of the chal- laneed senators to sit as memb CTS ol the court.
 The impeachment court as constl- uted today numbered 57, of whom 4S are senators and nine judges Of the conrt of appeals. A two-thirds ma iority of the court is required by the constitution to convict
 Scores of witnesses are under sup poena to testify. At least 90 Will De called to establish the case of the prosecution, the managers assert, and if is believed that as many will be called by the defense Whether Governor SulZar would he put on the stand in his own defense and whether his wife, who is reported to be aDle to explain many of the governor s questioned stock transactions Tn Wal street will be called as a witness were secrets which the governor counsel tonight refused to divulge'
 Louis A. Sarecky. secretary to MT Sulzer during the guberna-orlal cam paign. wanted as one Of the star witnesses for the prosecution, Is missing. Like Frederick l.. Colwell the governors alleged representative in Wall street transactions, SarecKy declined 70 answer questions when called as a witness before the fraw ley committee, and his arrest was ordered for alleged contempt.
 The ranks of counsel for Governor Sulzer were increased today witl the appearance of Elihu Root Jr.
 As filed with the court, the gov ernor's attorneys of record are in ad l dition to MT Root, D. Cady Her