New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-25
q. G. FOX ATTACKS VIEW
OF SULZER PROSECUTION


Albany. Sept. 2.-Austen G.. Fox, oil
counsel for Governor Sulzer, compieteh
his argument to-day on the motion 10
dismiss three articles OF impeachment
Attacking the proposition Of the prose
cution that the-filing Of campaign stdle-
ment was a part of Suffers officiai du'y
leading UP to his inauguration as Gov
ernor, he pointed out that II the state
ments OF the other two candidates shouId
be found 20 be false neither or them
could be impeached. because they "ou'u
not be in office. On that ground ne al
gued that the charges based on the ou''
zer campaign statement should be ruied
out as being acts OF a private citizen ana
not that of public officer
Mr.. Fox resumed his argument by at
lacking the statement OF Alton d.
Parker that the constitution permitted
the Assembly TO impeach at any time ior
any cause. He conceded that there WAS
broad power OF removal" but held
that in regard to impeachment the As
sernbly had no power TO accuse an orl-
ciaf OF acts committed before having
taken office.
This attempt on the part OF the man
ayers to remove william Sulzer for acts
performed while he was a private citi-
GEN." Mr.. Fox continued, "is novel
doctrine. never heard before in any court
OF Justice In this state, never broacneu
in any constitutional convention, never
submitted to any English speaking peo-
pie"
Mr.. Fox said he would make not a
threat. for that would be as Idle as II
would be unbecomlng. but an appeal 10
some Of the members Of this court whose
right 10 sit IL unchallenged. but whose
attitude, as l conceive 1t. is not proper
Vital Question at Stake.
"lf they who have been summoned 10
the defence Of the man whom the peo-
ple OF New York have chosen TO ne theiT
Governor" continued the attorney
"were under no greater responsibility
than that which is involved in the ques-
ton Of his personal innocence. the dues-
ton which would arise would begin and
end a, a question OF fact. and only
question OF fact. It's determination by
+ This court. tllOuBil VI AtAA A'AN
the individual would yet involve no
precedent and toucn in no way the SUI
nreme law OF the land. To such an issue
we could advance with confidence, ana
such AN issue this court could decide
with no thought except 20 do exact JUS
,Ice IN him who stands before them.
"Unhappny. however. a scant major
itv Of the Assembly. prompted by wha'
motive we do not know. and shall not
attempt 10 guess. are now praying TINS
august tribunal 10 do away WIN the
limitations with which the wisdom or our
fathers has surrounded the exercise OF
the great power 10 accuse OF "illuI n''s-
conduct in offlcc.
"It was 10 be expected that. sooner or
later the popular branch OF some Leg
,sIature. acting in the heat OF political
excitement. or in subservience 10 some
popular demand or. possibly. with de-
sire 20 crafty the personal enmity OF
some powerful political leader MIGHT
seek 10 overstep the we'll settled limlta-
tons Of their lawful authority.
Foes Of Constitution at Work.
I'VE cannot shut our eyes to the fact
that there is to-day large NUMBER OF
our fellow citizens. led by distinguished
and popular leaders. whose very polltieai
c,eed cmbodies an impotence OF constr
tutionaI restraint and who demand tha'
the final test shall be not juoicia! III
terpretation OF the constitution out the
duly ascertained wish of the majority Oh
the moment II may be that the present
a,tsnpt on the part OF the Assembly, Vi
the state OF New York IL but an expires
sion. unconscious perhaps on their part "a
this so-called spirit OF the times 10 UFush
aside all obstacles. derlde all objections
based on mere conformity to law and pro-
coed AT once TO the object which, In the
view OF the majority, the public welfare
may seem 10 demand.
Ell the view OF the honorable managers
be correct. then. indeed. all question OF
constitutional Limitation or construction
IL beside the mark. and this court should
proceed TO register whatever decree u
may be persuaded viii best please what
IL may determine is the present pubic
demand. What middle ground can be
suggested between that view and the
other view that this court, quasi-political
though IL be. has been erected by the peo-
ple OF this state as their sublime temple
OF Justice. within whose portals none may
enter but as sworn ministers OF the law
and wherein 10 voice is heard but the
voice OF tho constitution. which alike
prescr!bes the Jurisdiction Of the court
and provides the Judgment that may law
fully be pronounced. Before the altar In
this temple OF justice the court and coun-
rel stand alike.