Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-09-19
SULzER LOSES
IN FIRST
BATTLE
FIGHT TO HAVE four SENATORS ON
INVESTIGATING COMMITTEE KEPT
OFF THE IMPEACHMENT COURT IS
S1==RULES ADOPTED FOR the
TRIAL
VALIDITY Of CHARGES
IS SUFFERS DEFENSE

Albany, N Y, Sept. 19--Governo
Suffers lawyers lost their first figh
in the high court of impeachment to
day when the four senators challenged
by the defense were permitted to re
tain their seats.
The vote, which was on the question
OF whether the court should entertain
the challenge, was unanimous agains
such procedure. The four senators
directly concerned, Frawley, Wagner
Ramsperger and Sanner, did not vote
Immediately following the vote 0
the court, the reading of long articles
Of impeachment was begun.
Although presiding Judge Cullen hat
the right to decide the question o
qualifications of senators for holdins
their seats, he did not take advantage
of this prerogative. He first expressed
his opinion that the objections Were
Lot we'll grounded and then permitted
| the entire court to vote on the issue.
In addressing the court, Judge Cul
len said that no court had the right tt
sit in Judgment on any one of its mem
| bers. In this, he said court differed
greatly from jury, the qualifications
of members of which might be decid
ed by the courts.
| The vote came after a morning OF
| legal argument between Judges Her
rick and Parker, representing the de
Ifense and the prosecution, respectively
! Judge Herrick's chief argument was
I that no man might sit both as prose
cutor and judge. In reply, Judge Park
er said the members Of the court were
/ here as representatives of the whole
people, that the people established the
court of impeachment in the beginning
and that none other than the people
| had right to remove their representa-
| tives.
| After the vote Judge Cullen directed
Clerk McCabe to read the articles OF
, impeachment The motion by Senator
| Pollock of New York that the reading
be dispensed with was lost and the
clerk began slowly to read the lengthy
articles.
"What 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 stated that, pursuant
to the notice of yesterday that objec-
tion would be made to the validity of
the impeachment, Louis Marshall OF
the governors counsel would argue
that point.
Attorney Marshall, reading from a
prepared brief, first asked that the en-
tire proceedings be dismissed on the
ground that "the court is without jur
isdiction and the proceedings, are null,
void and of no effect
The principal attack was directed
against the constitutonality of the ac-
ton of the assembly adopting the i'm
peachment articles during an eXtraord-
mary session when the subject matter
had not been recommended by the gov
ernor
Governor Sulzer did not recon-
mend the subject of his impeach'
ment," said Mr.. Marshall, neither did
he in any way suggest the consldera-
ton of any charges against himself.
When Attorney Marshall concluded,
Judge Cullen asked if counsel for the
assembly contemplated taking issue
with any of the facts, as distinguish
ed from the points of law, raised by
the governors counsel.
Judge Parker asked for five min
ute. recess while he and his colleagues
considered the matter
However, Judge Cullen ordered the
usual noon recess and adjournment
was taken until 2 p. m.
At the opening of the morning ses-
sion, the report of the committee on
rules was adopted without objection.
The rules provide for daily sessions,
except Saturday, from 10 a. m. to
1890 p. M, and from to 5 p. m. On
Mondays the court will convene at 2
y Ill. anu Slt uiltll v y. III. hHu vi L IL
days the hour of final adjournment
will be $50 p. m. The hours may be
changed from time to time by the
court.
The conduct of the trial is to be
governed by the rules prevailing in the
supreme court of the state. Rule vi
reads:
"The final decision Of the court on
the articles preferred shall be taken
by the president of the court, who up.
on each of the articles as 1t shall be
read by the clerk, shall,
with it's number, propose to each
of the court, in alphabetical
order, the question: Senator, Tor
j,dge> how say you, is the respondent
guilty or not guilty. as charged in the
article of impeachment Each mem.
ber of the court when so questioned,
shall rise in his place and answer
Guilty or Not Guilty and the presi-
dent of the court shall also give his
vote on each article. either Guilty
OF Not Guilty and when the roll call
shall be completed on each charge, the