Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-23
|SULZER GIVES Up
|. OFFICIAL POSITION
| PENDING HIS TRIAL
Announcement Is Made by
Governors Lawyer at
Courts Session.
PROSECUTION EXCORIATES
EXECUTIVE AS "CRIMINAL' -
Asks How Would Appeals
Judges Feel to Shake
Hands With Him.

ALBANY. N. Y. Sept. 2S.-D. Cady
4 Herrick. counsel for Governor Sulzer,
s announced at the outset of today's
session of the High Court of I'm
peachment that the governor would
e cease henceforth to exercise the func-
tions of the executive office until the
s termination of his trial.
Defeated yesterday by a vote of fif-
ty-one to one on their motion for
dismissal of the impeachment on the
4 ground of it's unconstitutionality, the
s. governors counsel today offered, a
motion to strike out the three articles
& of the Impeachment, charging him
with fling false statement of cam
Npaign contributions and with the use
s of the funds for speculation in Wall
<Street.
"A OfTenses Not Innpea achable, He Says.
g The motion was prepared by d.
Cady Herrick, who argued that the
alleged offenses were not impeachable
on the ground that they were COM
mitted before the governor was sworn
into office.
& Former Senator Edgar Z. Bracket
was appointed to reply in behalf of
the assembly managers. His brief,
(which was made public yesterday,
@held in substance, that the acts OF a
candidate for political office during a
campaign and after he has become
IAN officer elect are so intimately con-
&pected with the actual holding of the
4office as to be inseparable.
The decision of the court on this
%uuestion, whether affirmative or
znegative, should clear the decks for
4 beginning the actual trial of the case
Tomorrow, unless something unfore-
seen arises.
Ii He Faces Five More Charges.
If in the affirmative, there will still
he five articles of impeachment which
zSulzer will have to answer. Convic-
<tion on any one article might result
lin removal.
a Eugene Lamb Richards, of counsel
for the managers, will make the open
ling address, outlining the evidence
Ito be presented. The taking of testi-
mony will follow Immediately.
One of the leading Sulzer lawyers,
#Jndge Irving G. Vann, of Syracuse
zwas forced to return home today ON
account of illness. His brief in sup
bort of the contention that the AS
fembly was without authority to i'm
beach for offenses which occurred be-
fore the governor assumed office was
read by one of the other lawyers.
Judge Herrick announced that in
dew of the fact that the court had
<efused to dismiss the proceedings,
<he governor would renounce his
laim to the right to exercise the
Emotions of governor pending the
|ermnation of the trial.
Hasbrouck Decisions Eject.
''When these articles of innpeach-
naent were first presented" said
RJndge Herrick "the governor was
&dyised that there was doubt about
a -
for that reason he declined to step
|zdown from fnis office. Ever since the
accent decision of Supreme Court Jus
Lice Hasbrouck. ruling that he had
Enot the right to pardon a prisoner, he
has ceased to exercise any of the
Emotions of his office. Governor Sui
<er will perform no functions of gov
trnor in the future pending the ter
mination of his trial"
81 Brackett then drew picture of the
Epossibility of a criminal being retain
led in the high office of governor de-
&spite the fact that he committed
Ecrime a few moments before assum-
ling the duties of his position.
s'When the members of this high
court of last resort sitting in, and a
part of, this august tribunal, he
said, come to the courtesies of the
next holiday season, must they feel
perjurer and a thief. because the ad-
mitted perjury and larceny were COM
Emitted fifteen minutes before IL
p'clocl noon of January l, 1913, and,
therefore, he cannot be impeached
4foi their commission, whereas If COM
mitted fifteen minutes after noon, he
n1ight be.
throughout the morning session.
After a long address in support of
his motion for the dismissal of three
articles of Impeachment, dealing with
sulzer's statement of campaign ex-
s. soenses and alleged speculatfonS in
wall street he summed up his argu-
naent as follows:
Ell "No Offense Under Our Laws"
1.-THE failure of the Governor to file
complete and accurate statement
~ campaign contributions did not
institute any offenSe recognizable
~ our laws.
f..The election law does not require
statement of contributions made
~ a candidate.
..The failure Of a candidate to file
10 statement required by this act
NOT an offense, but subjects him to
Deremptory demand by court to
rerform this duty.
William Sulzer never received such
III demand. -
{. sThe statute recognizes candi-
6fte's right to be given notice OF err
rors in his statement, and his rlght
+. 10 an opportunity to correct them.
Hhe State cannot call him TO ac-
5ount until it first has accorded MIN
hose rights.
.sNot Required to File statement
'.The penal code does not REQUIRE a
candidate to file statement OF con-
tributions made to him, and tnere
are no other statutes on TINS SUD
ject :.
'Incorrect statements of facts, IN
4erted in an affidavit but not ma
terial thereto, do not constitute per-
Jury.
f"Perury cannot be based on an
oath which was neither required nor
authorized by law.
"As the election law does not re-
o,,ire. the statement to be verified,
and as neither the election law nor
/ lie penal code require the candidate
80 insert contributions made to him
81 lContinued on Page 2. Column g.