New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-19
Wagner and Three Senators
Who Signed Impeachment
Charges Objected To by
Governors Counsel.
DESIGNATED JUDGES TO SIT
Court Organizes with Solemn
Formally and Adjourns Until
To-day to Prepare Rules
Which Shall Govern
Proceedings.

From staff Correspondent OF The tribune J
Albany. Sept 1S.-With impressive
) solemnity and dignitq the first court
of Impeachment to try a Governor ever
assembled in this state met this morn
ling and organized. William Sulzer was
not there to answer when the crler' III
obedience to Chief Judge Cullens di-
rection to call William Sulzer, Gov
ernor Of the state Of New York. twice
called William Sulzer!"
The touch of the dramatic, the per-
sonal element which the Governor
presence TO answer the charges OF per-
iurv. theft and corrupt misuse of OFF,
cial power would have furnished was
utterly lacking in the hours proceed
Iings. They were dignifed, as beftted
so great an occasion, but they were
distinctly not thrilling. They falled
even 10 hold the interest OF COM
paratively small audience. Neverthe-
less the details were important In that
they produced two points when VIII
have direct bearing on all future pro-
ceedings and on the result Of the trial
The first was that the designated
Judges OF the Court of Appeals HIS
cock. Chase and Miller. should SIT as
members of the Court of Impeachment.
This will make the membership of that
, court 80. Since two-thirds majority
. will be necessary TO Gust Sulzer from
office. a vote of 40 must be registered
against him, under this arrangement
instead Of 3S. the vote necessary II
the three designated judges were not
members of the court
Four Senators Challenged.
The second point was what amounted
10 a refusal of Governor Suffers law
yers to make general appearance IN
the case. They did make and request
10 be noted, a special appearance for
the purpose Of challenging the right Of
: Senators Frawley, Transporter ana
Sanner and Senator Wagner. tempo
rary president, to sit as judges IN the
court. This challenge, ID. Cady Her
rick explained afterward, was based
on the fact that Frawley, Transporter
and Sanner signed the report or the
Frawley committee. which took the
testimony on which the Sulzer I'M
i peachment was based. That report. at
> the least, showed considerable bias
= against the Governor. Senator Wagner,
Mr.. Herrick explained, was challenged
because he would become Lieutenant
Governor If Governor SulZer were
ousted, and thus would be in a position
to profit by the result of his own vote.
Mr.. Herrick added that this challenge
should not be considered as questioning
the Senator's personal integrity
IT'S contrary to law and contrary 10
precedents that any prejudiced or In
terested persons should sit as jurors
, or Judges" said ex-senator Harvey
r Human, of the Sulzer counsel.
There is no reason why these Sem
, ators should not sit. and we believe
, that under their oaths of office they
should sit" said ex-senator Bracket
Of counsel for the board Of impeach-
ment managers. Il am certain there
are no precedents on the other side"
Challenged Senators Sworn.
Argument on this challenge will be
heard by the Court of Impeachment to-
morrow after the adoption Of rules for
the procedure Of the court. Pending
that, these Senators took the oath of
office as judges under a ruling by Chief
Judge Cullen, presiding over the court,
that unless this were done each mem
Der of the court might be challenged
and the court thus lack quorum.
1t lacked just five minutes Of noon
when Senator Wagner, acting Lieuten-
ant Governor, assembled the rostrum of
> the Senate chamber and brought his
gavel down with a smash. Most OF the
Senators were in the chamber. but few
were in their seats.
"The Senator's will take their seats.
so 1t may be ascertained whether a
quorum is present" ordered Wagner.
A rollcall showed forty-eight present.
the absentee being Senator Jack
Fitzgerald, now recovering from severe
illness at his home l.. New York.
Two minutes later resolution for
committee OF two to tell the Court
of Appeals the Senate vas in session
= to try the impeachment had been
adopted and Senators Murtaugh and
= Sage were on their way TO notify the
4 honorable judges. Meantime the Sen
? ators relaxed a trifie and craned their
necks to look at the big array Of coun-
= sci for the prosecution and Governor
sulzer. the respondents lawyers being
the possessors OF names well known,
but men personally not known even by
sight to half the members Of the Sen
ate. Their curiosity satisfied, they
looked over the galleries.
Judges Take Their Places.
There was poor attendance of the
public at this great historic event.
That did not imply lack of public in
terest or curiosity. however. The gal
leries were sparsely filed because com
paratively few persons tried to obtain
entrance, fearing too much difficulty.
although outside the Capitol were
crowds of curious waiting on the
chance of seeing Governor SulZer and