Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-19
AIDE.
RECOGNIZES
GL ! N n
Accused Governor Virtually Abdi-
Gates Office, at Least Tempo
rariIy-Loses by Ruling.

ALBANY, n. Y, Sept. 19.-Gov-
ernor William Sulzer, just as the nigh
court of Impeachment reached the
stage of discussing its most vital
question this afternoon. practically
abdicated temporarily his official
function when ms private secretary,
Chester c. Plat recognized Acting
Governor Glynn in a communication
respecting the communication Of the
sentences of prisoners.
The court this afternoon adjourned
until Monday at o'clock, with the
most important issue that mas yet
confronted it still hanging in the bal
ance.
That question is whether the AS
sembly had the power to impeaCh the
Governor at its extraordinary session
and whether the court itself is SO le-
gally constituted as to have the right
to try him.
SuIzer Loses Ruling.
This question was raised by Louis
| Marshall, counsel for the Governor, in
motion to dismiss the impeach-
ment, made after Mr.. Sulzer had lost.
! by unanimous vote. the first fight
of the trial in which he sought to
have Senators Wagner Frawley,
Transporter and Sanner unseated as
Judges who could not impartially pass
upon his case.
The Assembly. which had been try
ing vainly for two days to get enough
votes to amend the impeachment ar
ticles with the possible consequence
of delay, failed again to-day to mus
ter enough members to carry out the
plan.
There is little prospect that the
! question of the courts jurisdiction
will be settled before Monday
The conclusion Of the session OF
to day Indicated that the scheme to
add to the articles of Impeachment
would have to be abandoned,
D. Cady Herrick, chief of counsel
for Governor William Sulzer. to-day
in argument attacked the impeaCh-
ment court composed Of members of
the Senate and the judges Of the
Court OF Appeals
Judge Herrick's Attack. =
Judge Herrick said:
while this court is convened for
the purpose Of trying the Governor
of this State, the court itself l say.
I'll, -, H.. 100000 ca ,,DCy trinl II
is not sufficient that you should De
virtuous. but. like Caesars wife. you
must be above suspicion in all your
membership.
There can be no question here but
that the Senators who participated in
the investigation of the Frawley com
mittee have deliberately formed and
expressed an opinion upon the guilt
Of the respondent. or upon each and
every article OF impeachment. have
attached a copy OF the report to the
challenge interposed."
Judge HerriCk read from several
decisions TO sustain the legal priEci-
pie OF the challenge.
While the preparations were being
made for the Senate's work. the Al
bany County Peniteutiary this
morning opened its doors TO receive
James G. Garrison, New York news
paper man, one of Governor Suffers
most trusted lieutenants who was ad-
judged in contempt of the Assembly
at a session that lasted until 2:3C
this morning.
Garrison's offense was in the fact
that he made a statement that Tam
many had found It necessary to buy
enough votes to pass the Sulzer i'm
parchment articles, and then declined
to tell the judiciary committee the
names and facts connected with his
charge
Will Ask Habeas Writ.
The Governors friends prepared
early to take Garrison from Jail upon
writ Of habeas corpus. and a writ
ceiving every courtesy that a kindly
jailer might shower upon a distin-
guished political prisoner
Valentine Taylor, counsel for the
Governor. said that the executives
lawyers will ask either Judge Ches-
ter or Judge Rudd for a writ of ha-
bcas corpus to free Garrison
There was nothing unusual in the
rules for procedure of the court, and
they were adopted without a roll call
Continued on Page 2, Column 7.