The Miller press. [volume] (Miller, S.D.) 190?-current, 1913-09-25
TESTIMONY TO Be
BEGUN WEDNESDAY
LEGAL ARGUMENTS WILL TAKE
UP ALL OF INTERVENING
TIME. Z
SULzER RECOGNIZES GLYNN
Comedies Him Governor During Trial
Counsel for the Executive Loses
in Legal Battle All Along
Line.

Albany, n. Y, Sept. Ex-Governor
William Suffers counsel lost all along
the line in the first legal skirmish in
the governors impeachment trial.
Their objections to permitting four
senators to sit as members of the
court were overruled in the first place.
- 10 Second Point Unsettled.
They next attacked the validity Of
the impeachment with a motion to
dismiss the proceedings, but failure
to complete their argument when ad-
journment was taken precluded a de-
cision in the matter.
Meanwhile, Governor Sulzer formal
ly conceded that he had NJ right to
exercise the functions of chief exec
utive pending the determination Of
impeachment. This he did in a let
ter to Lieutenant Governor Glynn,
turning over to the latter a request
for the extradition of a prisoner, and
explaining that he had taken such
action because of recent decisions Of
the supreme court that "the executive
functions should be performed by
yourself as acting governor"
Assembly Recessed Awhile.
After striving futilely to get enough
anti-Sulzer votes to insure the passage
of additional impeachment charges,
Majority Leader Levy moved that the
assembly recess until next Thursday.
The motion was adopted amid shouts
of joy and members who had been
i'm nricnpo1 In tho nhnmhnr fnr hnI1ro
dashed for trains and their homes.
In making the motion for a recess,
Mr.. Levy explained that the senate
had adjourned until the same day and
that even if the board of managers
put additional charges through the
assembly last night the assembly
could not be notified Immediately. He
made an urgent plea for a full at
tendance next Thursday.
. The fight for additional charges will
be resumed Immediately on the con-
vening of the assembly and, mean
while, the Democratic leaders will
use every means to obtain a full at
tendance.
The Chief Allegations.
IL ID SSISIdIy uuueTSIOOu JHdL the
charges have been completed. The
three chief allegations are, it is said,
that the governor usurped the power
Of his office following his impeach-
ment; made a prediction promise
to make DR.. julius Broder, state COM
missioner of health, and failed to &C.
count for the funds which he obtained
to wage his direct primary campaign.
At the Peoples house" Governor
Sulzer spent a quiet day. Late in the
afternoon he went automobile riding.
Before leaving he told attaches Of the
mansion that he would not grant any
interviews.
The session of the court of impeach-
ment was given over to legal argu-
ment and indications were that much
time would be similarly occupied, pre-
Guiding the calling of witnesses un-
til Wednesday.
Motion to Dismiss.
A motion to dismiss the impeach-
ment precipitated a contest. 1t was
made by Attorney Louis Marshall,
who spent practically the whole aft
ernoon session in reading a brief pur-
porting to show that the impeachment
was unconstitutional, based on the
fact that it was brought while the
assembly was in extraordinary ses-
sion and entitled to act solely upon
matters presented to it by he gov
ernor.