The Mena weekly star., 1913-09-18
IMPEACHMENT IS
 DECLARED LEGAL
SulZer Loses a Round in His Fight for GoVernOrShip, and Banker He P@rdOncd Is Re-
 turned to Jail.

Kingston, \. Y Sept, ll.-Justice Hashbrouck, of the State Supreme court today decided that Governor Sulzer was regularly impeached, and, while awaiting impeachment trial. was diVestcd of the right 10 exercise his executive functions including the power to pardon.
 The question of the legality of Sulzer's Impeachment came before Justice Hashbrouch in connection with habeas corpus proceedings, brought to compel the New York City authorities to honor Governor Sulzer's pardon of Joseph c. Robin the banker convict. He decided that Robins pardon was invalid, quashed the writ and sent Robin back to prison.
 First Ruling on Impeachment.
 Attorneys representing Sulzer and Robin had argued that the im- peachment was illegal because yot- ed by the assembly at a special ses- sion. which was not called express ly to decide that question. The court refused to sustain that con- tention. The decision upheld the argument of the New York corpO- ration counsel who maintained that the assembly, when it impeached, acted in a judicial and not a legis- IaIiye capacity, and was properly in session.
 The assembly voted to impeach Governor Sulzer August 13. AL jlou-l jt was reported immediately
 hat thc governor would seek 10 oNerturn the assemblys action by recourse to the courts, Justice Hashbrouck's decision today was the first ruling made by any court on the legality of the impeachment.
 Arguments on the validity of the writ of habeas corpus were heard here Monday The questions raised Were-First, whether Governor SuI- ger was impeached; and second, whether he was diVested of his powers pending trial.
 The subject of impeachment," says Judge Hasbrouck, like the power of a legislative body 10 pun ish for contempt, has a different character from a subject requiring the action of both branches of the legislature and the governor. in or der that the laws may be enacted.
 The power conferred upon the assembly to impeach the governor is a judicial power. The power of Impeachment therefore, cannot be participated in by the governor or the Senate, and therefore does not constitute a legislative subject.'
 Thinks Law Is Unfair.
 Taking up the claim that even if properly impeached, disability does not fall upon the governor, Justice Hasbrouck denies that the conten- ton that the law still presumes the innocence of the impeached.
 There is a wide difference be- tween the state and the national constitution on the result of the Impeachment of the governor or president. The president, by inn peachment. is not suspended in, or busted of his functions. and there fore the rule of the presumption of innocence remains undisturbed. In our constitution. if our interpreta- tion of it be correct, this fundamen- tai rule in the criminal law is in valid"
 This invasion. he pointed out, is section six of article four of the state constitution, that lin cases of the impeachment of the governor or his removal from office by death, inability, etc." the powers shall de- volve upon the lieutenant governor until the disability shall cease"
 Judge Hasbrouck says:
 The presumption of innocence may still be claimed by the accused. but he is quite as effectively shorn of his power by the provision, which needs no interpretation and which is perfectly clear, as if a judgment of eviction had been passed against him, unless he is ac- quilted. For what is disability fol- lowing impeachment under this section but suspension, and what is suspension but removal provision. For delay in the prosecution to the end of the term works the same result in the main that judgment of removal would, and delays in such proceedings have been known to be long. The impeachment pro ceedings against Warren Hastings lasted thirteen years"