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Show ROBIN PiDOl 10E Bf SULZER MUD New York Supreme Court Justice Declares Impeachment Impeach-ment Is Regular. FIRST RULING IN CASE Two Questions Raised by Counsel Decided Against the Governor. KINGSTON, N. T., Sept. 11. Justice Jus-tice Jfnsbrouck of tho sii)reino court of the state today decided that Governor Sulzer "was regularly impeached and, while awaiting impeachment trial, was divestod of the right to exercise his executive- functions, includiug the powor to pardon. The question of the legality of Sul-zor's Sul-zor's Impenohment camo before Justico Hasbrouck in connection with habeas corpus proceedings brought to compel tne xscw yorK vjity autnoriLicB 10 nonor Governor Sulzor V pardon of Joseph G. Robin, tho banker convict. He decided de-cided that. Robin's pardon was invalid, quashed the writ and sont Robin back to prison nt Blackwcll'fl Island. Acted in Judicial Capacity. Attorneys representing Sulzor and Robin had argued that the impeachment was illegal because voted by the assembly as-sembly at a special session which was not called expressl' to decide that question. ques-tion. The court refused to sustain this contention. The decision upheld tho argument of the New York corporation counsel, who maintained that the as-sombly as-sombly when it impeached, acted in a .indicia and not a legislative capacity and was properly in session. Tho assembly voted to impeach Governor Gov-ernor Sulzer early on the morning of August 13. Although it was reported immediately that the governor would seek to overturn the assembly's action by recourse to the courts, Justico Hasbrouck Has-brouck 's decision today was tho first ruling made by any court on tho legality le-gality of the impeachment. Questions Raised. Arguments on tho vnlidity of the writ of habeas corpus woro heard hore Monday. The questions raised were, first, whether Governor Sulzor was im- Seached, and second, whether he was ivested of his powers pending trial. "The subject of impeachment," sa's Judgo Hasbrouck, "like tho power of a legislative body to punish for contempt con-tempt has a different character from a subiect requiring tho action of both branches of the legislature and the governor in order that laws may be enacted. "The power conferrod on the ns-sonibl' ns-sonibl' to impeach the governor is a judicial power. The power of impeachment, im-peachment, therefore, cannot be participated par-ticipated in by the governor or senate, sen-ate, and therefore does not. constitute a legislative subject." Constitutions Differ. Taking up the claim that even if proporly impeached disability doc not i'all upon the governor, Justico Hasbrouck Has-brouck discusses the contention that, the law still presumes the innocence of the impeached. ''There is a wide difference between the state and the national constitutions on the result of tho impeachment of the goveruor or president. Tho president presi-dent bv impeachment is not suspended in or ousted of his functions, and therefore there-fore the rule of the presumption of innocence in-nocence remains disturbed. Under our constitution, if our interpretation of it be correct, this fundamental rule in the criminal law is invaded." This invasion, he points out. in section sec-tion six of article four of tho state constitution, con-stitution, that "in cases of tho impeachment im-peachment of the governor or his removal re-moval from office bv death, inability," etc., the powers shall devolve upon the lieutenant governor "until the disability disabil-ity shall cease." Presumption of Innocence. Judge Hasbrouck says: "The presumption of innocence still may be claimed by tho accused, but ho is quite as effectively shorn of his power by this provision, which noods no interpretation and which is perfectly clear as if a judgment of eviction had been passed upon him, unless bo is acquitted. For what disability following follow-ing impeachment undor this section but suspension, and what is suspension but removal from office. It seems an unjustifiable un-justifiable and unreasonable provision. For delay in tho prosecution to tho end of the term works I ho same result in the main thai judgment of removal would, and delays in such proceedings have been known to be long. Tho impeachment, im-peachment, proceeding against Warren Ilastiugs lasted thirteen years. "TTowover full of or wanting in reason, rea-son, the province of the court is only to say what the law is." |
