Show SULZER CASE CASI MUST GO TO TRIAl With One Dissenting Vote High Court of Impeachment Overrules Overrules Over Over- rules Motion Made to Dismiss Dismiss Dis Dis- Dis miss the Court Proceedings NOW WILL ATTACK CHARGES THEMSELVES Counsel for Governor Will Attempt Attempt At At- tempt Today to Show Certain tam tain of Offenses Charged Are Not Impeachable A N N. Y Yo Sent 22 n. Bv a n M vote Yot or of 51 Gi t to tl l 1 tho high court our i of impeachment tonight overruled l the motion of Governor Sulzer's counsel to dismiss tho the proceedings on oIl the ground that he was unconstitutionally unconstitutionally impeached by the assembly assembly assembly assem assem- bly because that body was in c. c extra ra session when whon tho the impeachment was brought Senator Gottfried II ir of I Buffalo Democrat an ardent supporter supporter sup sup- porter r of tho the governor cast the solitary solitary solitary soli soli- r tary nay while seven se members of the i court were vere absent I The governors governor's defeat was was the second second sec see ond that has marked mark the battle waged by his attorneys to as far as pos possible the impeachment proceedings Last week weel the court thwarted their at attempt attempt attempt at- at tempt to prevent four fOUl senators from sitting Bitting as members member Their remaining alTU ammunition consists of ot ar arguments to prove pro that certain of or the offenses charged against tho the governor are not Impeachable These ar arguments will be heard tomorrow Vote Yote Taken in Secret Session Sealon Tonight's vote ote was taken In n secret session r an afternoon n to O speeches si b by tho the opposing opp attorneys Whoa the time Ume came for tho the court to give Sivo its decision Presiding Judge Cullen Cul- Cul len leu announced that he did not feel reel In Inclined Inclined In- In dined to use the power grant granted d him under the rules to be th the first to express express ex ox- I press an opinion My 1 brethren he said ld you will I readily appreciate that the thc point which has been discussed goes to the vel very foundation of this pro proceeding If It de decided de- de II In one wa way the thc proceeding must necessarily stop You have the power to cl clear cloar ar the court for private consultatiOn consultation consul consul- I tation under tinder the rules This was done on Oil motion o of Judge Collin but the vote was later announced an nn- I In a brief public session and I the record of or the proceedings was Immediately Im Im- irn- irn mediately made public It showed that thata I a u tentative roll call on the motion was taken Immediately and that the pre presiding ld- ld lug Ins judge delivered a n. lon long opinion on I the tho points at Issue when his hh name was I called thirteenth on the tho list Opinion Delivered hj hr Jud Judge Ju Judge g-e g Cullens Cullen's opinion In substance was that tho the provision Iro of tho the tulon which limited the acts of ot the tho legislature In extra session to o such u subjects as ag wore WoVe recommended l to it D DY D- the governor bO should be given a reasonable reasonable reasonable reason reason- able construction construction- It upheld tho the contention contention contention con con- of the prosecution that the tho provision provision provision pro pro- vision referred to the le legislature as a whole and not flot to tho assembly as an Independent ent bod body So o construed Judge Jude Cullen said these subjects all relate to what the tho legislature legislatures as s a body can do and not notto notto notto to tho the power vested In one branch of or orthe the legislature Thc The legislative roll call brought from Senator Yen Vendo o tho the only ne negative athe vote oto The call was followed by a viva oce vote and then with a n. final Unal roll call with tho the same result result- explained his vote ote In a 11 brief brio argument In which ho held that when the tho assembly ad adjourned adjourned nd- nd journe sino sine die some soma weeks before re reconvenIng reconvening reconvening re- re convening to bring the Impeachment articles they the foreclosed their rl right ht to toa ot of- Impeachment a act t upon an any question Continued on Pa Page Pago e 2 Column 2 GOVERNOR SULZER MUST GO TO TRIAL Continued from Page Fag 1 when hen called caned together in extraordinary sess session I 0 ri Argument Arg nt for Dimi al When hen the court convened toda today Attorney Attorney At At- torney Louis J. J Marshall continued the tho argument which he ho did ld not finish when tho court adjourned on Friday In which he lie held that the tho governor o was unconstitutionally Impeached With Ith all solemnity ho lie said wo we express confidence that this tribunal will not bo be swa swayed ed from tram a proper and due duo regard of ot the mandate of ot tho constitution constitution constitution con con- by the unworthy suggestion that to do so Is to permit a technicality technical technical- ity to triumph To dismiss the articles of ot Impeachment which have been presented presented pre pro seated to this tribunal for ifor lack of jurisdiction would not bo be a triumph of ot technicality It would be a victory of or orthe the constitution and arid tho the law It would I be a vindication Indication of or that sacred I ment to which we all owe teall fealty I Mr Ir Marshall quoted precedents in support of or his contention that the as assembly assembly as as- in extra session was entitled to consider only subjects called caned to its attention b by the governor Answering tho the argument that the assembly assembly as as- exercised not a legislative but judicial function Mr Marshall held that an Impeachment was equivalent to toan toan toan an indictment and that the exorcised exercised no other function than that of ot a grand jur Jury Judge Alton B B. Parker on behalf or orthe orthe orthe the assembly board of ot managers re replying ro- ro plying to the contentions ot or Attorney l Marshall hall argued that tho the assembly and not the legislature was the impeaching bod body that its act was a judicial and not a n legislative function and that the governor s has nothing to do with with-i the subject of ot Impeachment |