The Legal World hastened by the criticisms of the decision in which he held that the omission of the word "the" from the clause "against the peace and dignity of the state" invali dated a criminal indictment.
The Impeachment of Governor Sulzer What will doubtless go down in history as the most noted impeachment trial in this country since the trial of Andrew Johnson, came to an end on October 17, when the High Court of Impeachment in New York voted 43 to 12 to remove Governor William Sulzer from office. Governor Sulzer was found guilty on three of the articles preferred against him. These were as follows: Article 1. — That Governor Sulzer filed with the Secretary of State a false statement of his receipts and other monetary transactions in volved in his gubernatorial campaign. Article 2. — That he committed perjury in his statement to the Secretary of State relative to receipts and expenditures. Article 4. — That he suppressed evidence by means of threats to keep witnesses from testi fying before the legislative investigating com mittee. The vote on articles 1 and 2 was guilty, 39; not guilty, 18. On article 4 the vote was guilty, 43; not guilty, 14. On five other charges he was unanimously acquitted. Of the nine judges of the Court of Appeals, Judges Cullen, Bartlett, Chase, and Werner voted not guilty on articles 1 and 2, and Judges Collin, Cuddeback, Hogan, Hiscock, and Miller voted guilty. On article 4 Judges Cullen, Hiscock and Miller voted not guilty, and Judges Bartlett, Chase, Werner, Collin, Cudde back and Hogan voted guilty. But in the final vote all the judges were recorded as for impeachment, except Presiding Judge Cullen, who was excused from voting. Contrary to expectation, the Governor
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did not take the stand in his own defense. The reason given by the newspaper correspondents was that he wished to keep his wife from being brought into the proceedings. Impeachment was decided on on August 13 by the Assembly, by a vote of 79 to 45. The beginning for the trial was set for Sept. 18, the court to consist of the entire Senate and the judges of the Court of Appeals. At the trial the Governor was represented by D-Cady Herrick, Austen G. Fox, Louis Marshall, and other prominent counsel, the prose cution being conducted by Alton B. Parker, and other counsel. A motion to quash the proceedings was made on the score of illegality. Judge Cullen, in deciding the matter, held that although the state constitution forbade the legislature in special session from passing on matters other than those named by the Governor in his call, he nevertheless felt that the clause should be given a reasonable construction. He said: So construed, these subjects all relate to what the legislature as a body can do, and not to the power vested in one branch of the legislature. The constitution gives the assembly power to impeach. It was in regular session. I use regular session in the sense that it was regularly convened, in response to a call by the Governor. Now, having the power of impeachment, it could exercise that at any time. The evidence secured from Henry Morgenthau, Allan A. Ryan, and Duncan W. Peck by cross-examination had much to do with securing the impeachment, as it related to conduct while in office, rather than before election. Mr. Mor genthau, the new Ambassador to Turkey, testified that Governor Sulzer had re quested him to treat the campaign contribution as a private affair between Sulzer and himself and to be "easy" with him in his testimony before the investigating committee. Ryan said
