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IIEARST’S SUNDAY AMERICAN, ATLANTA, GA, SUNDAY, SEPTEMBER 14, 1913.
3 A
SULZER AND TAMMANY ARRAYED FOR BATTLE
GOVERNORS WHO HAVE BEEN IMPEACHED AND ACCUSED EXECUTIVE OF EMPIRE STATE WHO NOW FACES CHARGES BROUGHT BY TAMMANY OF HIGH CRIME AND MISDEMEANORS
STM SET
Accused N, Y. Executive Appears
Confident of Exoneration on Eve
of Facing High Tribunal.
ALBANY, Sept. 13— For the first
time in the history of New York
State a chief executive will go to trial
for "high crimes and misdemeanors”
when Governor William Sulzer faces,
on Thursday next, a majority of the
Senate and a majority of the Court
of Appeals sitting as a high court of
impeaohme, .
Special counsel for the State of
New York to prosecute the impeach
ment will summon Sulzer to the bar.
Aaron J. l>vy, majority leader of
the Assembly and chairman of the
Assembly Board of Managers, will
have direct charge of the prosecution,
for it was the Assembly that im
peached Sulzer, as prescribed by the
Constitution. Sulzer. who still main
tains his right to the Governorship,
will he defended by a brilliant array
of counsel.
With Sulzer on trial the battle be
tween New York’s "People’s Govern
or," and Tammany Hall, the political
organization that made him and is
now setting out to break him, will
near its end. It is a political quarrel
that will go down in history.
It will be a dramatic moment when
Sulzer steps before the court of im
peachment, with Chief Justice Cullen,
of the Court of Appeals, presiding.
There have been many rumors of
what Sulzer's defense will be, but no
definite statement of what course it
will take could be obtained from anv
of his counsel to-day.
Sulzer Appears Confident.
On the eve of his trial Sulzer ap
pears confident. So, for that matter,
do his enemies. They say that the
court of impeachment will not be af
fected in any way by the feeling of
popular sympathy for Sulzer. It wl’.l
be a cold, calm proposition of wheth
er Sulzer was or was not guilty of
malfeasance in office—a question of
whether.charged by the Assem
bly, he (fid or did not speculate in
Wall street with campaign funds and
of whether he did or did not fail 13
give a true and correct list of his cam •
paign contributions in his sworn
statement of campaign receipts and
expenditures.
It is possible that a dramatic, per
haps pathetic, touch will be given the
proceedings by the introduction of the
name of Mrs. Sulzer. It Is said to be
lik» !y that Mrs. Sulzer will stand bv
the staEement credited to her in which
she is alleged to have said that^ i*
was ghe who speculated in Wa.l
•treet with campaign funds, without
the Governor’s knowledge. Tf this
to be the Sulzer line of defense, Mrs.
Sulzer will be forced to make very
humiliating admissions upon the wit
ness stand, an ordeal that would b°
eerv trying to her and a proceeding
tvhi'-L even Sulzer’* worst enemies
v011 Id prefer to avoid.
lb-fore the Court of Impeachment
can commence to hear the charges
drawn by the Assembly, there must
at least four of the judges of the
Court of Appeals nre.-»ent and at least
t>G members of the Senate.
Justices Who Try Case.
Edgar \T. Culjen is Chief Jus Vo
of the Court of Appeals. xSPoda Vd
with him ire Justices Job .1 Clint *
Gray. William E. Werner Willai
Rarfiett. Frederick Collins William FI
Cuddeback and John W. Hogan. There
are three other associate justices, not
<*lrcted. «9 were all of the foregoing,
hut designated by Governor* at differ
ent times because of the press of liti
gation before the court. Emory A.
npo«e was designated on associate
justice in 19<T6 Frank H. Hiscbck Is
a Iso -in associate justice, designated
b'- Governor Sulzer. Justice Nathan
Miller was designated by Sulzer him
self in January la«W
There is much difference of opin-
NOTED CASES OF IMPEACHMENT
1797—William Blount, Senator from Tennessee, im
peached by the United States Senate for treason, lie was ex
pelled from the Senate, as was Senator Lorimer, and the im
peachment proceedings dropped.
1803—Federal Judge John Pickering impeached for
drunkenness. Acquitted.
1803—.Judge Samuel Chase, impe,ached for a misde
meanor and “overbearing conduct.’’ Acquitted.
1830—Federal Judge James 11. Peek, impeached for “ar
bitrary conduct. ” Acquitted.
1862—Judge West II. Humphreys, of Tennessee, im
peached for rebellion as a result o£ the Civil War, and con
victed and removed from office.
1862—Governor. Charles Robinson, of Kansas, impeached
for improper conduct in connection with a sale of State bonds.
Acquitted.
1868—President Johnson, impeached by the United
States Senate for “high crimes and misdemeanors,” was ac
quitted by a Court of Impeachment composed of the United
States Senate, with the Chief Justice of the United States Su
preme Court presiding.
1868—Governor Harrison Reed, of Florida, impeached
for “falsehood, and lying in official matters.” Impeachment
dropped and Reed continued in office.
1870- —Governor William H. Holden, of North Carolina,
impeached for illegal imprisonment and illegally declaring
counties in a state of insurrection. Removed from office and
disqualified from again holding office in North Carolina.
1871— Governor Powell Clayton, of Arkansas, impeached
for conspiracy to remove Lieutenant Governor from his office.
Senate dismissed charges and the impeachment proceeding
was dropped.
1871— Governor David Butler, of Nebraska, impeached
for having misappropriated $16,000 of State funds. He was re
moved from office.
1872— Governor Henry C. Warmouth, of Louisiana, im
peached on charges that he offered a $50,000 bribe to Lieuten
ant Governor Pinchback. The Governor’s term came to an
end before the trial and the impeachment was dropped.
1876—Governor Adelbert Ames," of Mississippi impeached
on charges that lie defrauded the State of $32,750 in connec
tion with prison labor contracts. He resigned and the charges
were dropped.
1876—Secretary of War W. W. Belknap impeached by
United States Senate, hut he resigned before the impeachment
was voted on, and consequently was acquitted for lack of
jurisdiction.
1876—Lieutenant Governor Alexander K. Davis, of Mis
sissippi, impeached on charges of having sold a pardon to a
negro murderer while the Governor was absent from the State.
Removed from office and disqualified from again holding pub
lic office in Mississippi.
1912—-Robert W. Arehhald, United States Circuit Judge
assigned to the United States Court of Commerce. Removed
from office and disqualified from again holding public office
under the Government of the United States.
>rETw-
ion as to whether these designated
justices will be legally entitled to sit
as a part of the court. Some attor
neys as.'^ert that they could not take
part, whereas others assert that while
they have every legal right to do so,
it is probable that the justice appoint
ed by Sulzer will dec line to take part
in the proceeding.
It is, of course, ridiculous to sup
pose that the political beliefs of the
members of the Court of Appeals
would have anything to do with the
outcome of the trial, but it is\[nter-
esting, nevertheless, to note that, not
counting the designated justices, only
one judge of the august tribunal is a
Republican. If the designated jus
tices are considered, it brings the Re
publican members of the Court of Ap
peals up to four, as against six Demo
crats.
Frederick Harris, of Fingnamton,
court crier, will really get the court
under way whe nhis cry of "Hear ye,”
“Hear ye,” is heard. The Clerk of
the t’ourt of Appeals will not act as
clerk of tli*- court of impeachment.
Patrick E. McCabe, clerk of the Sen
ate, will act in the capacity of clerk
to the court.
Sulzer to File Answer.
Probably the first formal move be
fore the court will be the filing of an
answer by attorneys for Sulzer. Be
sides being a general denial of all of
the charges, this answer will probably
conclude with the prayer that the
Court of Impeachment dismi>« the
charges on tin ground that the im
peachment was found when the As
sembly was in extraordinary session.
Governor Sulzer maintains thAt being
in such extraordinary session, called
by him for the purpose of considering
certain legislation, the Assembly
could not legally take up matters
other than those for which the Chief
Executive summoned It into session.
Many technicalUiese will have to be
disposed of before the court can get
down to actual business. There will
be much argument and oratorical'flre-
works on the plea of the Sulzer de
fense for the dismissal of the im
peachment. Scores of other techni
calities are certain to arise and tt
may be some time before special
counsel can open the case for the As
sembly and the State of New York
It has not yet been decided wheth-
| er the Justices of the Court of Ap
peals will wear their black silk robes.
Also, nothing definite has ben an
nounced regarding the methods and
rules of procedure. There are no
precedents in New York State for
the trial of a Governor, and the only
guide the court will have will be the
Constitution of the State and prece
dents established in other States and
the records of Federal Impeachments.
Therefore, one of the first duties of
the Court will be the promulgation
of a set of rules to guide the con
duct of the attorneys.
Court Will Adjourn.
It has been feared that the session
of the Court of Appeals scheduled
for September 29 would interfere
with the trial, which probably wifi
last for a considerable time. It is
said now, whoever, that if the Sulzer
trial Is still in progress on Septem
ber 29. that the Court of Appeals
will go into session for a few min
utes, or Just long enough to adjourn
to a later date. Richard Barber,
Clerk of the Court of Appeals, is go
ing ahead with his work of making
up an order calendar of cases for the
Court on September 29.
Each Senator is entitled to com
pensation of $10 a day during nis
service on the Court of Impeachment
Senators get $15 a day as Legisla
tors, which would bring their Incomes
up to $25 a day during the trial had
not'they' already' drawn their sala
ries.
This scale of compensation is pro
vided by the Constitution of the
State. The Code of Criminal Pro
cedure, however, says that Senator*
are entitled to receive the same com
pensation as Asociate Justices of the
Court of Appeals while sitting in a
court of Impeachment, which is
$10,000 a year with expenses of
$3,700. It is contended by some that
the Legislature had no authority to
enact a law which clashed with the
Constitution, and probably the Sena
tors will look at it in the same w r ay
and be satisfied with their $10 a day.
The Assembly' board of managers,
w r hich will have charge of the As
sembly’s end of the case, is composed
of Anton J. Levy’, of New York,
chairman; Patrick J. McMahon.
Thirty-fourth District; Abraham
Greenberg. Twenty-sixth District;
William J Gillen, Second District;
Theodore H. Ward, Fifteenth Dis
trict; J. V. Fitzgerald, Seventh Dis
trict; Tracy D. Madden, First Dis
trict; Thomas K. Smith, Third Dis
trict, and Herman F. Schnirel, of On
tario County. Smith and Schnirel
are Republicans.
CASKET AND RING ARE
STOLEN FROM A GRAVE
ALBANY, N. Y , Sept. 13 —An Inves-
tigation of the grave of Mrs. Pauline
Blum revealed her body’ reposing in thfe
rough box. The casket had been stolen,
tier wedding ring finger had been sev
ered and the ring was missing
Oil SUITE FIH
Hatched by Hens, They Will Be
Distributed to Oregon’s Game
Preserves.
PHILOMATH, OREO., Sept. 13.—
Five thousand pheasants have been
raised this season on the Oregon
Pheasant Farm of Benton County.
Manager Gene Simpson, of the farm,
states that a great number of thes»e
will soon be distributed over the
State.
Large numbers were ready for
sending out some time ago, but have
been awaiting orders from the State
Game Warden. The birds will go to
all sections of the State, but the
greater number to those parts where
the pheasant Is little known. None
will be given their liberty except on
designated preserves so their protec
tion will be guaranteed.
In addition to the Chinese pheas
ants, a number of rarer birds, such as
the Silver and Reeves pheasants and
the Rob White quail, have been raised
this year on the farm.
About 800 pheasant hens have been
laying on the farm ail the spring and
summer One hen lays from 60 to SO
eggs in a single season when confined
in a pen. But in captivity the hens
will not nest and will not hatch, so
the eggs are gathered and hatched
under common hens.
The birds are «1mo raised with the
hens, in ordinary coops, Just as chick
ens are raised, wdth the exception of
feeding, for a little pheasant must
have "live food”—bugs, worms and
insects. This if only for the first few
weeku. After that the young pheas
ants can eat grain, cracked corn,
wheat and ground oats. Houses are
not needed for the birds, old or young.
Meets Carnegie and
Morgan; Loses $100
Akron, Ohio, Man Tells of Experi
ence With ‘Millionaires’ in
Pittsburg Hotel.
PITTSBURG, Sept. 13.—Peter Al-
cox, of Akron, Ohio, told the city de
tectives to-day how’ he met A ml row
Carnegie and J. Plerpont Morgan in
a Liberty avenue hotel. He lost $100
and his gold watrh.
A stranger in Akron told of having
rich relatives in Pittsburg who had
bought him a gold mine in Califor
nia. But this man didn’t have enough
money to get. to Pittsburg and he
persuaded Alcox to pay his way.
“We went to a hotel in Liberty
avenue," said Alcox. "and there we
met a big fellow whom my friends
introduced as Andrew' Carnegie.
"Then Mr. Morgan came in and I
ivas introduced. He was a very nice
man and bought several drinks.”
Then, according to Alcox, the
friend took him to his hotel room.
Later in the night Alcox awakened
and bis roll and gold watch wefe gone
and he hasn’t seen'his friend since.
POSED ^ SINGLE;
SUED FOR DIVORCE
Husband Says School Principal
Tried to Educate Too Many
Relatives at His Expense.
KANSAS CITY, KAN’S., Sep!. 13.—
James E. Ellis has filed a petition for
ddvorce in the Wyandotte County Dic-
trict Court, in which he charges that
his wife, Emma A. Ellis, principal of
public schools of Parsons, Kans., has,
since thelf marriage in Chicago in
1901, posed as a single woman under
the name of Emma A. Sackett.
They lived in Parsons until June 16
of this year, and during the time
they were together, he says, th^y
moved In the best society. Every
where, he alleges, his wife was known
as Miss Sackett and she introduced
him as her cousin.
He charges that she threatened him
with "dire calamity” if he told theii
secret. After he married her, he says,
he learned she had been married be-,
fore, her first husband's name being
Sackett. He is dead, Ellis says.
Educates Relatives.
His wife, he charges, never gave
him the comforts of home, but In
sisted upon turning the house into a
home for poor children of Parsons.
He alleges that she spent her salary
of $100 a month and part of his salary
in keeping children and sending them
to school.
Pfilis says his wife Is at present In-
Michigan on her vacation.
Mrs. Ellis sent a niece to the Uni
versity of Michigan four years and to
a conservatory in Boston two yeara.
He says she sent a son by a former
husband to Harvard at his expense
and another to Yale.
Gave Stranger Tuition.
That item to educate is followed by
the admission of a youth to free board
at their home while he was being
schooled. When the son of a farmer
was boarded and tutored free three
months (o get him Interested In get
ting an education, although the
youth’s parents were able to pay.
Then there was another youth who
was boarded free three years to help
him get an education. And there were
two grandnieces Rent to the Univer
sity of Kansas as a part of Mrs. El
lis’ educational campaign.
And in the fall of 1911 Mrs. Ellis
demanded and received $100 from El
lis. the petition Hays, to send a strange
young man to the University of Mich
igan to study law.
SAYS MOUSE WAS IN STEW.
NEW YORK, ept. 13.—In a suit
for $10,000 damages filed in the Su
preme Court, reciting that he suffered
great mental and physical anguish,
Jerome Smith alleges he found a
mouse In a plate of beef stew served
him at a Childs’ restaurant, July 9.
Wife Beater Cured by
Whipping Post Scare
Judge Sabath Frightens Prisoner
Into Promise To Be Good
in the Future.
CHICAGO; Sept. 13 —The threat of
a whipping post for wife beaters by
Municipal Judge Sabath in the Hyde
Park Court yesterday was enough to
make John P’lrber, No. 11^1 South
Park avenue, plead for mercy.
"[ think I will let the policeman who
arrested you take you downstairs to
the whipping post,” said Judge Sab
ath to him. "You know we have one
for wife beaters now.”
"Fine me, Judge," pleaded Firber
with his arms extended, "but don't do
that ”
After he had made a promise never
to hit his w ife against the court di -
charged him.
I
FRECKLES
Don't Hide Them With a Veil; Re* j
move Them With the Othlne <
Prescription.
This prescription for the removal <
of freckles was written by a prom- <
inent physician and is usually so j
successful in removing freckles and '
giving a clear, beautiful complexion
that Tt is sold by Jacobs’ Pharmacy
under an absolute guarantee to re
fund the money if it fails.
Don’t hide your freckles under a
veil; get an ounce of othlne and re
move them Even the first few ap
plications should show a wonderful
Improvement, some of the lighter
freckles vanishing entirely.
Be sure to ask the druggist for
the double strength othlne; Tt is this
that is sold on the money-back guar
antee
“If It’s at Hartnhan's, It's Correct ”
For Fall 1913
Here. a brand-new model wbicb ba»
leaped int» instant favor, especially
among tke ultra-fashionable young fel
lows. It comes in all colors, including
tbe new shades of green and mole. Drop
in and try one on to-morrow.
Brill i a n t Display
Our stock of new Fall Hats for men
and young men is brilliant, varied and
authentic. Never before have we car
ried so large and complete a showing of
smart new Derb ics and Soft "lids.”
They b ave just been unpacked and are
ready for your choosing
At $2 to $5
''FUWISHERTOMEN"^,
Six Peachtree, Opp. Peters Bldg.
— “If It s Correct, It’s at Hartman s ’’ —
u