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ITEARST’S SUNDAY AMERICAN, ATLANTA, GA„ SUNDAY, SEPTEMBER 14, 1013.
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
Accused N. Y. Executive Appears
Confident of Exoneration on Eve
of Facing High Tribunal.
ALBANY, Sept. IS.—For the first
lme in the history of New York
State a chief executive will go to trial
or “high crime® and misdemeanors”
/hen Governor William Sulzer faces,
in Thursdav next, a majority of the
Senate and a majority of the Court
if Appeals sitting as a high court of
mpeachme. .
Special counsel for the State of
'lew York to prbsecute the impeach-
nent will summon Sulzer to the bar.
Laron J. Levy, majority leader of
he Assembly and chairman of the
Lssembly Board of Managers, will
lave direct charge of the prosecution,
or it was the Assembly that lm-
leached Sulzer, as prescribed by the
lonstltutlon. Sulzer, who still main-
alns his right to the Governorship,
vlll be defended by a brilliant array
if counsel.
With Sulzer on trial the battle be-
ween New York’s "People’s Govern
in'' and Tammany Hall. the political
irganization that made him and is
low setting out to break him, will
tear its end. It is a political quarrel
hat will go down in history.
It will be a dramatic moment when
Sulzer steps before the court of lm-
leachment, with Chief Justice Cullen,
if the Court of Appeals, presiding,
rhere have been many rumors of
vhat Sulzer’s defense will be, but no
lefinite statement of what course it
vill take could be obtained from any
if his counsel to-day.
Sulzer Appears Confident.
On the eve of his trial Sulzer ap-
lears confident. So. for that matter,
Lo his enemies. They say that the
:ourt of impeachment will not be af-
ected in any way by the feeling of
lopular sympathy for Sulzer. It will
le a cold, calm proposition of wheth
er Sulzer was or was not guilty of
nalfeasance in office—a question of
vhether, as charged by the Assem-
>ly, he did or did not speculate In
Yall street with campaign funds and
if whether he did or did not fail tb
rive a true and correct list of his cam-
ialgn contributions in his sworn
rtatement of campaign receipts and
ixpendituree.
It is possible that a dramatic, per
laps pathetic, touch will be given the
iroceedings by the introduction of the
lame of Mrs. Sulzer. It is said to be
ikely that Mrs. Sulzer will stand bv
he statement credited to her in which
ihe is alleged to have said that it
vas she who speculated in Wa.l
treet with campaign funds, without
he Governor’s knowledge. If this is
o be the Sulzer line of defense. Mrs.
?ulzer -will be forced to make very
lumiliating admissions upon the wit
less stand, an ordeal that would be
’ery trying to her and a proceeding
vhich even Sulzer'"- worst enemies
vouid prefer to avoid.
Before the Court of Tmpedehfhent
■an commence to hear the charges
Irawn by the Assembly, there must
>e at least four of the Judges of the
’’ourt of Appeals present and at least
!6 members of the Senate.
justices Who Try Case.
Edgar M. Cullen is Chief Jus See
if the Court of Appeals. Assocla tod
vith him are Justices Johj Clint to
Jray, William K. Werner Willai
3artlett. Frederick Collins, William H
luddeback and John W. Hogan. There
ire three other associate Justices, not
sleeted, as were all of the foregoing,
>ut designated by Governors at differ-
int times because of the press of mi
ration before the court. Emory A.
Hhnae was designated an associate
ustice in 1906. Frank H. Hiscock is
ilSo an associate justice, designated
jv Governor Sulzer. Justice Nathan
Hiller was designated by Sulzer hlm-
ielf in January last.
There is much difference of opin
1797—William Bloupt, Senator from Tennessee, im
peached by the United States Senate for treason. He 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, impeached for a misde
meanor and “overbearing conduct.” Acquitted.
1830—Federal Judge James H. Peck, impeached for “ar
bitrary conduct.” Acquitted.
1862—Judge West H. Humphreys, of Tennessee, im
peached for rebellion as a result of 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 Pinehback. 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 he 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, but 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. Archbald, LTnited 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.
ion as to whether these designated
Justices will be legally entitled to sit
as a part of the court. Some attor
neys assert 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 decline 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 inter
esting. nevertheless, to note that, m»t
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 Binghamton,
court crier, will really get the court
under way whe nhis cry of “Hear ye,”
‘Hear ye,” is heard. The Clerk of
the Court of Appeals will not act as
clerk of the 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 dismiss the
charges on the 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 technlcalttiese will have to be
disposed of before the court can get
down to actual business. There will
be much argument and oratorical fire
works on the plea of the Sulzer de
fense for the dismissal of the im
peachment. Scores of ether techni
calities are certain to arise and it
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-
i 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 will
last for a considerable time. It is
said now, whoever, that if the Sulzer
trial la 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 his
service on the Court of Impeachment.
Senators get $15 a day as Legisla
tors, which would bring their incomes
I 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 w r ith the
Constitution, and probably the Sena
tors will look at it in the same way
and be satisfied with their $10 a day.
The Assembly board of managers,
which will have charge of the As
sembly's end of the case, Is composed
of Aaron J. Levy, of New York,
‘chairman; Patrick J. McMahon,
Thirty-fourth District; Abraham
Greenberg, Twenty-sixth District;
William J. Cillen, 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 the
rough box. The casket had been stolen.
Her wedding ring finger had been sev
ered and the ring was missing.
E
ON STATE FARM
Hatched by Hens, They Will Be
Distributed to Oregon’s Game
Preserves.
PHILOMATH. ORBQ., Sept. 18 —
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 these
will soon be distributed over the
State.
Large numbers were ready for
sending out some time ago, but have
been aw'aitlng orders from the State
Game Warden. The birds will go to
all sections of the State, but the
greater number to those parts w'here
the pheasant is little known. None
will be given their liberty except on
designated preserves to 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 Bob White quail, have been raised
this year on the farm.
About 800 pheasant hens have been
laying on the farm all the spring and
summer One hen lays from 60 to 80
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 ahr> raised with the
hens, in ordinary coops, Just as chick
ens are raised, with the exception of
feeding, for a little pheasant must
have “live food”—bugs, worms .and
Insects. This is only for the first few
weeks. After that tho 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 Andrew
Carnegie and J. Pierpont Morgan In
a Liberty avenue hotel. He lost $100
and his gold watch.
A stranger in Akron told of having
rich relatives in Pittsburg who had
bought him a gold mino in Califor
nia. But this man didn’t have enough
money to get to Pittsburg and he
persuaded AIcox to pay his way.
“We went to a hotel in Liberty
avenue,” said AIcox, “and there we
met a big fellow- whom my friends
introduced as Andrew Carnegie.
“Then Mr. Morgan came in and I
w-as introduced. He was a very nice
man and bought several drinks.”
Then, according to AIcox, the
friend took him to his hotel room.
Later in the night AIcox awakened
and his roll and gold watch were gone
and he haa|i't seen his friend since.
Husband Says School Principal
Tried to Educate Too Many
Relatives at His Expense.
KANSAS CITY, KANS., Sept. 13 —
James E. Ellis has filed a petition for
ddvorce in the Wyandotte County Dis
trict Court, in which he charges that
his wife, Emma A. Ellis, principal of
public schools of Parsons, Kans., has,
since their 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, they
moved In the best society. Every-
w’here, he alleges, his wife w-as 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.
Ellis 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 years.
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 to get him interested in get
ting an education, although the
youth’s parents were ab*e to pay.
Then there was another youth who
was boarded free three years to help
him get an education. And there weie
two grandnieces sent 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 says, 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.
move Them With the Othlne j
Prescription.
This prescription for the removal <
of freckles was written by a nrom-
lnent physician and is usually so (
micressful In removing freckles and }
giving a clear, beautiful complexion
\ that It is sold by Jacobs' F'harmacy
! under an absolute guarantee to re-
> fund the money if it fails.
> Don’t bide your freckles under
I veil; get an ounce of othine 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 othine; it is this
j that is sold on the money-back guar-
; antee.
L
"Ij It’s ct Hartman’s, It’s Correct’
For Fall 1913
Here s a brand-new model whick baa
leaped inta instant favor, especially
among tbe 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.
Brilliant 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 Derbies and Soft “ lids.
They b ave just been unpacked and are
ready for your choosing
At $2 to $5
"FURNISHER to men
Six Peachtree, Opp. Peters Bldg.
— “If It’s Correct, It’s at Hartman s ’’ —