Below is the OCR text representation for this newspapers page.

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 ’’ —