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SUI [ 7.1 El R A1 N D 1 fAi M M [A] N IY Al R] ray: Ei d'i FOR BATTLE i GOVERNORS WHO HAVE BEEF J IMPEACHED AND ACCUSED EXECUTIVE OF EMPIRE STATE WHO NOW FACES CHARCES BROUGHT BY TAMMANY OF : HIGH CRIME AND MISDEMEANORS j ME IS SET FI TIL ST 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 impeachme. . Special counsel for the State of New York to prosecute the impeach ment will summon Sulzer to the bar. Aaron J. Levy, 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 be 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 will be a cold, calm proposition of wheth er Sulzer was or waa not guilty of malfeasance in office—a question of whether, as charged by the Assem bly, he did or did not speculate in Wall street with campaign funds and of whether he did or did not fail id 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 w-!ll be given the proceedings by the introduction of the name of Mrs. Sulzer. It If, said to be like'v that Mrs. Sulzer will stand bv the statement credited to her in which *he is alleged to have said that^ 1* was she who speculated in Wa.l street with campaign funds, without the Governor’s knowledge. If this is to be the Sulzer line of defense, Mrs. Sulzer will be forced to make very humiliating admissions upon the wit ness stand, an ordtal that would be eerv trving to her and a proceeding which even Sulzer’- wprst enemies would prefer to avoid. Before the Court of Impeachment ran commence to hear the charges drawn by the Assembly, there must be at least four of the Judges of the Court of Appeals present and at least ’6 members of the Senate. Justices Who Try Case. Edgar M. Cullen is Chief Jus Ve of the Court of Appeals. Assocla ’ed with him are Justices Johj Clint fc Crav. William E. Werner Wlllai Bartlett. Frederick Collins William H Cuddehack and John W. Hogan. There are three other associate Justices, not elected, aa were all of the foregoing, but designated by Governors at differ ent times because of the press of liti gation before the court. Emory A. pupae was designated an associate justice in lflhfi. Frank H. Hlscock Is also an associate Justice, designate.! h - .Governor Sulzer. Jnstire Nathan Miller was designated by Sulzer him self in January last 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. 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 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 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 acquittecl 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 IV. Archbald, 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. •vri-LLlA-n: -hre>se.3C 1913 ion as to whether these designated justices will be legally entitled to sit as a part o# the court. Some attor neys asf^rt 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, 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 Binghamton, court crier, will really get the court under way whe nhis cry of “Hear ye,” “Hear ye,” is heard. The Clerk of tlie 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 ail of the charges, this answer will probably conclude with the prayer that the Court of Impeachment dismixs 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 fhose for which the Chief Executive summoned it into session, Many technicalitiese will have to be deposed 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 other 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 Yo / k - It has not yet been decided whetn- | er the Justiccl of the Court of Ap peals will wear their black silk robes. Also, nothing definite has hen 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 haa 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 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 Associate Justices of the Court of Appeals while sitting in a court of impeachment, which is $10,000 a year with expenses ol $3,700. It is contended by some that the Legislature had no authority to enact a law wlvich clashed with 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. ON STATE F Hatched by Hens, They Will Be Distributed to Oregon’s Game Preserves. PHILOMATH. ORESG., Sept. 13.— Five thousand pheasants have been raised this .season on the Oregon Pheasant Farm of Renton 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 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 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 w hen 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 alno 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 weekfe*. 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 Andrew/ Carnegie and j, Pierpont Morgan In a Liberty avenue hotel. He lost $100 and his gold watch. A strangef 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 not el 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 was introduced. He waa 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 his roll and gold watch were gone and he hasn't seen his friend since. Husband Says School Principal Tried to Educate Too Many Relatives at His Expense. KANSAS PITY, KANS., Sept. IS — 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, Kang., 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 Jane 16 of this year, and during the time they were together, he says, they moved in the best society. Every where, he alleges, his wife was known as Miss Sackett arrd she introduced him as her cousin. He charges that she threatened him with “dire calamity” if he told their secret. After he married her, he says, I he learned she had been married be fore, her first husband’s name being Sackett. He is dead, Ellis eay». 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 ecliool. 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 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 sent to the Unlver- I 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. j 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' ref*taurant, July 9. Wife Beater Cured by Whipping Post Scare Judge Sabath Frightens Prisoner Into Promise To Be Good In the Future. OHTCaOO, 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 Firber, No. 1161 South Park avenue, plead for mercy. “I 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 wife against the court dl - charged him. FRECKLES | Don’t Hid* Them With * Veil; Re move Them With the Othlne preecrlptlon. This prescription for the removal 1 of freckles was written by a prom- 1 tnent physician and is usually so I successful In removing freckles and giving a clear, beautiful complexion that It is sold by Jacobs’ Pharmacy 1 under an absolute guarantee to re fund the money if it falls. Don't hide your freckles under a veil; get an ounce of othine and re- i move them. Even the first few ar>- plieatioim should show a wonderful improvement, some of the lighter freckles vanishing entjrelv. }3e sure to ask the druggist for the double strength orhlr.e; it is this that is sold on the money-back guar antee. "// It’s at Hartman’s, It’s Correct’ For Fall 1913 Here e a brand-new model wbick has leaped int« instant favor, especially among tbe ultra-faibionable 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 have just been unpacked and are ready for your choosing At $2 to $5 "FURNISHER to MEN" Six Peachtree, Opp. Peters Bldg. — “// It's Correct, It's at Hartman s —