The Mena Weekly Star

IMPEACHMENT IS
DECLARED LEGAL

Sulzer Loses a Round in His Fight
for Governorship, and Banker
He Pardoned Is Re-
turned to Jail.

Kingston, N. Y., Sept. 11.—Justice Hasbrouck, of the State Supreme court, today decided that Governor Sulzer was regularly impeached, and, while awaiting impeachment trial, was divested of the right to exercise his executive functions, including the power to pardon.

The question of the legality of Sulzer's impeachment came before Justice Hasbrouck in connection with habeas corpus proceedings, brought to compel the New York City authorities to honor Governor Sulzer's pardon of Joseph G. Robin, the banker convict. He decided that Robin's pardon was invalid, quashed the writ and sent Robin back to prison.

First Ruling on Impeachment.

Attorneys representing Sulzer and Robin had argued that the impeachment was illegal because voted by the assembly at a special session, which was not called expressly to decide that question. The court refused to sustain that contention. The decision upheld the argument of the New York corporation counsel, who maintained that the assembly, when it impeached, acted in a judicial and not a legislative capacity, and was properly convened.

The assembly voted to impeach Governor Sulzer August 13. Action was hurried immediately upon the rumor that the governor would seek to obstruct the assembly's action by recourse to the courts. Justice Hasbrouck's decision today was the first ruling made by any court on the legality of the impeachment.

Arguments on the validity of the writ of habeas corpus were heard here Monday. The questions raised were—First, whether Governor Sulzer was impeached; and second, whether he was divested of his powers pending trial.

"The subject of impeachment," says Judge Hasbrouck, "like the power of a legislative body to punish for contempt, has a different character from a subject requiring the action of both branches of the legislature and the governor, in order that the laws may be enacted.

"The power conferred upon the assembly to impeach the governor is a judicial power. The power of impeachment, therefore, cannot be participated in by the governor or the Senate, and therefore does not constitute a legislative subject."

Thinks Law Is Unfair.

Taking up the claim that even if properly impeached, disability does not fall upon the governor, Justice Hasbrouck denies that the contention that the law still presumes the innocence of the impeached.

"There is a wide difference between the state and the national constitution on the result of the impeachment of the governor or president. The president, by impeachment, is not suspended in, or ousted of his functions, and therefore the rule of the presumption of innocence remains undisturbed. In our constitution, if our interpretation of it be correct, this fundamental rule in the criminal law is invalid."

This invasion, he pointed out, is section six of article four of the state constitution, that "in cases of the impeachment of the governor or his removal from office by death, inability, etc.," the powers shall devolve upon the lieutenant governor "until the disability shall cease."

Judge Hasbrouck says:

"The presumption of innocence may still be claimed by the accused but he is quite as effectively shorn of his power by the provision, which needs no interpretation and which is perfectly clear, as if a judgment of eviction had been passed against him, unless he is acquitted. For what is disability following impeachment under this section but suspension, and what is suspension but removal provision. For delay in the prosecution to the end of the term works the same result in the main that judgment of removal would, and delays in such proceedings have been known to be long. The impeachment proceedings against Warren Hastings lasted thirteen years."