William Sulzer

On taking office as governor, Sulzer in an initial move announced the renaming of the Executive Mansion "The People's House".[11] The populist rhetoric of this move was followed by a campaign to "let the people rule", through a series of reforms, including a move to promote open primaries for party nominations, and investigations into corruption in the legislature and executive branches of state government. At the same time Sulzer refused to follow Tammany decisions for state appointments. These moves would damage the power of Tammany and other machines, Democratic and Republican throughout the state, and empower Sulzer. The campaign for direct primaries would win him the support of Theodore Roosevelt and his Progressives, but also moved Tammany to stand firmly against him.[12]

Critics claimed that Sulzer was using the direct primary issue to build his own machine or to co-opt Tammany and assume control of it from Murphy, based on his populist appeal. Meanwhile, Sulzer and his supporters countered that the effort was necessary to promote fair government.[13]

By the end of April investigations against previously appointed Tammany officials had further developed the party split. And then on the 26th as the Open Primaries Bill moved to a vote Sulzer declared "If any Democrat in this State is against the Democratic State platform, that man is no true Democrat, and as the Democratic Governor of the State I shall do everything in my power to drive that recreant Democrat out of the Democratic Party."[14] In spite of the threat, both Machine and Independent Democrats voted against the bill overwhelmingly. The Machine delegates, led by Speaker Al Smith followed the orders of Murphy, while the Independent Democrats, mostly from rural, Upstate New York opposed the bill fearing that Open primaries would silence their influence and power against the weight of the urban vote.

Sulzer's refusal to work with Tammany on appointments was a major threat to the organization, which had since its foundation been dependent on Civil Service work to develop its power. One of the appointments that Sulzer refused to make was that of James E. Gaffney, owner of the 1914 "Miracle" Braves, to State Commissioner of Highways.[15]

Even after the defeat of the vote, Sulzer vowed to continue his fight with Murphy and the other bosses, and that there would be no Compromise. In response, the Tammany-allied State Comptroller William Sohmer moved to freeze payrolls for state highway and prison projects, and the State Senate under the leadership of another Tammany officer Robert F. Wagner refused to approve the Governor's appointments to the New York Public Service Commission.

As the conflict between Sulzer and Tammany moved on, accusations of perjury arose against the Governor, stemming from an 1890 lawsuit accusing him of involvement in fraudulent companies in Cuba while a Congressman. It was also rumored that he was sued by a Philadelphia woman for breaking a 1903 promise to marry her. He rejected all these claims and characterized the breach of promise lawsuit as a "frame-up."[16]

In May 1913, the state legislature established a Joint Committee to investigate the financial conduct of state institutions, chaired by Senator James J. Frawley, a loyal Tammany Hall Democrat. In the summer of 1913 this committee, using Tammany-provided information, accused Sulzer of diverting campaign contributions to purchase stocks for himself and perjuring himself under oath. Sulzer and his supporters averred that the charges were made under instructions from Murphy in order to remove Sulzer as an obstacle to Tammany Hall. Some historians have corroborated Sulzer's version of events. Sulzer also questioned the constitutionality of the committee itself. But as evidence emerged regarding his use of campaign funds, he began to lose the support of the national Democratic Party.

On August 11, 1913, the Frawley committee announced its findings to the state legislature, and moves began towards impeachment, managed by Tammany Hall's legislative leaders, Al Smith and Robert Wagner. Sulzer's only support came from Progressive legislators, who were too few to slow the process down.[17] Over the next two days, Sulzer attempted to obstruct the impeachment at every turn but was powerless to stop it, as Smith and Wagner maintained control of their respective houses. In a last-minute attempt to prevent impeachment, the Governor's wife admitted to having been responsible for the theft of campaign funds. The Governor's allies attempted to postpone proceedings based on the new evidence, but were unsuccessful and the decision came to a vote.[18]

On August 13, the New York Assembly voted to impeach Governor Sulzer by a vote of 79 to 45. Sulzer was served with a summons to appear before the New York Court for the Trial of Impeachments, and Lieutenant Governor Martin H. Glynn was empowered to act in his place pending the outcome of the trial. However, Sulzer maintained that the proceedings against him were unconstitutional and refused to hand over power to Glynn.[19] Beginning August 21, Glynn began signing documents as "Acting Governor" despite Sulzer's refusal.[20]

On September 18, Sulzer's impeachment trial before the Impeachment Court began in Albany. Sulzer called upon Louis Marshall to head his defense team; Marshall agreed but confided in his wife that he was not enthusiastic about the outcome.[21] The trial did not go well; Sulzer did not even testify in his own defense. On the afternoon of October 16, the court convicted Sulzer on three of the Articles of Impeachment: filing a false report with the Secretary of State concerning his campaign contributions, committing perjury, and advising another person to commit perjury before an Assembly committee.[22] The court voted to remove Sulzer from office. On October 17, 1913, Sulzer was removed by the same margin, a vote of 43–12, and Lt. Gov. Glynn succeeded to the governorship.[23]

According to the 1914 book The Boss or the Governor by Samuel Bell Thomas, a crowd of 10,000 gathered outside the Executive Mansion on the night Governor Sulzer left Albany, leading to an exchange as follows:

Mr. Sulzer: "My friends, this is a stormy night. It is certainly very good of you to come here to bid Mrs. Sulzer and me good-bye."

A voice from the crowd: "You will come back, Bill, next year."

Mr. Sulzer: "You know why we are going away."

A voice: "Because you were too honest."

Mr. Sulzer: "I impeach the criminal conspirators, these looters and grafters, for stealing the taxpayers' money. That is what I never did."

From the crowd: Cheers.

Mr. Sulzer: "Yes my friends, I know that the court of public opinion before long will reverse the judgement of Murphy's 'court of infamy.'"

From the crowd: Cheers.

Mr. Sulzer: "Posterity will do me justice. Time sets all things right. I shall be patient."

From the crowd: Cheers.

Some in Albany maintained that he was impeached unfairly, as he had been the first person ever to have been impeached for acts committed before taking office. There have been several pieces of legislation introduced in the New York State Assembly and Senate to have his political record repaired. None have been successful to date.