Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-08-14
WHO is GOVERNOR?
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tary protection if necessary to prevent
! the lieutenant governor from occupy
ing the executive chamber.
/ Judge d. Cady Herrick, who will act
as chief counsel for the Governor at
I his trial, said, tonight. that Talk of
, resort to force is the merest rot
He will meet the charges against
| him in an orderly and dignified way"
said Judge Herrick, land will do
nothing unbeeoming the dignity of the
state. He will engage in no physical
| scramble to assert his rights TO dis
charge the functions of the Office of
governor"
| The Governor himself was silent.
F., When, at o'clock, tonight, he left
his office in the Capitol, where he mad
! been closeted the entire day. he was
asked if he expected to return. to-
morrow.
Yes, street. he replied in angry
tones.
| SO far as could be learned no at
tempt was made by Lieut.. Gov. Glinn
in any way to exercise the function of
| Chief Executive, today, but there was
every indication that there would be
J n clash of authority. tomorrow, when
, both men return from their homes to
! the capital. The lieutenant governor
would not indicate, tonight, what ac-
| ton he proposed to take. except to
say that there would be No circus or
I military maneuvers about occupying
the executive chambers: the law is
supreme"
| The inaction of Lieut.. Gov. Glinn
| in the matter was in the face of ar
guments given expression both in the
| Senate and the Assembly, today, that
which says that In case of impeach-
| ment were presented to the Senate
Gov Sulzer automatically ceased to be
Chief Executive. The contention was
based on an article in the Constitution,
which says that In case of impeach-
ment of the Governor the
powers and duties of the office shall
devolve upon the lieutenant COVER
nor"
4 1t was held by the majority leaders
that the word Impeachment" CORE
' sponded with the word indictment
] in a criminal trial and that therefore
in the meaning of the Constitution the
+ Governor already stood impeached,
even though not convicted. and was.
3, therefore, not now eligible to hold his
office. These arguments We're placed
before the lieutenant governor by the
| Democratic leaders. early in the af
ternoon, but, nevertheless, Gov. Sulzcf
: was not molested.
4 A few minutes after the Governor
left his office, Patrick E. MeCabe, clerk
of the Senate appeared at the execu-
tive chamber with a copy of the ar
ticles of impeachment and a summons
and complaint which he intended Il
serve upon the Governor When in
Chester c. Plat. that he had missed
the Governor by scarcely a minute
McCabe asked for an appointment, to-
morrow Platt replied that the Cover
nor would be at the executive cham
ber at IL O'Clock tomorrow morning
and that he would try and arrangs
matters for that time"
I 1t seemed practically certain, to,
night, that the Governor and Lieu
tenant Governor would both resort t.
legal tests of their respective claims
in the courts which in the history o.
. New York state have never been call
ed upon to hand down an opinion
which would act as precedent in the
case.
Upon leaving the executive chambe
the Governor went for short automobli
ride and then returned to the executive
mansion, where he was in consultation
until late hour with his advisers. Be
sides d. Cady Herrick, it was announced
that his attorneys at the trial would b.
: Irving Vann of Syracuse, former judg
of the court of appeals; Louis Marshal
} of New York: Austin c. Fox, rorme
state senator of New York; Harvey u
Human of Binghamton Virgil kellogi
of WATERFOWL. formerly state suprem
, court judge and Judge James Gay Cor
don of Philadelphia. All seven were ex
pected here. tomorrow, for conferenc
for the preparation of the Governors de
fence.
Judge Herrick and Mr.. Marshall wer
; among those at the home of the Gov
ernor, tonight. where the lights burne
late.
The report that Mrs. Sulzer would civ
out statement setting forth the detail
: of her alleged use of Gov. Suffers cam
!, paign checks for stock speculation ur
I. known to the Governor, did not materia
!. ize. today. Friends of the Governor In
timated that in view of the fact that Mr.
Sulzer probably would be called by a
. torneys for the defence as witness {
= the trial what she may have to say O
), this subject would be reserved until ST
u took the witness stand. 1t was said thu
:, at that time her testimony would so ia
in clearing the Governor of the 'charg'
of misuse of campaign funds for stoc
speculation now standing against hin
Mrs. Sulzer was In the care of physician
: tonight, and was said to be in. a compile
. state of collapse as the result OF II
!" strain to which she has been subjects
: since the exposure of the Frawley con
mittee. Silence also will be the polio
!. of the Governor until he appears at II
bar of the court of impeachment.
Mrs. Suffers condition became so 81