New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-03
By 1t the Governor Hopes to
Block His Impeachment by
Forcing a Court Test
of His Status.
QUESTION ALREADY RAISED
Warden Hayes Refuses to Re-
lease Robin and Habeas
Corpus Writ Is Obtained,
Which Means a Ruling
on Suffers Rights.
fBy Telegraph to The Tribune !

Albany, Sept. 2.-Governor Sulzer
pardoned to-day Joseph G. Robin. who
had two months more to serve of a
years sentence imposed on him by
Justice Seabury on his plea Of guilty
10 the larceny of $4,000 from the
Washington Savings Bank Of New
York
The Governors action is admitted by
persons close 10 him 10 he an EFFORT 10
stop the impeachment court which is
to begin its hearings on September Is
The purpose is to get the rights OF MY
Sulzer as the present Governor OF the
state into the courts through the ROBIN
pardon. and 10 have the question car
ried through pro forma decisions 10y
the lower courts to the Court OF APP
reals within the next two weeks
The contention will he made before
the appeals court, il is said, that Mr..
Sulzer. as the legal Governor OF the
state. had the righ. TO pardon Robin on
the ground that the impeachment pro-
ceedings against him were illegal haV-
ing been brought at an extraordinary
session Of the Legislature. If this con-
tention is upheld the natural sequence
will be the invalidating of the impeach-
ment court.
To best bring out these points Ben
iamin F. Tracy. Of New York. has been
engaged to support the Robin pardon.
He will be assisted by Joseph w. Ire
land and William :. Bennet. the at
torneys on whose application the par
don was granted
After the announcement Of the par
don Governor Sulzer retired TO his prl-
vate office. refusing TO discuss il. Act
ing Governor Glynn was equally reti-
cent. but Attorney General. Carmody
rointed out that under his opinion Of a
few weeks ago Governor Sulzer did not
pcssess the right 70 grant the pardon.
Mr.. Carmody then held that when the
Assembly impeached Sulzer the duties
of Governor automatically were trans
ferred to the Lieutenant Governor.
Already in the Courts.
The effort 10 get the matter into the
courts has already succeeded. Warden
Patrick HAYES Of the New York County
Penitentiary. where Robin is confined.
has refused to honor the pardon, and
al the same time Robins attorneys
have sued out a writ Of habeas corpus
for the freedom Of the prisoner. re-
turnable before Justice Hasbrouck next
Thursday at Kingston.
District Attorney Whitman notified
the Attorney General this afternoon
that he would oppose the writ, but as
Robin is confined IN a county penal in
stitution the Attorney Generals ONCE
cannot intervene.
In the application for the writ Of
habeas corpus the commitment papers
are alleged TO be defective. II is
understood that this contention is
raised in order 10 set up later the claim
that Robin is entitled 10 his liberty
under the pardon Of Governor Sulzer.
II is through this procedure that the
question as to who is Governor of the
State OF New York will be brought be-
fore the courts.
II wes said at the Office Of the Secre-
state that the pardon Of Robin
go through that office, as Is
the case, 20 be stamped by the
r...., seal Of the state, and tina, there
fore the only stamp il contains is that
Of the privy seal, which is kept in the
executive chamber.
For a long time before his impeach-
ment Governor Sulzer had been con-
sidering the pardon Of Robin, but did
not grant it because he could not get a
recommendation for leniency from Dis
trict Attorney Whitman, who strongly
opposed II. The granting OF the pardon
al this time, within two months OF the
Continued on seventh page, fourth column.