Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-08-14

his wife thought she was entirely
/ within her rights in providing for the
future by putting away something for
/ a rainy day, even without his knowl-
edge
The governors friends who believe
that the Court of Impeachment will
never convene to try his case, base
! their opinion on the tentative plan
of his counsel to have the court $
review the constitutionality of the
! impeachment proceedings prior to
September is.
VIII Begin Mandamus Proceeding.
This review, they assert. probably
will be started by mandanus pro-
ceedings to compel obedience to his
instructions by the first department
head who refuses TO recognize the
claim that he is still governor.
Statement of suIzer's Counsel.
At the conclusion of a conference IN
the private office of the Governor. D..
Cady Herrick, chief counsel for Sui
zer issued this statement last night:
Counsel for Governor Sulzer have
no desire to be interviewed or to try
the merits of his case in the news
papers, and have no desire to make
any statements in his behalf; have
advised the Governor TO refrain from
making any statement at the present
| time and likewise his wife. We have
been engaged in his defense. not for
William Sulzer. but as a professional
and public duty for the Governor of
the State. to preserve, SO far as 1t
| can now be preserved. the good name
and fame of the State
after an examination of Mr.. Sulzer
in relation to the transactions dis
closed by the Frawley committee we
/ Il 1,..r La
| a. partial revelation of the facts so
far. and we are satisfied that he has
been guilty of no wilful wrongdoing;
| and we ask from the public in his
| behalf a suspension of judgment until
all the facts can be disclosed before
the proper tribunal and in an orderly
| way.
1.-THE statements in the papers that
| the Governor will. if necessary. re-
sort to force to maintain his posi-
ton, are the merest rot. He will meet
the charges made against him in an
! orderly and dignified way, and will
do nothing unbecoming the dignity
of his State. and will engage in no
physical scramble to ASSERT his rights
| to discharge the functions pertaining
| to the office of Governor"
VIII Answer Impeachment.
To this statement former Judge
Herrick added
at is ridiculous to say that Mr..
Sulzer will defy the impeachment and
refuse to answer the summons to ap-
pear before the impeachment court
on the dav set The Governor and
Mrs. Sulzer have been advised not to
give any interviews or make any
statements. because we do not intend
to try this case in the newspapers.
1t Is no longer politics and has now
become a question of law"
Former Judge Lynn j. Arnold, one
of the Governors counsel present at
this conference, when asked what
plan had been picked for Mr.. Sulzer' s
claim that he is still Governor said:
at is not up to us to make any
move. Mr.. Sulzer is still Governor
and he will continue to discharge his
duties taking no cognizance of the
other claimant to the Office until MIR.
Glynn commits some overt act. Then
we will move in the courts to defend
Mr.. Suffers right to the Office
While no official statement of the
course of procedure considered was
made, it was learned from one who
took part in the conference that Mr..
Suffers counsel have agreed upon two
courses. The first will be to grant a
pardon to some inmate of a State
prison. The warden will decline to
honor the pardon because of doubt as
to who is the real Governor. Then
Suffers counsel, acting for the par
doned convict, will swear out writ
of habeas corpus. On such a writ all
the constitutional questions can be
raised and disposed of expeditiously.
Sulzer proposes to Issue a proclama-
ton, calling an extraordinary session
af Nf l.
| whole matter can be decided in about
| fifteen days by the State courts.
Would. Go to Federal Courts.
Such a proceeding, the Sulzer at
torneys declare, would bring the
| United States Supreme Court on the
theory that the section of Federal
Constitution protecting the life and
| liberty of citizens was being violated
! The other test proposed is on the
| power of appointment. 1t has already
been agreed that Sulzer shall name
| Ebenezer Robinson sheriff of Living
ston County.
Senator John Seely, a friend of
| Sulzer and supporter of his direct
nominations bill, called at the ex-
ecutive chamber with a delegation of
citizens from Livingston County. They
| assured Sulzer of their support and
sympathy, and he agreed to name
Robinson sheriff.
sulzer Is Optimistic.
Governor Sulzer came to the Capitol
| shortly before IL o'clock this morning
and went directly to his private office
o ffthe executive chamber, through a
side entrance.
Everybody in the State of New
| York ought to be with me in this
fight" he said.
| Mr.. Sulzer seemed refreshed by his
nights rest and was in excellent spir-
| its. He walked slowly up the winding
walk leading to the main entrance of
the Capitol, smiling and bowling right
and left to the hundred or so persons
who recognized him.
Mrs. Suffers Condition Critical.
Mrs. Suffers illness is so serious as
to be regarded as critical, according to
announcement made today by Gov
ernor Suffers secretary.
Two additional specialists were
summoned from New York by tele-
| graph this morning to attend her.
Half dozen times his progress was
retarded by newspaper photographers,
| for each of whom he paused mo-
ment.
| "You know we had a conference
over at the Peoples House last night,
my lawyers and l." the governor said
to the reporters. They made me
promise not to talk. There isn't a
word that | can tell you
senate Clerk Serves Summons.
He had hardly reached his office be-
| fore Patrick f. McCabe, clerk of the
| Senate, sent in word that he wanted
to wait on him and the governor said
~.