New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-04
.CARMODY DECLINES TO
TRAIL AFTER SULZER
Objects to Requests for De-
CiSionS When Governor Has
Already Passed Judgment.

Albany. Aug. 3.-Attoruey General
, Carmody takes exception TO the meth
DDS pursued by Governor Sulzer in so
Letting his views on subjects upon
which the Executive himself has pre-
viously taken "A public position. Mr..
Carmody makes clear his position in
letter sent 10 the Governor accom-
panying his opinions tnat the present
extraordinary session of the Legs
lature can legally reconvene on Au-
gust If and that the Frawley legisla-
tive committee has the right 10 con-
tinue it's inquiry into the Governors
campaign receipts and expenditures.
Both these propositions were sub
mitted TO Mr. Carmody by the Gov
crnor after the Executive had given
out long opinion Of his personal
counsel in effect that the extraordinary
session of the Legislature had come 10
al. end because an adjournment had
been taken without quorum being
present Ia either house Of the Legis-
lature ana that the Frawley committee
.
was without power To- investigate the
Governors campaign funds.
Mr.. Carmodys letter follows:
August .. 1918.
Hon. William Sulzcr executive
, chamber. Albany, y. Y.
My dear Governor: on July % |
had the honor to receive from you two
separate communications requesting
my opinions in writing az 10 the pres
cnt status OF ihc extraordinary term
II the Legislature and as 10 the
powers of the legislative investigating
committee Previous to the receipt of
these communications had noticed in
the public prints statements 10 the cf-
feet that YOU had determined 10 your
own satisfaction that the legislative
session had. in effect. been abandoned
and that the investigating committee
had not power 10 make inquiry as to
the collection and distribution Of cam
uaign funds by candidates. had also
called to my attention an extensive
opinion by your counsel touching upon
! both of these subjects, but principally
upon the powers of the investigating
committee
I'm view of this public statement as
10 your position in the matter the in
quiries made To me seemed somewhat
unusual. and have given some consld-
Grafton as 10 the proprloty Of my act
4 ing in the matter under these condl-
tions. The attorney generals Of the
/ state have acted as legal advisers To-
/ the Governors foT many years and
/ have furnished them their opinions as
| to legal questions submitted. This was,
| OF course. TO aid them in the solution
Of questions where propositions OF a
| legal nature were involved concerning
which they were in doubt.
II am not entirely clear as 10 Why
my opinions should be asked for IN this
| instance after the Governor himself
! has taken a position In the matter. II
| is not consistent with the dignity Of
this Office that my opinion should be
! Sought lOI Hltlflg W 'bNhiH iiiioi III"
/ ton as to my views. The time OF my
self and deputies should not be devoted
to consideration of questions merely
| academic. and thus our attention di-
verted from discharge of practical du-
| ties imposed upon us by law.
81 am. and always have been. will
! Ing at all times to state my views upon
| legal questions if thereby | can assist
YOU In the discharge OF your important
duties. II is in the belief that notwith-
standing your public utterances on
these SUBJECTS you are not entirely
clear as to the legal questions involved.
and have therefore requested my opin-
ions. For these reasons l herewith
! submit them for your consideration.
Hoping they NAV he Of assistance
to you in determining your future ac-
ton concerning the subjects involved,
| am, very truly yours.
THOMAS CARMODY.
Attorney General"
Governor Sulzer declined tonight to
comment upon the communication OF
VI. Carmody. remarking merely that
he would say what he had to say at
the proper time.