The San Francisco call., 1913-08-16
TWO COVE nN0Rs
HUR[ DEF lance
At EACH OTHE R
Martin Glynn Checkrnates
Plan Of Sulzer to Throw
Controversy Into State
Court of Appeals
Confinued From Page 1


ernor, the governors privy seal. the
executive chamber and the books and
papers appeFtaining to such office Of
governor. At the end of your letter,
thus refusing. you suggest that steps
be taken to secure decision by some
court, as to which one OF US is en-
titled to exercise the duties of ONCE.
II know of no way by which / could
make. and no condition that would
justify me in making, any such stipu1a-
tion. The condition was designed to,
and I am advised and believe does. spe-
cificaily and completely cover the juno
ture now existing and is supplemented
by statutes passed by the legislature,
and now in force
1T is beyond my power to barter
away any of the functions attaching
to the off1ce in. which / am placed by
your impeachment. Any attempt on
my part to do so, or to stipulate a
method by which 1t might be done
would properly place me in the posi-
ton you now occupy--that of being
impeached for malfeasance in office. I
can not anu will not attempt to do It.
BEFORE HIGHEST COURT
"The entire matter is now in the
highest court OF the state-the court of
impeachment. No order that any lower
court could make. no judgment that It
could render, would have the slightest
binding force upon this high court. No
member of the court of appeals, cer-
tainly no member of the lower body,
the supreme court, can in any degree
nor under any circumstances, interfere
with the Jurisdiction or the decision Of
such court OF impeachment save, and
save only. as the members of the court
of appeals shall cast their individual
votes as such members of the court
THE decision of the court of i'm
peachment, once made, Is binding on
every court and every person in the
state, and must be so respected and
treated. Any attempt to interfere with
the jurisdiction or the proceedings of
such court of Impeachment, by any
member of any lower court, would be
as futile as would any attempt OF a
justice of the peace to enjoin the chief
Judge of the court of appeals from ex
ercising his functions as such chief
judge.
FIXED By CONSTITUTION
THE constitution has fixed this as
Z the only way for the settlement of the
matters now pending. ] know Of no
other, and 1 must, therefore, decline
TO enter any stipulation whatever with
you on the subject.
II hold myself in readiness to per-
form, and shall perform, every func-
tfon of the Office of governor. except
In SO far as I am restrained by your
Illegal action or bySphysical force"
The letter was delivered to Mr. Sui
zer at the executive mansion tonight.
Mr.. Glynn motored to his country resi-
dence tonight after a consultation with
his counsel.
Governor sulzer left the executive
chamber early and, after short spin
in an automobile. returned to the man
sion. The doors of the executive suite
at the capitol were securely locked
tonight. while guards paced up and
down both within and without In the
corridor. 1t was said that the guards
would continue their vigilance through
out the night.
CONDITION SERIOUS
The serious condition of Mrs. Sulzer
tonight necessitated the recall of DR..
Robert Abrahams from New York. No
official bulletin was Forthcoming to-
corning Mrs. Sulzer. but an afternoon
bulletin. dictated by Doctor Abrahams
after he had learned of the patients
condition over the telephone stated
that she was "still in a precarious
condition. with temperature of 102
and pulse lis. She is delirious at times
and an increasing temperature and
1uctuating pulse tonight SO alarmed
those at her bedside that local ply
sician was called in and Doctor Abra-
hams hurriedly summoned from New
York.
DUAL GOVERNMENT
The second day of the dual adminis-
tration in New York state dawned on
confusion In the capitol. A steel chain
with heavy paddock decorated the
great seal; the privy seal lay under lock
and key;s the way to the executive cham
ber, William Suffers citadel, was bolted
and barred. and from two ofiices the
rival claimants to the governors chair
continued to exercise their functions.
Control of the national guard. access
to the great seal recognition by New
York's secretary OF state and by tho
governor of the neighboring state OF
New Jersey were prerogatives stripped
from Governor Su1zer by Lieutenant
Governor Glynn, who claims to be the
acting chief executive. Possession of
the privy seal, whose imprint vaiidates
all documents coming before the gov
ernor on affairs wholly within the
state, and occupancy of the executive
chambers remained with Sulzer.