The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-08-16
MUST FOLLOW THE LAW
I'D Be Guilty Of Malfeasance
i'll Accepted Proposal"
Says Glynn.
SULzER DOESN'T RETORT
lie Summons Herrick and Day'e
Battle Ends in Planning
Next Move.

ALBANY, Aug. 15.--Martin H. 0ivnn
sent to William Suixer to-niGht a letter
In which he hatly refused to refer to the
courts the question Of who 10 the rightful
Governor Of the State Of New York, Mr.,
Glyrm declared:
II shall perform every function Of the
ofice Of Governor except In no far A
am restrained by your illegal actions or
BY physical force"
Mr.. 0lynn also said TT Ia beyond
my power to barter away any Of the
functions attaching to the ONCE In which
! am placed by your impeachment"
The acting Governor contends that the
Court OF Appeals. TO which Mr.. suiser
wants the issue submitted. has no right
to interfere In impeachment proceedings.
The letter was delivered to Mr.. 6ulssr
at the Executive Mansion at s:20 o'clock
tonight by Mr.. Glynn's secretary. Frank
A. Tietney.
M. GlSnn's RejOinder.
The letter follows:
Il have your letter Of this date re-
fustnG to comply with my demand, this
day served upon you. that you surrender
to me. your successor In exercising the
functions OF the once OF Governor. the
Governors privy SEAL the Executive
Chamber. and the books and papers ap-
pertaining to such Office OF Governor.
At the end Of your letter thus refusing
you suGeest that steps be taken to
secure . decision By some court as to
which one OF us 10 entitled to exercise
the duties Of the once.
~ know OF no way by which ] could
make, and no condition that would Justify
me In making, any such stipulation. The
Constitution was designed to- and ! am
advised and believe does. specifically and
completely cover the juncture now exist
ing and is supplemented by statutes
passed by the Legislature and now in
force. II IA beyond my power to barter
away any OF the functions attaching to
the office in which ! am placed by your
Impeachment. Any attempt on my part
to do 80. or to stipulate method by
which It might be done, would properly
place me In the position you now occupy
that OF being impeached for rnalfea-
sance in office cannot and will not at
tempt to do IT,
The entire matter Is now in the high.
est court OF the Stata--the court OF inn
pea achm.nt--thp most august body known
to our system. 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.
certainly 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
IT - trnp oh
save only as the members Of the Court OF
Appeals shall east their individual votes
~ such members Of the court.
4 "FutiIe" Attempt.
"The decision NJ the court NJ impeach-
mcnt once made IL binding on every court
and every person IN the State and must
he No respected and treated. Any attempt To
interfere with the Jurisdiction or the pro-
ceedings Of such court Of impea chment
by any members Of any lower court--and
every other court In the state Ia lower
one--wOulL De as futile as would an at.
tempt Of a Justice Of the peace TO enjoin
the Chief Judge OF the Court OF Appeals
from exercising hs functions as Chief
Judge.
THE Constitution has hxed this as the
only way for the settlement OF the mat
ter now pending know Of no other. and
I must. therefore. decline TO enter into
any stipulation whatever with you on the
subject. I hold myself In readiness to
perform. and shall perform, every func-
ti0R Of the office Of Governor. except In
40 far a. am restrained by your illegal
action. or by physical force
The letter was signed
MARTIN II. GLYNN.
Acting Governor"
Mr. Giynn in this letter answered the
question which every body In Albany has
been asking all afternoon, namely what
he was going to do about Mr.. Sulsers
proposal that the lawyers for both sides
arrange 4 test case to be laid before
extraordinary sessions Of the Appellate
Division Of the Supreme Court and the
Court Of Appeals.
There was no intimation from Mr.,
0lynu Tonight as to what his next step
will be. MIR. Sulxer still has possession
Of the Executive offices. the privy seal
and documents necessary to the business
Of the state lie has given notice that
he will hold on.
sulseP summSRs Herrick.
J00e DSIeoy HeTiIch' "'' Su'Ae'
COUNSEL, was called to tho Governors
home a. soon as the letter was received.
He and Mr.. sulser had long talk. at the
end Of which Judge Iferrick said that
there was nothing to give out.
10 the state continues to have two
Governors II is expected that to-mor-
row Mr. Glynn will sign u lot OF papers
md do considerably more as acting Gov.
ernor than he dkd to-day,
Mr. Glynn holds to his intention not to
try u f.,eib,. seizure OF the Governors
office, M matter what happens. lie has
been assured by many lawyers In adj
t,or.. TO his immediate advisers thst ~