The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-09-08
Could Two-Thirds Vote of
Body, in Tammany Hall,
Do 1t, Tracy Asks.
ROBINS WRIT FOUGHT.
Governor Would Be Immune
if Legislature Must Await
Call, Says States Lawyer.

SPECIAL From q STAFF Correspondent ~ TIE
Evening worldD
KINGSTON. n. ". Sept. s-Supreme
Court Justice Hasbrouck considering
the pardon OF Joseph Robin by
william sulser refused to decide on
hand to-day who Is the Governor OF New
York State. He heard a great array OF
councillors and asked representatives OF
Robin dnrIuding lawyers acting for Sui
,er) and the representative OF tn,
city Of New York and his supporters OF
the Attorney Generals once. the Dis
ct.Attorney's office and the advisers
OF the Court OF Impeachment to submit
briefs within two days.
Robin was remanded In custody OF
warden Patrick Hayes OF the peniten'
,,ary on Blackwells Island. pending the
decision.
In hearing argument Justice Has
brouck asked many pointed questions
as to the right OF the Assembly to
convene as court of impeachment
without notice to its members
Former Secretary of the Navy p. r.
Tracy opened for Robin. supporting
Sulzer's contention.
Justice Hasbrouck opened the pro-
ceedings by asking II there was re.
turn OF the writ. Corporation Counsel
Watson OF New York City and Warden
Hayes Of Blackwelrs Island Peniten.
tlary stood up.
Mr. Watson also tried to chow that
that the petition should have been sub.
mitted to another Jurisdiction.
"Ibad already taken up the matter
Of jurisdiction" said Justice Hasbrouck.
before issuing tho writ. Attached TO
the petition was a pardon signed by
the Governor. Taking that into consld.
Grafton, I signed the writ. 1t was a
pardon signed by William Sulzer. un-
der the seal OF the State Of New York.
Whether or not II 10 the signature Of
the Governor may. Of course. come up
here"
Lam J. Arnold rose to ask to be nj.
lowed to intervene as counsel for the
Knlckerhocksr Press.
II shah be glad TO hear you." said
Justice Hasbrouck. "as a friend Of the
court. but not for the Knickerbockei
Press"
WAS uBTeeu tndt SldTh anu
Norton should appear a. assistants to
| Mr.. Watson.
ATTACKS RIGHT TO iMPEAcH
| SULZER.
Gen. Tracy based his attack on the
action of the Legislature In going be.
yond the call for an extra session t.
form itself into n court OF impeachment.
| n pplv 1t
peals as saying that the Legislature waA
limited to the matters submitted by the
Governor In calling an extraordinary
session.
What right has Robin" asked Jus.
tice Hasbrouck. ito ask II the Assem-
bly, was acting properly"
| "Only the right" said Gen. Tracy,
"caused by the denial OF the validity OF
his pardon"
| Gen. Tracy insisted that II the action
OF the Assembly in impeaching sulzer
was legal 1t might call itself together
without notice at any time In any place
and remove Judges by q two-thirds vote.
| The dictionaries, he said. defne Inn
parchment a. a mere accusation.
II assume that none here will say
that william Sulzer 10 not now Cover
nor. Am I rlght?" he asked.
Deputy Attorney General Norton re-
piled: Yes, he Is Governor. but his
functions are suspended"
Gen. Tracy then pointed out that the
Lieutenant could not b I'm
i peachsd unless there 10 . vacancy In
the of3os OF Governor. THE lAsutm-
ant Governor could empty every prison
In the STATE to-day and no could not
be impsachsd-for there 10 no vacancy"
he argued.
ROBIN SMILES As BATTLE FOR
PARDON aoEs ON.
During the proceedings Robin. smiling
at his feet. sat behind his counsel and
paid apparently little attention to the