The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-08-16
BOTH CLAIMANTS
ARE DETERMINED
Wife of the Impeached New
York Official in Critical
Condition; Doctor Has
tily Summoned.


Glynn checkmated tonight the move
ment Of William Sulzer to invoke the
arbitrament of the courts on the ques-
tion as to which Of the two is the pres
ent lawful chief executive Of the state
of New York
Replying to formal proposal by the
impeached executive to submit the is.
sue to adjudication on an agreed state.
ment of facts, Mr.. Glynn tonight de-
clared it was beyond his power to
fbarter away any of the functions at
taching to the office in which l am
placed by your impeachment.
"Any attempt on my part to do So y
he said. cor to stipulate method by
which it might be done would properly
place me in the position YOU now occu-
py-that of being impeached for NAL.
feasance in Office
Mr.. Glynp declared further, that he
proposed to perform every function OF
the office Of governor "except insofar
as [ am restrained by your Illegal action
or by physical force The announce.
ment of the lieutenant governor poll
cy came late tonight and followed uego-
tiations between the respective counsel
of the two men in the late afternoon
which it was then supposed had resulted
in a virtual agreement to take the case
| 10 the court of appeals
Glynn's Letter.
Mr.. Glynn g letter, addressed to the
"Hon. William Sulzer,' and signed as
| Acting Governor follows:
Dear Sir: 1 have your letter of
this date refusing 10 comply with
my demand this day served upon you
that you surrender to me. your sue
cessor I'm exercising the functions of
the office of governor. the governors
privy seal. the executive chamber
and the books and papers appertain-
Ing 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 entitled to en-
| ercise the duties OF office.
| I know Of no way by which 7 could
make, and no condition that would
Justify me In making any such stip-
ulation, The constitution was de-
signed to, and T am advised and be-
lieve does specifically and completely
cover the juncture now existing. and
| is supplemented by statutes provided
| by the legislature and now in force
Beyond His Power.
It is beyond my power to barter
away any OF the functions attach
ing to the office In which T am placed
] by your impea achment Any attempt
on my part to do so or stlpulate n
| method by which 1t might be done,
| would properly place me in the po-
sition you now occupy-that OF be-
ing impeached for malfeasance In Of
fee. I cannot and will not attempt
to do II,
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 Il could render would have the
slightest binding force upon this
| high court. No member OF the court
OF appeals: certainly no member Of
| lne lower body. the supreme court,
can In any degree nor under any
! circumstances interfere with the ju-
| risdiction 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
Attempt Futile.
The decision Of the court OF inn
parchment. 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 proceed
| ings bf such court of impcac chmeut
| by any member OF any lower court
| would be futile as would any at
tempt Of justice OF the peace TO en-
Join the chief Judge OF the court OF
| appeals from exercising his functions
| as such chief judge.
| The constitution has fixed this as
the only way for tho settlement OF
tho matters now pending. | know
or no other, and ] must, therefore,
decline to enter Into any stipulation
| whatever with you the subject.
| hold myself in readiness TO per-
| form. and shall perform. every fuDc-
| tion OF the office OF governor, except
! insofar as i am restrained by your
Il illegal action, by physical force.
i The letter was delivered to Mr.. Sui
zer at the executive mansion tonight.
q