Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-14
New York Supreme Tribunal
Says Impeachment Body
Alone May Act.
GOVERNOR NOT TO RESIGN
IS STATEMENT OF COUNSEL
Chairman Levy Repeats Charge That
Inquiry About Dropping Pro-
ceedings Was Made.

ALBANY, N. Y, September 13-The
supreme court of New York state is
powerless to Interfere with the preroga-
tives of the court Of impeachment which
Is to convene next Thursday to hear the
charges filed against Gov. William Sulzer.
The impeachment court not only has
the right to judge the guilt or innocence
of the accused executive, but also has
authority to determine the validity of the
action Of the assembly in adopting arti-
cles of impeachment.
Once impeached, Gov. Suffers execu-
tive functions were transferred auto
matically to Lieut.. Gov. Gynn until the
Impeachment court has passed upon the
charges.
Supreme Court Justice Chester so de-
cided today in denying an application
made in behalf of Samuel Fowler Of
Rensselaer, for a writ Of prohibition de-
signed to prevent the court of impeach-
ment from hearing the Sulzer charges.
Fowlers attorneys served notice that
they would take an immediate appeal.
but the case Is not expected to reach the
court OF appeals before the impeachment
trial begins.
The proceedings were instituted as q
taxpayers action to restrain the inn
parchment court from converting on the
ground that the assembly could not le-
an extraordinary session.
No Intention Of Resigning.
Gov. Sulzer has no intention Of re-
signing. according to his counsel. d. Cady
the statement today by Assemblyman
Of managers, in charge Of the impeach-
- al.
to Mr.. Levy in New York:
II see from press dispatches that you
state q prominent New York lawyer has
come to you direct from Albany with
this question: IL Gov. Sulzer should re-
sign would the Impeachment proceed
ings be dropped?'
II ask you what the name OF that
stating q lalsehood or you have been
imposed upon. Gov. Sulzer has no in
tention Of resigning.'
Levy Repeats His Charge.
NEW YORK. September l3.-when
Chairman Levy learned this evening that
D. Cady Herrick. the governors counsel.
had denied that Mr.. Sulzsr had any in
tention Of resigning and had sent him a
telegram asking him to name 1.-The prom
inent lawyer referred to, he said:
Il win repeat that a prominent New
York lawyer who has been a friend Of
Gov. Sulzer for years came to me this
morning and asked II 1t could be ar
ranged to drop these proceedings II Gov.
Sulzer would resign. This man told me
that he had had q talk with Gov. Sulzer
in Albany recently. Whether he was
speaking to me as q representative Of the
governor I don't know. but it is not q
falsehood that he asked me the question
4 have mentioned. l will not disclose his
name unless he releases me from the con-
fidence he imposed upon me-"
Denies $5o.000 Brewery Story.
Charles Dersch denied tonight that he
had made a statement to the Sulzer i'm
parchment managers about having coll
lected $4,000 for the Sulzer campaign.
1T talked to Mr.. Kresel. Of counsel for
the board Of managers. Friday" said Mr..
"I talked to Mr.. Kresel, Of counsel for
Charles A. Stadler and some Of his
friends. all Of them friends Of Gov. Sui
zer, had made up little fund to con-
tribute to Suffers campaign fund. 1t
was about 1000 certainly not more than
81, zoo I took the checks down, a few
checks. and really acted as the messen-
ger In taking the checks to Mr.. Sulzer.
That was all there was to my testimony"
Mr.. Dersch said the naming Of sum
anything like $50 600 was preposterous.