The Madisonian. (Richmond, Ky.) 1913-1914, 1913-09-23
LOSES FIRST FIGHT
suLzER PLEA TO DUST FRAwLEY
BOARD MEMBERS ON ELIoI5lL-
tTY POINT DENIED.
WILL BAR TECHNlCALITIES
impeachment Body to Halt Evasion Of
Chief issue-Accused Executive
Finally Yields Office to Acting
Governor.

Albany. N. Y, Sept 22.-Followipg g
the conclusion of the second session
of the high court of impeachment con-
liam Sulzer to continue as governor
of New York two important points
seem to be established.
The first is that II Is the purpose
of the 4S senators and nine appeals
Judges sitting in judgment on the In
dictment returned against Mr.. Sulzer
by the state assembly, to prevent eva
sion of the main issue involved In the
proceeding and that all legal techni-
calities, even when based upon the
fundamental rights of the accused gov
ernor to seek vindication, shall be
swept aside in order to arrive at his
guilt or innocence.
The second development of Friday
bore only collateral relation to the
undertakings of the high court. The
suspended governor himself provided
It by recognizing Martin n. Glynn. the
lieutenant governor, as the acting gov
ernor of the state.
Mr.. Sulzer, who did not appear be-
fore the high court or in the regular
office of the governor, delegated his
secretary, Mr.. Platt. to advise Mr..
Glynn of his decision to refrain from
performing further the acts or the
executive until his fate shall have
been determined by the high court Of
impeachment
In a letter to Mr.. Glynn. who occu-
pied the temporary Offices provided
for him by the legislature following
the refusal of Mr. Sulzer to abdicate
on his indictment by the assembly,
Mr. Platt turned over to the acting
Eovaruor naDeIN Waiting TO -tiny
extradition proceedings and documents
concerning prisoners whose terms are
about to expire through Communication
of sentence.
In his letter to Lieutenant Governor
Glynn Mr.. Sulzer explains that he
had taken such action because of re-
cent decisions of the supreme court
that the executive functions should
be performed by yourself as acting
governor"
The version furnished by Mr.. Sui
zer's supporters is that In recognizing
the right Of Mr.. Glynn to exercise the
duties of governor pending the i'm
peachment trial he was actuated sole
ly by desire to promote the business
of the state government, which has
been virtually at a standstill since Mr..
Sulzer was indicted on August Is.
Counsel for Sulzer lost the first
skirmish In a legal battle to prevent
the accused executive from coming
to trial. Their objections to permit
ting four senators to sit as members
OF the court were overruled
William Sulzer, governor of New
York, charged by the assembly with
high crimes and misdemeanors, failed
to appear In person before the high
court of impeachment when 1t con-
vened Thursday to begin the trial
which will determine his guilt or In
nocence. Instead, his attorneys en-.
tered a special appearance" in the
governors behalf and challenged the
organization of the court and its juris.
diction over the accused.
Inc assembly Ut Hisnt adopted u
resolution offered by Majority Leader
Levy calling for the arrest Of James
C. Garrison for alleged contempt In
refusing to answer questions before
the judiciary committee concerning
statements attributed to him to the
effect that money was used to infiu-
ence votes of certain members In
bringing about the impeachment OF
Governor Sulzer