The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-08-16
SULzER SUGGESTION
To TEST AUTHORITY
REJECTED BY GLYNn
Will Not Submit Question Of
Governorship to
the Courts
WILL NOT ATTEMPT
TO INDICT MURPHY
Statement That Sulzer Conten-
plates Backhre Against Tam
many is Denied by
Judge Herrick

ALBANY, N. Y, Aug. l5.-Counsel
for Governor Sulzer and Acting Gov
ernor. Glynn conferred this afternoon
on todays suggestion by Mr.. Sulzer
that test case be made in which
the courts would be obliged to decide
upon the legal incumbent OF the Of
fee of governor, pending the i'm
parchment trial.
They parted without reaching q
conclusion and without arranging for
another meeting. Ex-Judge d. Cady
Herrick. chief of counsel for the gov
ernor, said that they might get to-
gether tomorrow.
The initiative in the matter all came
from the Sulzer side. The conference
was held in the office of Ex-Judge
Edwin Countryman. who is represent
ing Mr.. Glynn.
The attitude of the opposing coun-
sci in the contest for the right to
executive authority is shown in the
comments made by Judge Herrick and
then by Judge Countrynan.
What They Think of Him.
81 think that MIR. 'Glynn's counsel
seem too willing to meet us halfway
in this matter" said Mr. Herrick.
Well" drawled Judge Country
man. we might meet them half way.
you know, and then not go any furth-
err. That's done some times"
Judge Herrick gave out the follow
ing statepent to the reporters Wher
he returned to his office:
Judge Countryman and I conferred
as to the manner in which test case
might he made. No definite conciu-
sion was arrived at. There will prob
ably he further efforts made tomor-
row, but at what time or place da
No Tho r,aa inc
ly harm onious, but neither side feL.
at liberty to commit themselves tH
either plan until conferences w!N-
their principals
The conference began at $50, wits
Judge Herrick. Judge Conntryme.
and Peter G. Dugan, another of MI.
Glynn's lawyers, and a personal
friend. present Mr.. Herrick spent
the early afternoon automobiling and
when he got back he started for Mr..
Countryman's office.
At the conference conversation at
once turned upon the ground for a
possible test case. Judge Herrick told
why he had come and Judge Country
man. his DID friend, said hem" Then
the plan, previously suggested by the
Sulzer adherents of having an agree
ment as 10 facts by counsel for both
sides. presented to the appellate di-
l.,
troduced and discussed
Another Plan.
From there the conferees passed on
to the other plan. which has also been
suggested before. of having Governor
Sulzer pardon prisoner at Sing Sing,
having his friend Warden Clancy re-
fuse the pardon. and then suing out
a writ of habeas corpus to secure the
release.
The difficulty with this idea, for the
Sulxer people, Is that Secretary OF
State Mitchell May. who announced
today that he would take his orders
from Acting Governor Glvnn. might
refuse TO attest the pardon and null
lify 1t. To put this plan into effect
the Glynn lawyers would have to
agree that Mr.. May should attest the
document, They did not make this
concession today. Whether they will
inclinations and the persuasive pow
ers of Mr., Herrick and his associates.
The third proposal to be taken up
was an agreement on a means to have
the situation taken before federal
court. That was not gone into very
deeply and probably will not be con-
sidered at all at further conferences
IL any are held. The solution of the
difficulty revolves around the pardon
and the agreement as to facts.
The once suggested proposition that
Mr.. Glynn might take means to have
Mr.. Suffers salary payments OF $833
a month stopped was eliminated when
the acting governor made II known
that he would take no such step until
the impeachment trial ended.
Couldn't Re Done.
Sulzer lawyers say ii could not have
been done anyhow, because they say
that Mr.. Sulzer is still governor Of the
State, no matter what may be alleged
otherwise.
The general opinion tonight Is that
the Sulzer lawyers have mighty hard
row to hoe, so far as testing the right
of either the governor or the acting
governor to exercise the executive
prerogatives is concerned. The
merits of their defense at the impeach-
ment trial is another matter that has
not been gone into thoroughly yet.
Martin Fl. Glynn, sent to William
Sulzer tonight a letter in which he
the question of who is the rightful
governor OF the State of New York. He
said:
Il shall perform every function Of
the office OF governor except In so Tar
as l am restrained by your illegal
actions or by physical force"
He also says that at is beyond my
power to barter away any or the
functions attaching to the office In
which I am placed by your impeach-
ment." he contends that the court OF
appeals to which Mr.. Suizer wants the
issue submitted. has no right to in-
terfere In impeachment proceedings.
The letter was delivered to Mr..
Sulxer at the executive mansion -
$50 tonight. by Mr.. Giynn's secretary
Frank A. Tierney.
MFR. Glynn, with this letter. answerU
the question which everybody II
Albany had been asking all. afternAon.A,
what he was going to do abCuk ~.
sulxer's proposal that the lawyers tng
both sides get together and aEfAnQ1 IN
test case TO 81 lala hsfore exenn