Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-08-21
AttOrney-General of New York
State Renders His Official
Opinion.
SUFFERS POSITION WEAKENED
Constitution Is Freely Quoted
to Sustain Legislatures
Rights of Impeachment
of Governor.

Glynn is the lawful chief executive of
New York state pending the outcome of
Impeachment proceedings against Gov
William Sul2cr, according to an official
opinion rendered to-day by Attorney Cen
cral Thomas Carmody 20 Secretary of
state Mitchell May. Mr.. Carmody holds
that sthe Assembly was within it's rights
in instituting Impeachment proceedings
at an extraordinary session
When the Governor is impeached by
the Assembly," says the opinion, "all
of his powers are automatically suspended
until ne has been acquitted or the i'm
parchment proceedings dismissed by the
court of Impeachment. In the meantime
the leutenant-govcrnor acts as Governor.
This is the plain intent of the constitu-
ton. Any other construction would null
ify its express provision"
With reference to the authority of the
Assembly to initiate impeachment pro-
ccedinss, the Acknowledgement says:
1T is my opinion that if the Assembly
was not assembled, either i'm cxtraordin-
any or regular session, it might assemble
itself and proceed to the discharge of
its powers in this regard. Otherwise the
Governor of the state could prevent the
Impeachment of himself and his friends in
office for crimes however great, after
the adjournment OF the regular session
of the LEGISLATURE by the simple process
Of emitting to call the Legislature in
session"
Neither Governor Sulzer Lieutenant
Governor Glynn, or their counsel would
discuss the attorncy-generals opinion to-
night.
,rt1Av. ,,r,>..rt-t2 or ATTENTION
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.'',.,.,, ,.1 .t,a ,+,.-,,,a 80 ,,o ,,t'i,.,
.t,,n1s,,. hoar1 ~ anon hi1s for r.con-
struction work in the capitol The bids
for capitol construction were opened In
Mr. Suffers presence by Chester c. Platt,
secretary of the board, an opinion having
been rendered by tie attOrney-gcueraI
Office that such action met legal require
ments Although one of tn" points Gov
crnor Sulzer has raised respecting the
Legislature is that it had no right to con-
duct any business whatever in the alb
soncc of a quorum, hit was the only men,
Der present at this board meeting and
conducted the entire proceedings.
The expected meeting, in this con-
ncctiou. of Mr.. Glynn. as acting gov
ernor, Senator Wagner as lieutenant
governor. and Speaker smith of the
Assembly did not occur Mr.. Clvnn
declined 10 say if a date had been an
nointed for such a meeting adding
that If made littlr difference. as =
considerable time must Intervene no
ror, co,,troc+s on, ho a,.,rl,d Dur-
trc tho d,, he ,i,,,.d some onicia,
dncr,,.rts irn1riir,, no,,ors Gas. ,bo
a,.,.a1i.tl. - >,,.,,.. W., .,.,,
or g., t,,a ,1i.a,,,. tat, .,,a.,roi ,,.i.h
r,.r
NEW bCf" SENDS LOW hf'H'
Late i'm the afternoon huge floral
design was taken to the executive f,
chamber labelled "Newburg's tribute |
to Governor Sulzer; $500 If you need |
it,"
The official notices converting the !
state canal board in session to-mor-
row refer to Senator Wagner as act
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sr,n, +b, ro,, Of .t, a,.,,, ,,,och,,ar,. ~
nolic,. ,1onted bv Mr. sum. -, scroon-
inc ris orciol oote rror, tbo nuhl,c wac
rirldly adhered TO
Acknowledgement Car1nody', opin,on
with refernce to the status of rhe gov |
crnorship and the authority of the
Legislature lays Downs these principles |
of law:
After thu impeachment OF the gov
error by the assembly the powers and /
luties of the office devolvc upon the
acknowledgements until the disability
shall cease
INC term IMPEACHMENT Is USED IN
th's connection IN KS Ordinary sense ana
i''amS tho pr'Soh'dtion OF charges
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Ncn'" III eN""Oi''''"is seSSlo" LOT 'tner
IMPEACHMENT TAKES POWERS
In support of his contention the attor-
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