The San Francisco call., 1913-08-14
Irnpeached Executive Sits
Tight in His Chair and Re
fuses to Vacate Place to
Lieutenant Governor Mar
tin H. Glynn, Who Claims
Place-Legal Battle Sure
SEVEN LAWYERS TO
DEFEND GOVERNOR
Senate Fixes September 18
as Date for Trial-Mrs.
Sulzer Withholds State
ment for Witness Stand
Husband Says She Will
Not Be Allowed to Testify


ALBANY, n. Y. Aug. 15.-with Gov
ernor sulzer impeached by the assem-
bly, and the date OF his trial before the
senate and the judges of the court of
appeals fixed sfor September Is, the
spectacle was presented tonight OF two
men claiming to be governor of the
state of New York.
As soon as the articles of impeach-
ment. adopted at an early hour this
morning by the democratic ma ajority in
the assembly. were presented to the
senate, shortly after o'clock this aft
ernoon, Lieutenant Governor Martin II
Glynn announced his intention of occu-
pying the executive chamber.
Friends OF Governor Sulzer said that
the governor intended to continue in
office and would use every weapon in
his power to maintain his position. on
the ground that the assembly had no
constitutional right to consider i'm
peachment at Its extraordinary session
Some asserted that the governor
would go so far as to summon military
protection If necessary. to prevent the
lieutenant governor from occupying the
executive chamber.
d Cady Herrick, who will act as
chief counsel for the governor at his
trial. said tonight that talk of resort
to force is the merest rot"
WILL. MEET CHARGES
He will meet the charges against
him In an orderly and dignifed way,
the lawyer said, "and will do nothing
unbecoming the dignity of the state. He
will engage in no physical scramble to
assert his rights to discharge the func-
tions of the office of governor
The governor himself was silent.
When he left his office in the capitol at
6 o'clock tonight, where he had been
closeted the. entire day. he was asked
If he expected to return tomorrow.
Yes Stree" he replied, in angry
tones
So far as could be learned no attempt
was made by Lieutenant Governor
Glynn in any way to exercise the func-
tions of chief executive today, but there
was every indication that there would
be a clash of authority tomorrow when
both men appear at the capitol.
The lieutenant governor would not
indicate tonight what action he pro-
posed TO take. except to say that there
would be mo circus or military ma
neuvers about occupying the executive
chambers; the law is supreme"
QUESTION OF LAW
The inaction of Lieutenant Governor
Glynn in the matter was in the face of
arguments given expression both in the
senate and in the assembly today, that
at the moment the articles of impeach-
ment were presented to the senate. Gov
ernor Sulzer automatically ceased to be
the chief executive.
This contention was based on an ar
ticle in the constitution which says that
''in case of impeachment of the COVER
nor the powers and duties
of the of1ce shall devolve upon the lieu
tenant governor"
1t was held by the majority leaders
that the word impeachment" corre
sponded with the word indictment in
the meaning of the constitution. the
governor already stood impeached, even
though not yet convicted. and was.
therefore, not now eligible to hold his
ONCE.
These arguments were placed be-
10 l1xv
democratic, leaders early in the after
noon, but Governor Suizer was not
molested. A few minutes after the
governor left his Office Patrick E. Nc
Cabe, clerk of the senate, appeared at
the executive chamber with a copy of
the articles of impeachment and a sum-
mons and complaint which he intended
to serve upon the governor.
When informed by the governors
secretary that he had missed the COVER
nor by scarcely a minute McCabe asked
for an appointment tomorrow. Secre-S
tary PIatt replied that the governor
would be at the executive chamber at
he would try to arrange matters for
that time.
WILL PRESENT CLAIMS
1t seemed practically certain tonight
that the governor and the lieutenant
governor would both resort to legal
tests OF their respective claims in the
courts. which, in the history of New
York state. have never been called
upon to hand down an opinion which
would act as a precedent. Rumors of
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