New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-06
SULZER IN TANG[E
OVER FILLING OFFICES
Trying to Find Precedent for
Making Appointments Before
Legislature Adjourned.
WILL STUMP ENTIRE STATE
Conference To- morrow to, Out
line Campaign for Direct
Primaries and Fix Date
for Extra Session.
LBy telegraph TO The Tribune.l

for Extra Session.
IBy Telegraph to The Tribunel
Albany. May 5.-Governor Sulzer mas
not only got the Democratic organization
leaders guessing, but is in legal tahsle
himself concerning recess appointments
for positions he failed TO fill before the
Senate adjourned. or for which the SEN
ate refused to accept his nominees lie
and his legal force are working overtime
trying to find some precedent or legal
technicality by which he can make APP
pointments to positions. the terms or
which expired before the session Of the
Legislature adjourned. The general in
( depreciation put on the public officers
/ law is that this cannot be done.
/ The Governor said to-day that he mad
not accepted the resignation of Frank w.
Stevens, of Buffalo. chairman of the "a
District Public Service Commission, ana
he takes the ground that until he does
there is no vacancy. MIR. Stevens. on the
other hand, takes the position that he Is
no longer connected with the state SER
vice and that the vacancy on the chair
manship existed on May , when he an
nounced his resignation was to 80 into
effect
To Make Recess Appointment.
It is known that the Governor intends
to make a recess appointment to fill TINS
position. in any event. and wait TO see
whether anybody will challenge his right
afterward. The appointment, however
may not be announced until after the
extra session. which. it is expected. Will
come in June. The Governor is not sure
about the right of the Senate i'm extra
session 10 throw out his recess appointees.
This IS another legal question he is hay-
ing looked up.
The faithfulness Of George Palmer,
Democratic state chairman, 10 the Tam
many organization. under present indica-
tons has cost him the $1,000 a year JOB.
Mr. Palmer would not stand for the Gov
enors direct primary bin. Daniel ID.
Frisbie also of Schoharie County IS now
looked on as the Governors choice for
the place. He has been one Of the most
active advocates of the Governors primary
scheme. and his enthusiasm keeps bonn
about the executive chamber a large part
Of the time.
L
day on vacancies. but it is known that
hc would like 20 make John Mitchell and
Eugene StrOuse. Of Watkins. whom the
Senate refused 20 confirm for State Labor
and Hospital commissioners. respectively
recess appointees for those positions lie
stIl hopes 90 ind his way clear 20 do so.
Fiddler May Accept as Prison Head.
Herman RidIcr. OF New York. who was
confirmed as State Superintendent oi
Prisons arrived In Albany this afternoon
and consulted with the Governor over the
auuointment Just before the conference
the Governor said be did not know
whether Mr.. Riddcr would accept the
position or not and neither would discuss
10 aftcrward. 1t is believed that MI
Ridder will accept the position and hold
&c until after the extra session, and then
turn IL over 10 a chief clerk, which he
has the right 10 do. il is understood,
under the Jaw. owen l.. Potter Who has
been acting superintendent since the re-
moyal of Joseph +. Scott will probably
be the chief clerk Mr. Ridder will re-
main at the Peoples House tonight
The friends Of the Governors direct
primary bin will hold a conference in the
Executive Chamber on Wednesday after
noon, when plan Of action TO arouse
sentiment for the bill throughout the
state will be mapped out. a committee
will be appointed TO arrange for series
OF meetings. at which the Governor Will
speak lie said to-day that he would
place himself at the disposal Of the COM
mittee and make one or five speeches
night If called on. lie expects 20 make
addresses in every section Of the state.
and scores Of other speakers will aid
him.
The Governor has received n request 10
reserve May 70 for Buffalo. He will ask
the committee in charge OF his speaking
tour to arrange his plans so he may ac-
cept this engagement.
To Decide on Extra Session.
The conference on Wednesday will de-
eide on the date for the extraordinary
session. which probably will be held in
june before the machinery is set In mo-
ton for the fall election The bill, de-
feated by the Legislature. may be
changed before the extra session.
I'VE may be able to prepare better
bill" said the Governor.
II was announced to-day that a COM
panion bill TO Governor Suffers measure
is being prepared II would restrict the
amount OF money to be expended by a
candidate for nomination. II also is pro-
/ posed to invaldate any nomination or
election where it IS shown the candidate
exceeded the stipulated amount.
! The bill is TO be patterned after laws in
4 effect in England Canada and thirty-nlne
states i'm the United States where direct
/ primaries are held.
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