New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-16
An Appeal to the Courts Must BE
Made in Good Faith and with
All Speed.

Failure of New York States two Governors 10
agree on basis of submitting case 10 the coui -
TO determine who shall act as CHER Executive penu
ing the decision of the Impeachment prWeeuins'
against Mr. Sulzer leaves the state IN a posi'io"
daily becoming unbearable state ueparF
ments are aligning themselves as partsahs Ill Tue
contest for place between Mr.. Sulzer ana Lieutenant
Governor Glynn Neghbor states are put TO haru
shin because this one has two claimants TOT 'he
t;overnorship The shame of having !; Governor
ACKNOWLEDGMENT though impeached by Tammany
Hall for obvious motives-s rendered more intoIer-
able by the chaotic condition now prevalent
Governor SuIzer and Governor Glynn are not well
advised i'm insisting giving TO the state an Illus
tration Of an irresistible force meeting an lnlmo'
able body Each side may be bolstered up d! III
Vulnerable learned lawyers crammed full OF WISE
points of law Each side may be takins It's course
only for the preservation of precedent and the con
,ervaton of the constitution. Yet the net result Is
chaos and the public wants none OF IT,
Manfestly the good sense of these gentlemen VIII
bring them to a realization that as the use OF force
opd arms is ont of the question. an appeal to the
courts is the only thing left and the sooner such
an appeal is taken the speedier VIII be the "e
csion Their good sense should tell thehi' too
that the public is in no mood TO witness scrailoie
for office and the powers Of Office in TINS particular
situation.
This issue must he tried in the courts. If the TWO
"Governors decline TO take it there. it will never
theless get there through the action of some oher
state official and they will have to meet it, one or
both of them There should be no unnecessary reu
tame and legal delay Governor Suzer can win no
sympathy by interposing technicalities as means
Of holding to the office to which he was elected
Tho icsnp
no can lose no rights there which his under the
constitution
Obviously if the Governors lawyers were able TO
obtain ruling from the Court of Appeals that tue
Assembly in extraordinary session had no power to
sdopt an impeachment resolution he would not neeu
10 Weld his office to any acting Governor nor wouo
he need now to defend himself against charges OF
periury. theft and misuse of official power 1t Is
tmpossible to see what good such a barren victory
would do TO William Sulzer He would be left III
office for n time il is true. but under cloud so
black. with charges so blasting remaining undls-
,roved that the situation would be all but unbear-
able to a man of keen and sensitive honor. 1t woulu
roorolr nostnone the time when he would have TO
face those charges either before the court OF lh-
reacbment nursuant to resolution adopted by the
Incoming Assembly or in criminal court 1t is the
Covernor's right however to raise this question II
he desires and if il can be determined promptly
without pettifogging delay the issue should be set
tied once for all.
Governor Sulzer will make a grave mistake, how
ever II he uses these constitutional issues as ODD
structons to the administration of justice Ihere
IS every desire among the voters of the state that
the Governor shall have his day in court and nave
81 under conditions of scrupulous fairness But an
issue has been raised touching the honor OF the
states GovernOr-whjch is to say the honor or the
state No technical distractions are to be thought
Of The issue mus. be tried. and tried promptly
and Justice done in accordance with the facts