The Fargo forum and daily republican., 1913-08-16
NEW YORK CASE
INTERESTS POOLE
GEN. T. n. POOLE DISCUSSES IN
\ TEREsTING PHASES OF Gov
ERNoRsHlP CONTROVERSY IN
NEW YORK IN CONTRAST WITH
WISCONSIN CASE.

Gen. T. II. Poole OF Bismarck was
in the city today on business and dis
| cussed some interesting phases Of the
| controversy in New York over the
governorship and it's parellel to the
recent dispute in Wisconsin and his
own case in North Dakota.
i am particularly interested in the
controversy now going on in New
York between Governor Sulzer and
Lieutenant Governor Glynn,' said
General Poole. Caused by the i'm
parchment of Su1zer, both are acting
as governor, according to the morn
ing papers, and Glynn says that he
Will continue to act unless interfered
with by the courts Or by physical
force ,E..
THAT indicates that Glynn does not
intend to attempt force to take the
office and Sulzer is not fool enough
to attempt to usurp military power not
given him by statutes or physical
power to dispossess Glynn.
You will recall the episode in
January, 1909, when Governor Burke
called for the armed forces to take
the adjutant generals Office from me
and organized the court martial to
try me for not turning over the office
at his command. 1t was what Gov
ernor Glynn termed the other day as
a. circus or military maneuver.' The
supreme court by a divided opinion,
muchly divided, said my contention
regarding the constitutionality of the
law fixing the term of office Of adju-
tant general was wrong, but by a
unanimous opinion filed later, held the
governor had no authority to resort
to military court because 1t had no
jurisdiction.
Another interesting case along this
line decided the other day in Wiscon-
sin and reported in the advance sheet
of The Northwestern Reporter of Aug
8, was Ekern vs.. McGovern," continued
| Mr.. Poole. "In this Governor McGov-
ern of Wisconsin had one of his clerks
! file charges against Insurance Com
| missioner Ekern for political activity
and then tried the case himself and
removed Ekern from office.
"Ekern would not remove, so the
governor made an appointment took
| the superintendent of the capitol and
| a force of janitors and attempted to
! throw the commissioner out and install
| his appointee. They threw books
through the glass doors and attempted
| to break them down, acting like ruff
| fans.
"The governor was responsible for
the action. The governor knew better
| than to attempt to call the militia.
Before they got in, the court served
an injunction on the governor and it
was tried out in the supreme court. the
court holding that the governor usurp-
| ed power, violated the laws and the
constitution of the state by his actions,
and that an injunction would lie
against a governor if he was guilty of
wrongdoing or usurpation of power,
and said many harsh things in the
opinion with reference to the use of
arms in such a controversy saving
also the spectacle of claimants to high
and important public office engaging
themselves at fisticuffs over who shall
have possession and this at the very
portals of the public courts is not in
harmony with, the policy Of the law,I
and further that none are so high as
to be above the law and none so low as
to be entitled to it's protection and
that the courts have done away with
the ancient theory that the king can
do no wrong and cannot be reached.
"We will watch New York"