New-York tribune., 1913-08-16


ernor OF the state is not authorized 10
act as Governor in case OF the I'M
peachment Of the Governor unless such
impeachment is sustained.
For the purpose OF preventing any
unseenly struggle. suggest that coun-
sa for the Lieutenant Governor anc
for myself agree upon method OF SUD-
mitting the question to the courts ior
decision, and for that purpose that
extraordinary sessions H the courts be
forthwith called. in order that a speedy
determination may be had
Tammany Playing Unfair Game.
Tammany men were busy yesterday
circulating the rumor that Mrs. Sulzer
was not actually as sick as had been
stated, and that the public statements
that had been issued along that line
were deliberately designed to create
sympathy. In this they were willing
TO admit that they were breaking the
rule of political warfare. as interpreted
even In Tammany, that the name or a
woman should never be dragged into
political fights. but they insisted that
this phase of the subject was opened
up by the Sulzer side.
The Governor was so incensed at the
circulation of these rumors that he
spoke about it openly on the steps or
the Capitol to-day in the presence Of
the newspaper men and despite
the demands from his counsel that he
decline to say anything in public at
present.
In spite of the apparent opening OF
hostilities on the political side OF the
fight by the exchange Of formal letters
between Glynn and Sulzer to-day the
situation remains practically as 1t mas
for the last few days, that "one's afraid
and the other dasn't."
Mr.. Glynn signed one extradition
paper to-day as acting Governor, and
while the fact was known in the Sulzer
camp, Sulzer did not dare to call Glynn
TO account for such a flagrantly de-
fant action according to the Sulzer
viewpoint. And. on the other hand'
Sulzer also signed an extradition paper
which fact, known in the Glynn camp,
did not provoke or induce any idea OF
Glynn calling Sulzer TO account for
usurping the privileges of the acting
Governor.
If either man was secure in his posi-
ton. and If either had been absolutei!
assured of his own right to the once
of Governor. the extradition action by
the other could have been MADE the
basis for a showdown. but> "one was
afraid and the other dasnt.'
Wild Rumors AHoat.
With the two Governors" treadlns
warily about TO avoid anything thdl
might precipitate an affirmative action
by the other. the "rumor circulatorS
carried matters along to the summer
silly season stage, and the widest
stories were listene TO with eager ears
Chief among them all along this line
was the theory started by Sulzer eH-
thusiast who had previously acted as a
sort Of publicity agent for the Governor
that Sulzer would move TO seek an IN
dictment for treason against Charles
+. Murphy and Speaker Smith and the
bther Tammany leaders who put over
the impeachment.
Judge D. Cady Herrick, personal
counsel and spokesman for the Gov
ernor, regretted to-day that such
stories were given circulation, because
he thought it would hurt Suffers cause
with the public. and condemned the re-
port as the veriest rot"
The formal letter Of demand from
Glynn TO Sulzer, which opened the
days developments, was delivered TO
the Governor by Frank a. Tierney,
secretary to the Lieutenant Governor
Judge Herrick was with Mr.. Sulzer at
the time. Mr.. Glynn's legal advisers,
Judge Edwin Countryman and Patrick
c. Dugan, collaborated with the Lieu
tenant Governor on the letter.
b Mr.. Suffers reply was delivered to
Tierney before he left the private office
of the Go"ernor, after a forty minute
wait
Mr.. Glynn signed himself as acting
Governor" but Mr.. Sulzer addressed
his reply TO him as Lieutenant Gov
ernor," and from that stage on tho
moves, slowly work ID out as they were.
were looked upon by the lawyers fol-
lowing the fight as veering slightly Ill
Mr.. Glynn's favor.
Herrick Asks for Conference.
In the afternoon Judge Herrick asked
for meeting with Judge Countryman.
The explanation given was that the
Judge was the senior counsel engaged
in the case. but the fact was that the
attitude Of the Glynn men was openly
indicated in even so small q move as
that-namely, that when Suffers law
yers suggested a meeting the Glynn
lawyers took the position that they
would confer only II Sulzer's lawyers
came TO see them in their office.
The brief statement from Judge Her.
rick after the meeting embraced prac-
tically nothing except the hope that
there would be further conferences, and
that hope was dashed to the ground
with the issuance Of the final letter
from the Glynn camp late tonight.
Judge Countryman. Mr.. Dugan and
myself had conference" Judge Her.