Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-15
Conference to Be Held This After.
noon Between Counsel of Both
Sides With That End
in View.
RUM0Rs ARE FOUND BAsELEss
Dark Hints Of Strong Arm" Work
and Blood Getting in Near Future
Without Foundation-Want
Courts to Decide,
BY N. o. MESSENGER

ALBANY, N. Y, August 49,
About half-past II TODAY Frank
Z. Tierney, secretary to Lieut..
Gov. Glynn, appeared i'm the ante
room OF Gov. Suffers Office and
was shown Immediately into the
governors private Office. Mr..
Tierney bore the official demand
from Lieut.. Gov. Glynn for the
surrender of the executive cham
Der, the privy seal and all papers
and documents relating to the Of
flce of governor.
The letter was addressed TO
Gov. Sulzer simply as Hon. VIM.
Sulzer, Albany, N. Y" and was
signed by Lieut.. Gov. Glynn as
acting governor.
Mr.. Tierney took a seat and
Gov. Sulzer retired into another
room, where sat his counsel. with
Judge Herrick at their head.
Gov. Sulzer Refuses to Accede.
About forty minutes later the
governors private secretary re-
turned and handed Mr.. Tierney
Gov. Sulzer's reply, refusing to
accede to the demand. Mr.. Tier
ney departed in hurry with the
answer.
When Judge Herrick came out
he was asked by The Star cor
respondent what would be the
next step in the proceedings.
That is for the other side to
determine" answered the Judge.
will it contemplate court ac-
tion?"
THAT is in line with the sug-
gestion we made in our answer"
|replied Judge Herrick.
Letter Demanding sulzer Retire.
The letter demanding that Gov. Sui
zer retire was as follows:
I'm the performance Of the duty which
has devolved upon me by article {.
section 6. of the constitution, L Off
cially demand that you deliver and sur
render to me as acting governor. during
the period of your constitutional dis
ability to act as governor. the use.
possession and occupancy of the execu-
tive chamber and offices. and that you
leo 6aff and das
the executive privy seal of the state
Of New York, and also all books, pa
pers, records and documents In said
chamber or offices or elsewhere. In your
charge, possession or custody. relating
to or in anyWise connected with or
pertaining to the executive depart
ment. The bearer hereof is authorized
to receive your answer to this COM
munication.
Respectfully.
(signed) MARTIN H. GLYNN.
Acting Governor"
Lieut.. Gov Glynn did not at once mako
public the answer Of Gov. Sulzer to his
demand. but took it into conference with
his counsel.
After this interview with Judge Herrick
The Star correspondent sought Mr..
Dugan, counsel for Lieut. Gov Glynn.
Mr.. Dugan by this time had read Coy.
Suffers refusal to surrender the office
and had noted the proposition in the last
paragraph of the letter that the con-
Trouble to Reach the Courts.
That suggestion will be taken up at
once" said Mr.. Dugan. I'VE will confer
this afternoon with Judge Herrick and
seek to arrive at an agreement for bring
ing the matter into court for determina-
tion.''
This announcement by counsel for the
lieutenant governor is, of course. fmpor-
tant. because it means that the present
situation. fraught as II is with danger
of conflict as long as IT remains as n
has for the past twenty-four hours. is
to give way to orderly procedure under
court sanction.
There is still one feature to create
concern and that lis, Who is to summon
the courts into extraordinary session.
Sulzer or Glynn?
The question at once arises that il
Sulzer is admitted to have the power to
call the courts into special session. does
not that convey tacit admission that he
is still governor?
This Is the main proposition which will
be taken up by the counsel for the claim.
ants this afternoon.
Reply from Gov. Sulzer.
The reply of Gov. sulzer. addressed
to Hon. Martin H. Glynn. lieutenant
governor" said:
"Sir: Yours of August Id. demanding
that I deliver and surrender to you. az
acting governor. the use. possession and
occupancy of the executive chamber
and offices, and that / likewise deliver
and surrender to you the executive
privy seal Of the state of New York.
and also all books. papers. records and
In said chamber or Offices