The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-09
WRIT NAY BE SUSTAINED.


KINGSTON. y. ". Sept. s.-Justlce Has
brouck Of the Supreme Court here may
sustain Gov. Sulzer's pardon OF Joseph q.
Robin. This was the general opinion en-
tertained at the close Of the hearing oil
the convicted bankers writ Of habeas cor
pus this afternoon .1-,.F,
Justice Hasbrouck announced that he
would hand down his decision later The
question which the court must answer in
determining whether the writ shall be up
held or dismissed is Was william Suixer
on August 30. when he pardoned Robin,
entitled to exercise the powers and fulfil
the duties of the Governorship. or were
those functions invested at the time in
Lieut.. Gov. Glynn by reason OF the i'm.
parchment articles having been filed prior
to that day?
The impression preva,is among lawyers
who attended the Session to-day that in
addition to deciding that point Justice
Hasbrouck will express himself on the
validity Of the Assernbly's action.
At the very outset Of the hearing Jus
tice Hasbrouck raised the Gubernatorial
issue by stating that the validity OF the
pardon was the sole point before him for
adjudication.
Attached to the application for the
writ OF habeas corpus" he said. was a
copy OF a pardon signed by one william
Sulser and bearing the seal OF the State
OF New York. Taking that into consider.
alton issued the writ
Warden Hayes Of the penitentairy on
Blackweirs Island refused to honor the
pardon. Counsel for Robin sought the
habeas corpus writ on the ground that
Robin was being illegally detained in the
Corporation Counsel Wat
son Of New York city appeared for War
den Hayes.
state Argues Against sulser.
Both Corporation Counsel Watson and
Deputy Attorney General Norton insisted
that the Assembly had been within Its
legal rights when the articles Of i'm
peachment were voted and that conse-
quently Gov. sulzer had no power to grant
a pardon to Robin. Former Congress
man william 8. Bennett supported Gen. |
Tracy while Assistant District Attorney
John X. Clark Of District Attorney Whit
mans stan defined the New York county !
neutral. although coinciding. |
view. with that OF the Attorney General |
and the Corporation Counsel.
Lynn ]. Arnold. publisher Of the AL |
bany knicksrbocker Press. demanded to |
be heard as representative Of his paper. |
but Justice Hasbrouck declined to hear |
him in that capacity.
When the hearing came to an end |
Justice Hasbrouck announced that any
briefs which either side might desire to
submit to him would have to be handed |
IN befors Thursday. Robin was then re- I
nanded to the penitentiary despite the
Efforts OF MIR. Bennett to have him ad-
nitted totbaii.
Gen. Tracy's Argameat.
Gen. Tracy In presenting Robins side
Il the case declared In some respects II
vas the most important case Of his sixty
wo years at tho bar.
1.-The question here 10 whether the As
embly can convene of ts own accord
nd impeach the Governor--not In q rek-
liar session. but In an extraordinary one
allied into being by the Governor" he
aid. I'VE contend that the Assembly
annOt do that under the law.
"The Assembly cannot reconvene Of its
wn motion after the Legislature has been
djourned sine die. The Legislature ses-
lon was ended when II adjourned with
ut day. The Legislature has no power
o legislate In any manner except In an