South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-08-14
SuIzer Says He Will be Back on
the Job Today, While Lieut..
Gov. GIynn Says He Will 0C-
Cupy Executive Chamber.
MRS. SULZER IN CARE
OF FOUR PHYSICIANS
Wife Who is Alleged to Have
Taken the Blame for I'M
peaChment, May Testify
When Trial is Called.

ALBANY. y. Y. Aug Il. - With
Gov. Sulzer impeached by the as
sembly and the date OF his trial be-
fore the senate and the judges Of the
court Of appeals fixed for Sept IS.
the spectacle was presented Wednes-
day night Of two men claiming to be
governor of the state of New York
AS soon as the articles of impeach- !
ment, adopted at an early hour We'd |
nesday morning by the democratic
majority in the assembly were pre-
sented TO the senate, shortly after
o'clock Wednesday afternoon, Lieut.. |
Gov. Martin II. Glynn announced his
antention OF occupying the executive
chamber
Friends OF Gov. Sulzer declared !
that the governor intended to contin- |
ue In Office and would use every
weapon in his power TO maintain his |
position on the ground that the as
sembly had no constitutional right TO |
consider Impeachment at its extraor-
dinary session.
Some asserted that the governor
would go so far as TO summon mill !
ttary protection if necessary TO pre- |
vent the lieutenant governor from Oc
cupying the executive chamber.
Judge d. Cady Herrick. who will
net as chief counsel for the governor
at his trial. said Wednesday night
that talk OF resort 10 force is the
merest rot"
WIN Meet Charges.
He will meet the charges against
him in an orderly and dignihed way" !
said Judge Herrick, and will do |
nothing unbecoming the dignity OF
the state He will engage in no phys |
ical scramble to assert his rights TO
discharge the functions OF the office
of governor"
The governor himself was silent. |
When at o'clock Wednesday night !
ne left his office in the capitol, where |
he had been clOseted the entire day, /
he was asked if he expected to return |
Thursday.
yes stree" he replied. in angry
tones.
So far as could be learned. no at
tempt was made by Lieut. GOV. Glynn |
in any way 10 exercise the functions
of chief executive Wednesday, but !
there was every indication that there !
would be a clash of authority Thurs |
day when both men appear at the !
capitol The lieutenant governor |
would not indicate Wednesday night !
what action ne proposed to take eX-
cept to say that there would be mo |
circus or military maneuvers about |
occupying the executive chamber; the !
law is supreme
Claim Sulzer is out.
in the matter was in face OF argu- |
ments given expression both in the |
senate and in the assembly Wedres- |
day that at the moment the articles !
of Impeachment were presented TO the |
senate Gov Sulzer automatically |
ceased 10 be the chief executive. This !
contention was based on an article N |
the constitution which says that lin /
case of Impeachment Of the governor !
the powers and duties of the Office !
shall devolve upon the lieutenant |
governor" Ii was held by the ma |
iority leaders that the word i'm |
parchment cOrresponded with the /
word indictment in a criminal trial |
and that therefore. in the meaning OF /
the constitution. the governor already !
stood impeached even though not yet
convicted and was therefore not now
eligible 90 hold his office.
These arguments We're placed be- |
fore the lieutenant governor by the !
democratic leaders early in the after |
noon but nevertheless Gov. Sulzer !
was not molested \ few minutes
after the governor left his office, Pat I
rick 81. NCCabe. clerk or the senate, |
appeared at the executive chamber |
with copy OF the articles OF inn |
p~Ochment and summons and COM |
plaint which he intended 10 serve |
upon the governor. When informed !
by the governOr's secretary that he |
had missed the governor by scarcely |
minute McCabe asked for an ap-
pointment Thursday.
Platt replied that the governor |
would be AT the executive chamber /
at II o'clock Thursday morning and /
that he would TRY TO arrange mat
ters for that time.
Resort to Legal Tests.
Is seemed practically certain We'd
nesday night that the governor and /
the lieutenant governor would both /
resort TO legal tests OF their respective /
claims in the courts which. in the /
history OF New York state. have /
never been called upon 20 hand down
an opinion which would act as a pre-
cedent Rumors of what form these |
tests would take offered such a wide
choice that. for lack OF authoritative
statements no one cared wednesday |
uight 20 venture more than a guess.
Upon leaving the executive cham
Der the governor went for a short /
automobile ride and then returned 10
the executive mansion, where he was
I'm consultation until late hour with /
his advisers. Besides Cady Herrick /
CONTINUED OK PAGE EIGHT.
it was announced that his attorneys /
at the trial would be Irving @. Vann
OF Syracuse; Louis Marshall and Aus
ten G. Fox OF New York: Harvey ID.
Hinman OF BinghamptOn: Virgil Kei-
log OF Watertown and Judge James
Cav Gordon OF Philadelphia.
All seven are expected 10 confer
here Thursday IN preparation OF the |
goVeruorfa defense Judge HeFrick