The Birmingham age-herald., 1913-08-16
Has No Power to Barter
Away Functions to Office
in Which He is Placed,
He Says
PROPOSES TO PERFORM
EVERY FUNCTION OF
OFFICE OF GOVERNOR
Makes Telling Reply to Impeached
Governors Proposal - Explains
Attitude-BOth Factions viii
Contest Struggle to Bit
ter End

Albany. n. Y. August 15.-Martin II.
Glynn checkmated tonight the move
ment of william sulzer to invoke the
arbitrament of the courts on the ques
tion as to which OF the two is the
present lawful chief executive of the
state of New York.
Replying to a formal proposal by the
impeached executive to submit the Is
of facts. Mr.. Glynn tonight declared
1t was beyond his power to barter
away any of the functions attaching
10 the office in which I am placed by
your impeachment"
Any attempt on my part to do So
he said, "or to stipulate a method by
which it might be done. would prop
erly place me in the position you now
occupy-that of being fmpeached for
malfeasance in office"
Mr.. Glynn declared further that he
proposed to perform every function of
the office of governor. except insofar
as l am restrained by your Illegal ae-
tion or by physical force"
The announcement of the lieutenant
governors policy came late tonight and
followed negotiations between respect
i've counsel OF the two men late this
afternono which it was then supposed
had resulted in virtual agreement to
the court of appeals.
Mr.. Glynns letter. addressed to tho
Hon. William sulzer. and signed Acting
Governor" follows:
Dear Sir-I have your letter of this
date refusing to comply with my demand
this day served ppon you THAI you sur
render 10 me you. suct assor IN eSefcis-
ing the functions OF the office OF COVER
nor. the governors privy seal, the exeeu-
tive chamber and the books and papers
appertaining to such office of governor.
At the end of your letter thus refusing
you suggest that steps be taken to secure
a decision by some court as to which
one of us is entitled to exercise the duties
of office
Il know of no way by which l could
make and no condition that would justify
me in making any such stipulation. The
constitution was designed to- and I am
advised and believe does, specifically and
completely cover the iuncture now exist
ing, and is supplemented by statutes
passed by the legislature and now in
force.
1T is beyond my power to barter
away any of the functions attaching
to the office in which | am placed by
your Impeachment Any attempt on my
part to do so, or to stipulate method
by which 1t might be done, would prop
erly place me in the position you now
occupy, that of being impeached for
malfeasance in office. i cannot and
will not attempt to do 1t.
THE entire matter now is in the
highest court of the state, the court
of impeachment. No order that any
lower court could make, no judgment
that il could render, would have the
slightest binding force upon this high
court. No member of the court of APP
peals-certainlyn member of the lower
body, the supreme court--can in any
degree nor under any circumstances in
terfere with the jurisdiction or the de-
cision of such court of Impeachment
save. and save only, as the members
of the court of appeals shall cest their
individual votes as such members of
the court.
Decision Binding
'The decision of the court of i'm
parchment once made is binding on
every court and every person in the
state and must be so respected and
treated. Any attempt to interfere with
Z TIT pIbcttulHSS pl SuCl
court of impeachment by any member
of any lower court would be as futile
as would any attempt of a Justice of
the peace to enjoin the chief Judge of
the court of appeals from exercising
his functions as such chief Judge.
The constitution has fixed this as
the only way for the settlement of the
matters now pending. / know of no
other and / must therefore decline to
enter into any stipulation whatever
with you ON the subject
II hold myself in readiness to per-
FORM and shall perform, every function
of the office of governor except insofar
as | am restrained by your illegal ac-
ton or by physical force
The letter was delivered to Mr.. Sui
zer at the executive mansion tonight
Mr. Glynn motored to his country resi-
dence tonight after consultation with
his counsel
Governor Sulzer left the executive
chamber early and after a short spin
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