The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-08-19
HOLDS GlVNN REAL
|. GOVERNOR PENDING
TRIAL Of SULzER
Opinion on Case Given by
Attorney-G General of
New York
SULZER ATTENDS
BOARD MEETING
And No One Else is There
His Wife Better and Gov
ernor Comes to Capitol
Feeling Better


sembly of New York State voted last
week to impeach William Suizer as
governor. OBSERVATION-DISCLOSURES Mar
tin II. Glynn automatically succeeded
to the governorship, and will continue
to hold that Office until Governor Sui
ger is acquitted or the impeachment
proceedings dismissed by the court OF
impeachment An opinion to that eff
feet was given today by Attorney
General Carmody. TO secretary Oh
State Mitchell May.
In the same opinion Mr.. Carmody
holds that the power OF impeach-
ment may be exercised at any time
the assembly may determine upon,
and for that reason the assembly
acted within It's legal rights, when 1t
voted in favor OF impeachment pro-
ceedings. despite the fact that the
legislature liz convened in extraordt-
nary session.
VIII be Important
The attorney generals opinion Is
expected to have an important bear
ing on the controversy concerning
who is governor OF New ork sta.e.
II Is customary for State departments
to adhere to the opinion of the at
torney-generai until set aside by the
courts.
The opinion was given In response
to the following inquiry;
AFTER impeachment OF the gov
ernor by the assembly. madeN at the
time Of an extraordinary session of
the legislature, what Is the status or
the governor and lieutenant governor.
pending trial and determination OF
the Impeachment charges?
Mr.. Carmody laid down the FOL
lowing principles of law;
After the impeachment OF the
governor by the assembly the powers
and duties OF the ONCE devolve upon
the lientenant-governor until the
disability shall cease"
Mr.. Carmody In his opinion points
out that In the constitutions OF lI17
and 1921, the term impeachment had
reference to the presentation OF
charges against the governor and
exact provision is made for the sue
cession If the ACKNOWLEDGEMENTS to
act until the governor Is acquitted
Honors Reqnisition.
Another official act was performed
today by Acting Governor Glynn. He
honored reduisition papers from the
governor of Massachusetts, surrender
ing to the authorities criminal
wanted IN that State.
The only official act OF Governor
duled meeting of the board OF trus-
tees Of State public buildings, He
was the only member of the board
present Governor .Sulzer made pub
lie a long list of delegates he had
designated TO attend the third Amer
lean road congress to be held at De-
troit in September but the designa-
tions are merely voluntary upon the
governors part. and not in pursuance
Of any law permitting him to make
them. Following out the plan to iso-
late Governor Sulzer in the executive
chamber. and to pay no attention to
his claims TO he the acting governor
OF the State. Acting Governor Glynn
and his legal advisers today changed
their mind regarding the holding Of
meeting of the board Of trustees Of
public buildings in the lieutenant
governors room. to be attended by
Acting Governor Glynn, Acting Lieu
tenant G. overnor Wagner, and Sneak
er of the Assembly Smith. and de-
cided not to hold this meeting until
tomorrow. or later. after getting an
opinion from the attorney general
that II was not necessary for the trus-
tees to meet at the time the bids for
construction work on the capitol were
to he opened at 4 o'clock this af-
ternoon.
To Meet Tomorrow.
II IL expected that Acting Governor
Glynn will meet with the other two
trustees whom he recognizes. Waz-
ner and Smith. tomorrow. and for
malfy designate the lieutenant gov
ernor's room. as the executive offices
Governor Sulzer was In better
spirits today. and the careworn look
which he has carried since his i'm
parchment. was less pronounced He
showed during the day that the con-
tinued Improvement In Mrs Suffers
condition had relieved him Of great
care.
As soon as the governor reached
the executive chamber he was met by
D. Cady Herrick. and other advisers,
and from 10: 80 to II O'clock he was
closely closeted. He did not leave
the executive chamber at noon for
his dinner, and the governor did not
come out of his office until after he
called the meeting Of the trustees Of
public buildings at 4 o'clock.