The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-08-14
TRIAL OF SULzER
IS FIXED FOR
SEPTEMBER IS
No One Knows Who Is Now
Chief Executive
GLYNN MAY CONTEST
No Word from Mrs. SuIzer Who Is
Frustrated BY Strain of
Proceedings
GLYNN MAY CONTEST

Albany, n Y, Aug. 14.-With Gov.
Suzer impeached by the Assembly
and the date of his trial before the
Senate and the judges of the court fix
ed for September Is, the spectacle
was presented last night of two men
claiming to be governor of the state
of New York. AS soon as the articles
of impeachment adopted at an early
hour yesterday morning by the demo
cratic majority in the Assembly were
presented to the Senate, soon after
p. m. yesterday. Lieut.-Gov Martin II.
Glynn announced his intention of oc-
cupyng the executive chamber.
Friends of Gov. Sulzer declared that
the governor intended to continue in
office and use every weapon in his
power to maintain his position on the
ground that the Assembly had no con
stitutional right to consider impeach-
ment at its extraordinary session.
Some asserted the governor would
20 so far as to summon military pro-
lection if necessary to prevent the
Eeutenant-governor from occupying
the executive chamber Judge d. Ca
dy Herrick, who will act as chief coun
sci fer the governor at his trial said
last night that talk of resort to force
is the merest rot" "He will meet the
charges against him in an orderly
and dignifed way said Judge Her
rick, land will do nothing unbecoming
the dignity of the state. He will en-
gage in no physical scramble to assert
his rights to discharge the functions
Of the Office of governor"
The governor himself was silen,
When at 6 o'clock last night he left
his office in the capitol. where he had
been closeted the entire day he was
asked if he expected TO return today.
yes, street" he replied in angry
tones. So far as could be learned. no
attempt was made by Lieutenant Gov
erncr Glynn in any way to exercise
the functions of chief executive yester
day, but there was every indication
that there would be a clash of author
ity today, when both men return from
their homes to the capitol The lieu
tenant-governor would not indicate
last night what action he proposed to
take except to say that there would
be mo circus or military mancuvers
about occupying the executive cham.
bers; the law is supreme"
The inaction OF Lieut-Gov. Glynn in
the matter was in the face of argu-
ments giving expression both in the
Senate and in the Assembly yester.
day that al the moment the articles
of impeachment were presented to
the Senate Gov. Sulzer automatically
ceased to be the chief executive. This
contention was based on an article in
the constitution which says: in case
of Impeachment of the governor
the powers and duties of the Office
shall devolve upon the lieutenantgov
ernor.' 1t was held by the majority
leaders that the word Impeachment"
correspcnded with the word "indict-
ment' in a criminal trial. and thai
therefore in the meaning of the con
stitution the governor already stood
impeached, even though not yet con
victed, and was therefore not now eli
gible 10 hold his office.
The reports that Mrs. Sulzer would
give out statement setting forth the
details of her alleged use of Gov. Sui
zers campaign checks for stock spec
ulation, unknown to the governor did
OF the governor minated that in
view of the fact that Mrs. Sulzer pro
badly would be called by attorneys
for the defense as a witness at the
trial, what she may have to say on
this subject would be reserved until
she took the witness stand II was
said that at that time her testimony
would go Ear in clearing the governor
Of the charges of misuse of campaign
funds for stock speculation now stand
! ing against him.
Mrs Sulzer was in the care of ply.
sicians last night and was said TO be
| IN complete state of collapse. as the
| result or the strain to which she has
| Deen subjected since the exposure of
the. Frawley committee. Silence also
would be the policy of the governor
until he appears at the bar of the
court OF Impeachment.
! counsel for Gov. Sulzer." said
Judge Herrick last night. have no de
sire 10 be interviewed or try the mer-
its OF his case in the newspapers or
have no desire to make statements in
his behalf They have advised the
| governor TO refrain from making an,
statement at the present time lie.
wise MS vile. We have engaged i'm
his defence not for William Sulzer
but as a professional duty TO he gov.
ernor of the state and to preserve. 50
! TAR as it can now be preserved The
good name and fame OF the state
After an examination OF Mr. Sul.
ger relation TO the transactions dis.
closed by the Frawley committee We
are satisfied that there has been onIy
a partial revelation Of the facts 60 -