New-York tribune., 1913-08-16
Governor Indignant.

the lawyers Office that he was bound
! 10 silence and could not comment on
| the situation in any way. At that
time he did not even indicate that his
second letter. sent to Sulzer late to-
| night. was under consideration.
The Tribune learned from an authori-
tative source that the conference be-
tween the legal advisers Of Sulzer and
Glynn was occupied chiefly on the
Sulzer side in an effort to have Glynn's
lawyers concede the point that a court
test should be made OF one of three
points, namely: That the Governor
should pardon a prisoner. have a
friendly suit instituted by the warden
of the prison and take the matter to
court, where Glynn's lawyers should
be allowed TO represent the warden. or
that the two sides should settle upon
an agreed state Of facts. present them
to the Appellate Division OF the Sd
Department for pro forma decision,
which should be Immediately carried to
the Court Of Appeals. or that the issue
should be taken to the United States
Supreme Court on habeas corpus writ
to be sued out in the case of some one
of the prisoners who might be extra
dited on Sulzers signature.
Mr.. Glynn's lawyers, 1t was learned,
would not agree to the main PROPOSE
ton OF submitting the question to the
courts by any of the three methods
proposed by Judge Herrick.
Judge Countryman took the ground
ing as Governor after o'clock on
Wednesday afternoon was violation
OF law, according TO Section l29 OF Part
9 of the Code Of Criminal Procedure.
and according to Section 6 of Article
4 of the constitution. These two sec
tions provide for the ousting OF the
Governor and the installation OF the
Lieutenant Governor as acting Gov
ernor.
Say GIynn 10 Acting Governor.
The Glynn lawyers contended that
under the constitutional provision cited
they we're so intrenched that they
would not even be free to go TO court.
They held that Glynn was now acting
Governor. that he should exercise the
functions of that office, and II there
was any question Of appealing TO the
courts II was up to the Sulzer side 10
go before a court with q questioning OF
the Glynn activities. Sulzer, 1t was IN
sisted, was violating the express pro-
vision of the constitution In continuing
IN exercise the functions Of Governor
after the Senate had been notified OF
his Impeachment by the Assembly.
zach Governor" had the privilege
OF signing a state paper to-day and
each Governor" had q state seal to
lend added weight to the signature.
Mr. Sulzer elected to surround his
action with mystery, refusing to tell
what paper he had signed, but 1t Is
understood that his official act was TO
sign the extradltion papers made out
on the requisition Of Governor Mann.
of virginia, which were brought here
by Captain w. r. Ford, OF the Norfolk
police, in the case Of Louis James
jackson, under arrest In New York
City.
Mr.. sulzer still Las In his possession
the "privy seal Of state" which Is part
of the executive office equipment. and
it was with that seal that he stamped
the Virginia papers.
Mr. Glynn was more open about his
Official action" as acting Governor.
and made no secret that he signed the
extradition papers In the case Of Louis
Lucht vino ia being held in Buffalo on
the charge Of wife abandonment at
Cleveland.
Sheriff william ]. Smith. Of Cuya-
hoga County, brought the necessary
requisition papers from Governor
James NJ. Cox, Of ohio. and decided on
his own initiative to present the papers
to the acting Governor
Mr.. Glynn was able to fortify his ac-
ton with the weight OF the great seal
Of state, which was duly affixed to the
Ohio papers by Hosea Pidgeon, Dep