The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-08-16
Declines to Submit Is
sue Of Who Is
Governor.
NEITHER YIELDS
GLORY OF OFFICE
Hope of Amicable Settlement
Fades When Acting Governor
Says He Will Recognize
Only Verdict of Court of
1mpeachment-Charge
of Bribery Is Made.

Albany. y. ". August I5.-Mnrtin H.
Glynn checkmnted Tonight the move
of William Sulzcr to invoke the nrbi-
trament of the courts on the question
Rs to which of the two "a the present
lawful chief executive of the State of
New York.
Replying TO formal proposal by
the impeached executive to submit the
issue to adjudication on an agreed
statement of facts, Mr. Glynn tonight
declared it was beyond his power to
barter away any Of the functions at
taching to the Office in which l am
placed by your impeachment"
Any attempt on my part to do So"
he said. '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"
MIR. Glynn declared that he proposed
to perform every function of the Office
or Governor except in so far as am
restrained by your illegal action or
by physical force"
The announcement of the Lieutenant
Governors policy came late Tonight,
and followed negotiations between re-
spective counsel for the two men late
TINS afternoon. which IL WAS then sup
posed had resulted in n virtual agree
ment TO take the case to the Court of
Appeals.
Letter to SuiZcr.
Mr. Glynns letter. addressed to THE
Honorable William Sulzer." and signed
as Acting Governor" follows
Dear Sir.-I have your letter of this
"a'e' rctusinS to comply with the de-
mand this day served upon you that
YOU surrender to me, your successor in
exercising the functions of the Office
OF Governor the Governors privy seal.
the executive chamber and the books
ana papers appertaining to such office
or Governor At the end of your letter
thus refusing. you suggest that stems
be taken TO secure n decision by some
court, as TO which one OF us is en-
titled to exercise the duties of office
know of no way By which | could
make and no condition that would
Justify me in making any such stipula-
ton. The constitution was designed to.
and I am advised and believe does
specifically and completely cover the
Juhcture now existing. and is supple
mented by statutes passed by the LeSis-
lature and now in force
1T is beyond my power to barter
away any or the functions attaching
to the office in which I am placed by
your impeachment Any attempt on my
part TO do so, og TO stipulate a method
by which II might be done would
properly place me in the position YOU
now occupy that OF being impeached
Tor malfea Sance in Office. | cannot and
Will not. attempt To do it,
The entire matter is in the highest
court or the State. the court of i'm
peachmcnt No order that amy lower
court could make. no judgment that IL
could render would have the slightest
binding force upon this court No
member of the Court of Appeals-cer-
tainly no member of the lower body
the supreme Court-can in any degree
nor under any circumstances Interfere
with the jurisdiction the decision of
such court of Impeachment, save. and
save only. as the members of the Court
OF Appeals shall cast their individual
votes as such members OF the court.
The decision of the court OF i'm
peachment 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
the Jurisdiction or proceedings of such
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 cnjoin the chief Judge OF
the Court of Appeals from exercising
his functions as such chief Judge.
Only Why for Settlement.
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-
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