New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-31
CARMODY AND RILEY
CLASH OVER CLANCY
Prison Superintendent Wants
Sing Sing Warden to Com
pIete Reform Work.
TURNS DOWN RESIGNATION
Attorney General Holds Office
Is Vacant and Quotes Elk
Judge Earl-Criticism
for Hennessy.

Albany. oct. 30.--Superintendcnt John
| b. Riley Of the State Prison Department
end James NJ. Clancy who recently re-
J signed as warden of Sing Sing prison.
held a long conference to-day, and later
| Riley announced ne would not accept the
resignation al present Clancy issued a
| statement condemning Hennessy for his
! public references in the New York Mayor
atty campaign to former Senator Still
wells efforts To obtain a pardon.
CLANCY" Riley said, lis in the midst
Of important work connected with the
reconstruction OF certain buildings which
/ were partially destroyed by fire last July
and also was carrying out certain re-
forms which he had instituted He must
remain and complete the work.
Clancy's statement follows
II came to Albany at the request OF
the superintendent to turn over Sing
Sing 10 nv successor. lie declined to
consider the matter al the present time
on the ground that | am under s50,Ooo
bond. and must continue until other ar
rangements can be made.
Regarding the contents Of the black
to in his speeches in New York, | can
only say that Stilwell assures me that
he would be entirely willing to release
Mr. Hennessy from his obligation not TO
publish it but for the fact that It con-
tains references to individuals and mat
tiers which were in no way connected
with the Sulzer controversy.
"Stilwell regards Hennessy's refer
ences and !nnuendos regarding the inter-
view had With him at Sing Sing as DIS
honorable in every way and as taking an
unfair advantage OF him in his present
unfortunate condition.
"Stilwell says that he is forced to the
conclusion that when Hennessy found
that he was not I'm possession of such
Information as would enable MIN to de-
strov certain Senators and others in pub
lie life. he concluded not to advise the
Governor to pardon him That being the
fact. under the solemn agreement mace
i'm tire presence of several persons no
reference 20 the interview should have
been made"
II was the consensus of opinion about
tho Capitol that Warden Clancy's resig-
nation now is effective, even though IL
has not been accepted by Superintendent
Riley. This view was based on an opin-
ion rendered last April by Attorney Cen
eral Carmodv after George w. Berham
had resigned as warden of Auburn prls-
on. and the resignation had not been ac-
cepted by Colonel Joseph +. Scott. then
Superintendent Of Prisons.
The Attorney General then held "that
there is no provision in the public offices
law recurring an acceptance OF such res
igna ton to make it effective. There was
a vacancy in the office of agent and war
den of Auburn state prison WREN MT
Renham presented his resignation.
In support of this contention the At
torney General quoted from the opinion
of former Chief Judge Earl Of the Court
of Appeals. in which il was held that
the moment resignation is made the
office becomes vacant"
Riley said tonight that he did not be-
lieve this opinion could affect the case
i'm any way