New-York tribune., 1913-08-10
PROBERS MEET TOMORROW
Preliminary Report To Be Pre-
sented to the Assembly in the
Evening by Aaron j. Levy,
Majority Leader, Is
Present Intention.
SYMPATHY FOR EXECUTIVE
With Victim at Bay, Feeling of EX-
ultation By Leaders Is Chang
ing to One of Sorrow-Say
He Brought 1t on
Himself.

Himself.
William Sulzer will be succeeded by
Martin II. Glynn as Governor Of New
York about August 49, according TO the
trolers Of the Legislature, who were
busy yesterday deciding on the final
moves in the case laid bare by the
Frawley committee against Governor
Sulzer
The Impeachment OF Governor Sui
zer, which not only Tammany but the
Governor himself believes to be now in
evitable, will be the second case of i'm
a state or Of the nation in the his
tory Of the country. The legislators
and Court Of Appeals judges, who will
try Governor Sulzer, will have no
precedents to depend on other than the
proceedings when President Andrew
Johnson faced the Senate and Supreme
Court justices in 1868.
In the Assembly tomorrow night
Aaron ]. Levy. majority leader and ex-
officio a member of the Frawley COM
mittee. will be ready TO present pre-
liminary report Of that committee.
Senator Frawley will call the commit
tee together in Albany tomorrow af-
ternoon. and If Eugene Lamb Richards,
its counsel, has prepared the report IL
will be handed to Mr.. Levy, for the
Assembly and Senator Frawley, for
the Senate. II it is not completed
every effort will be made to have it in
shape early on Tuesday. As soon as II
is Levy will present it. together with a
resolution that the Assembly inpeach
the Governor.
To Report August 1S.
The schedule now under considera-
ton contemplates the appointment by
Speaker Alfred +. Smith of a commit
tee to draft the articles Of impeach-
ment. The committee will be instruct
ed 10 report to the Legislature on Mon
day. August Is.
That would bring the final vote in
the Assembly. which under the state
constitution is the grand jury of an
Impeachment proceeding. on Tuesday,
August 10. With the overwhelming
control by Tammany Of the present
Assembly. combined with the evidence
which the Frawley Committee has
mustered. the legislative leaders have
no doubt whatever that the result will
be immediate impeachment
According TO the construction which
is being put upon article 1, section q.
OF the state constitution, which pro-
vides When Lieutenant Governor 10
act as Governor" the legislative lead
ers are satisfied that SulZer will cease
to be Governor as soon as the Assembly
registers its vote that the articles Of
should be forwarded to
the Court of impeachment, composed
Of a majority of the state senators and
a majority of the judges OF the Court
Of Appeals.
Tammany experts on constitutional
law declared yesterday that Governor
Suffers protestations that the Legisla-
ture could not properly take up inn
peachment proceedings at this eXtraor-
binary session, might be ignored until
the Governor raises it as a demurrer
to the impeachment.
Aaron j. Levy, upon whom will fall
the task Of initiating the entire pro-
1,
day that even technically the Governor
could not halt the proceedings by such
an objection, because the Frawley COM
mittee's investigation was a direct out
growth of an emergency message sent
by the Governor recommending amend
ments TO the corrupt practices act, and
that as the impeachment proceeding
grew directly from the Frawley inves-
tigation the Legislature could rightly
claim that II was pursuing a course Of
action initiated by the Governors mes
sage.
Would Serve Only to Delay.
ION n-technical grounds" said Mr..
Levy, 1T is inconceivable in any event
that the Governor would even attempt
to interpose such an objection, which
at most could serve only for delay, and
il successfA would accomplish nothing
more than TO put off for few months
the final settlement of the case against
him"
The constitutional provision under
which 1t is expected Martin II. Glynn.
the Lieutenant Governor, will become
Acting Governor when the Assembly
votes a week from Tuesday reads thus:
In case OF the Impeachment OF the
Governor, or his removal from office.
death, inability TO discharge the powers
and duties of the said office, resigna-
ton, or absence from the state, the
powers and duties of the office shall