South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-08-16
REFUSES
To LET COURTS
SETTLE DISPUTE
Lieutenant Governor Claims
Court of Impeachment Can
Not be 0verruled Even by
Court of Appeals. -
GUARDS ON DUTY AT
THE EXECUTIVE SUITE

ALBANY, y y. Aug. l6.-Martin
II. Glynn, checkmated Friday night
tie movement of VIM. Sulzer 70 in
woke the arbitratement OF the courts
on the question as To which OF the
two is the present lawful chief exc
cutive of the state Of New York.
Replying to a formal proposal by
the impeached executive 10 submit the
issue 10 adjudication on an agreed
statement Of facts, Mr.. Glynn Friday
night declared it was beyond his pow
er 10 barter away any Of the func-
tions attaching 10 the office IN which
l am placed by your impeachment"
ANY attempt on my part TO do So.
he said. "or TO stipulate a method by
which ii might be done, would pro-
perly place ne in the position yCu
now occupy-that Of being impeached
for malfeasance in office" Mr.. Glynn
declared further that he proposed 10
perform every function of the office
OF governor, except in so far as I am
restrained by your illegal action or bv
physical force. The announcement
of the lieutenant governors policy
came late Friday night and followed
negotiations between the respective
counsel OF the two men in the late
afternoon. which IL was then supposed
had resulted in a virtual agreement 20
take the case to the court Of appeals.
Mr.. Glynn's letter. addressed to"The
Honorable William Sulzer," and sign
ed as Acting Governor, follows
Glynn's Letter.
Dear Sir: I have your letter OF
this date refusing 20 comply with my
demand this day served upon you that
you surrender 10 me, your successor
in exercising the functions OF the Of
| flee OF governor, the governors prtNy
seal. the executive chamber. and the
books and papers appertaining TO
such office Of governor. At the end OF
your letter thus refusing you suggest
that steps be taken 10 secure a deCi-
sion by some court as 20 which one
of us is entitled 10 exercise the duties
OF Office.
81 know OF no way by which I
could make. and no condition that
would justify me in making. any such
stipulation. The constitution was de-
signed TO, and ! am advised and be-
lieve does. specifically and completely
cover the juncture now existing. and
is supplemented by statutes passed
by the legislature. and now in force.
rs is beyond my power 10 barter
awaE any Of the functions attaching
10 the office in which I am placed by
your impeachment Any attempt on
my part 10 do so, or 70 stipulate a
method by which IL might be done,
would properly place me in the posi-
tlOn YOU now Occupv-that OF being
impeached for malfeasance in office.
I cannot and will not attempt 10 do it.
The entire matter Is now in the
highest court Of the state-the court
OF Impeachment. No order that any
lower court could make. no judgment
that il could render. would have the
court no member OF the court OF
appeals; certainly no member Of the
lower body, the supreme court can
in any degree nor under any circum-
stances. interfere with the jurisdic-
ton or the decision OF such court
Of Impeachment. save. and save only.
as the member Of the court OF appeals
shall cast their individual votes as
such membets Of the court.
l. Highest Court.
The decision OF the court OF i'm
parchment. once made in 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 the proceed
ings Of such court Of impeachment.
by any member OF any lower court.
would be as futile as would any at
tempt Of a justice Of the peace 10 en-
join the chief Judge OF the court q
appeals from exercising his functions
as such chief Judge.
The constitution has fixed this as
the only way for the settlement 4
the matters now pending. I know OF
no other. and / must therefore de-
cline 10 enter into any stipulation
whatever with YOU on the subject
Il hold myself in readiness TO per-
form. and shall perform. every func-
ton or the Office OF governor. EXCEPT
IN 20 Z
illegal action. or by physical force
The letter was delivered 20 Mr..
Sulzer at the executive mansion Fri
day night. AIr Glynn motored 70 his
country residence Friday night after a
consultation with his counsel.
Coy. Sulzer left the executive cham
her early and after a short spin IN an
automobile. returned 10 the mansion.
The doors of the executive suite az
the capitol were securely locked Fri
day night while guards paced I'D and
down both within and out the corri-
dor. II was said that the guards
would continue their vigilance
throughout the night
Condition Serious.
The serious condition OF Mrs Sulzer
Friday night necessitated the recall
~ DR. Robert Abrahams from New
York. No official bulletin was forth
coming Friday night from the execu-
tive mansion concerning Mrs. Sulzer.
but an afternoons bulletin. dictated
by Or. Abr8hams after he had learned
0f the patients condition over the
telephone. stated that she was still IN
precarious condition" with a tenn
perature Of l02 and pulse lis. she
is delirious AZ times and an increasina
temperature and nuctuatlng pulse
tonight SO alarmed those al her bed.
side. that a local physician was calIec
iD and Or. Abrahams hurriedy sum.
moned from Nav York