The Birmingham age-herald., 1913-09-21
Denies He Has Surrendered
Office to Lieutenant
Governor
WRONG IMPRESSION
OF LETTER TO GLYNN
Acted as He Did in Order to Obtain
Action on Urgent Matters.
Marshall Will Finish
Argument Tomorrow

Albany, September 2o.-With rumors
current that Gov William sulzer would
resign in event that his attorneys lose
their fight to prevent him from being
forced to defend himself before the high
court of Impeachment, statements forth
coming from his counsel today seemed to
indicate that he has every intention of
fighting the case out to the end, be It
bitter or sweet.
The statements were inspired by the
general Interpretation placed on the let
ter which Mr.. Suzer sent yesterday to
Lieutenant Governor Glynn. turning over
to him for signature requisition papers
for the extradition of a prisoner. The
| letter was taken to mean that the i'm
peached executive thereby recognized the
right of Mr.. Glynn to act as governor
pending the outcome of the trial.
Decision Not Final
This his counsel, Valentine Taylor and
d. Cady Herrick, as well as the COVER
nor's secretary, Chester c. Platt-all EN-
eager to correct the impression that n
the midst of the fight the governor had
surrendered the position on which he has
stood since his impeachment--that he was
impeached unconsttutionally and there
fore is still governor. They made it plain
that he did not recognize as final the
recent decision of Supreme Court Justice
IIasbrouck that Mr.. Sulzer as governor
had no right to exercise the pardoning
power.
Neither Governor Sulzer nor his coun-
sell said Judge Herrick tonight, "have
conceded for one moment the right Of
Lieutenant Governor Glynn to act as gov
ernor, nor that the assembly has juris-
diction to nlpeach him at the eStraordi-
nary session.
counsel for Governor sulzer asked
Mr.. Glvnii shortly after the articles Of
Impeachment ware served on the gov
ernor to make a test case, so that the
question as to who was to act as governor
in the meantime might be decided. OF
course. 1t followed that if such a test
was made, both parties would abide BY
the result. The request was refused.
without any corporation on the part
of or by the advice -of counsel for the
governor, a case was brought before JUS
tice HasbroucS. which involved the ques
tion as to whether Governor Shzer had
the right to grant pardon, That de-
cision was adverse to such right. Cover
nor Sulzer Immediately was advised 10
perform no further executive act, but to
respect the decision of the court until It
should be reversed.
Yesterday two matters arose that
seemed TO demand immediate consid-
Grafton and under the decision of Jus
q q
public authorities would not recognize
any act of Governor Sulzer. His coun-
sci, for the purpose of enabling these
seemingly urgent matters to be dis.
posed of advised that the papers should
be transmitted to Lieutenant Governor
Glynn. this abiding by the decision of
the court until it could be reversed by
a higher tribunal.
Question Now Being Argued
"1'he question as to whether the as
sembly had the power to impeach is
low being argued before the court for
the trial of impeachment by Mr.. Mar
shall and 1t is absurd to think. that.
pending that argument and before any
decision by the court for the trial OF
limpeachments is made, Governor Sulzcr
or his counsel would in any way con-
cede the legality of the proceedings of
the Legislature or that he is not right
fully entitledsto continue to act as gov-
ernor."
The decision OF the court of impeach-
ment on the question will probably
come Monday. Attorney Marshall is ex-
pected to finish his argument Monday
morning and Judge Parker chief coun-
sci for the impeachment managers, will
answer it. The vote Will follow
Should the governor lose, he must
come to trial, as this will spike what
his friends consider the strongest gun
in the battery of legal objections. While
there will be left the question of the,
impeachability of the offenses charged,
his counsel propose to attack only three
OF the eight articles of Impeachment.
those shaving to do with the fling of
false campaign statement and with
his Wall street speculations. If these
charges should be thrown out, five
other counts would remain
James c. Garrisbn. the governors
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