Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-08-16
GLYNN WILL DOI
ARBITRATE CLAIM
DEMAND THAT IMPEACHED GOV
ERNOR GIVE UP his
OFFICE,
WILL PERFORM ALL Duties
Armed Guards Are Tonight Pacing
Up and Down in Front OF the
Executive OFFICE,

ALBANY, n. y, Aug, l5.-Martin
II. Glynn checkmated tonight the
movement Of william Sulzer to invoke
the arbitrament Of the courts on the
question as to which of the two Is
the present lawful cnler executive Of
the state Of New York.
Replying to formal proposal by
the impeached executive to submit the
issue to adjudication of an agreed
state of facts, Mr.. Glynn tonight de
declared it was beyond his power
to "barter away any of the functions
attached to the office in which ! am
placed by your Impcachment.'
"Any attempt on my part to do so,
he said, "or to stipulate method by
which it might be done, would prop
erly place me i'm the position you now
occupy that of being impcached for
malfeascnCe in office
Mr.. Glynn declared further that he
proposed to perform every function Of
the office of governor except insofar
as am restrained by your Illegal ac-
ton or by physical force.
Late announcement.
The announcement Of the lieuten-
ant governors policy came late to-
night and followed negotiations be-
tween respective counsel for the two
men late this afternoon, which, it was
then supposed, had resulted in viz
tual agreement to take the case to the
court of appeals.
Mr. Glynns letter addressed to the
"Hon. William Sul2er," and signed as
"acting governor" follows;
Dear Sir-l have your letter Of
this date refusing to comply with my
demand, this day served upon you,
that you surrender to me, your sue
cessor in exercising the functions of
the office of governor, the governors
private seal, the executive chamber
and the books and papers appertain-
ing to such office of governor. At the
end of your letter thus refusing, you
suggest that steps be taken to secure
a decision by some court, as to which
one of us Is entitled 10 exercise the
duties of office.
81 know Of no way by which ]
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
Can't Barter Power
at is beyond my power to barter
away any of the functions attaching to
the office in which ! am placed by
your impeachment. Any attempt on
my part to do, would properly place
me in the position you now occupy,
that of being impeached for malfeas
anse in office | cannot and VIII not
attempt to do it.
"The entire matter now is in the
highest court Of the state, the court
of impeachment No order that any
lower court could make; no judgment
that it could render, would have the
slightest binding force upon this high
court No member of the court of APP
peals-Certainly no member Of the
lower body, the supreme court, in any
degree nor under any circumstances,
could interfere with the jurisdiction
Of such court of impeachment, save,
and save only, as the members of the
court of appeals shall cast their in
dividual 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 mem
beI of any lower court would be as
futile as would any attempt OF JUS
tice of the peace to enJoln the chlet
judge OF the court OF Appeals from
exercising his functions as such chlet
judge.
The constitution mas lorceu thls as
the only way for the settlement of the
matters now pending. ! know of no
other ana | must therefore decnne 10
enter into any stipulation Whatever
with you on the subject.
VIII Perform Duties.
"r hold rnvself In readiness 70 ner-
form and shall nerform every finc-
tion of the office of governor except
fnsofnr es am restrained bv vour H.
iagal action or nv nhvsical force "
Tho letter was delivered TO Mr.. Sui
zor AT the executive mansion tonight