The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-08-16

Albany, y. Y, Aug. 13.-With Gov.
Sulzer impeached by the assembly and
the date of his trial before the SEN
ate and the judges of the court OF
appeals set for September IS, the
spectacle was presented tonight OF
two men claiming to be governor of
the State of New York.
AS soon AS the articles of impeach-
ment, adopted early today by the
! Democratic majority in the assembly.
were presented to the senate, shortly
after 3 o'clock this afternoon, Lieu
tenant Governor Martin H. Glynn an
nounced his intention of occurs ing
| the executive chamber.
Friends of Governor Sulzer declared
that the governor intended to continue
in office and would use every weapon
in his power to maintain his position
on the ground that the assembly had
no constitutional right to consider I'M
parchment at it's extraordinary ses-
sion.
Some asserted that the governor
would go so far as to summon mill
tary protection if necessary to pre-
vent the Lieutenant Governor from
occupying the executive chamber.
Judge D. Cady Herrick, who will
act as chief counsel for the governor
at his trial said tonight that talk of
resort to force is the merest rot
He will meet the charges against
him in an ordinary and dignified
way" said Judge Herrick, land will
do nothing unbecoming the dignity Of
the State. He will engage in no
physical scramble to assert his rights
to discharge the functions of the Of
flee of governor.
The governor himself was silent,
when at o'clock tonight he left his
office in the capitol, where he had
been closeted the entire day, he was
asked if he expected to return tomor-
row.
"Yes. siree," he replied in angry
tones.
So far as could be learned no at
tempt was made by Lieutenant Gov
ernor Glynn in any way to exercise
the functions of chief executive today,
but there was every indication that
there would be a clash of authority
tomorrow, when both men appear at
the capitol.
The Lieutenant Governor would not
indicate tonight what action he pro-
posed to take except to say that there
would be no "circus or military ma
noeuvres about occupying the execu-
tive chambers; the law is supreme"
The inaction of Lieutenant Cover
nor Glynn in the matter was in the
face of arguments given expression
both in the senate and in the assem-
bly, today that at the moment the ar
ticles of Impeachment were presented
to the senate Governor Sulzer auto
matically ceased to be the chief execu
tive.
This contention was based on an ar
ticle in the constitution which says
, that lin case of impeachment Of the
governor the power and duties Of the
Office shall devolve upon the Lieuten-
ant Governor"
1t was held by the majority leaders
that the word Impeachment corre-
sponded with the word indictment"
: in a criminal trial and that, therefore,
in the meaning of the constitution.
lie governor already stood impeached
even though not yet convicted. snd
was. therefore not now eligible to
hold his office
II csc arguments were placed before
the Lieutenant Governor by the DEM
ocratic leaders early in the afterinon
but, nevertheless. Governor Sulzer
was not molested
few minutes after the governor
left his office, Patrick E. McCabe.
clerk of the senate. appeared at the
executive chamber with a copy of the
articles of Impeachment and a sum-
mons and complaint. which he intend
ed to serve upon the governor When
informed by the governors secretary
that he had missed the governor by
scarcely minute. MCCabe asked for
an appointment tomorrow. Platt re-
piled that the governor would he st
the executive chamber at IL O'Clock
tomorrow morning, and that he
would try to arrange matters for that
time"
1t seemed practically certain tonight
that the governor and the Lieutenant
governor would both resort to legal
tests of their respective claims in tho
courts. which in the history of New