The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1913-09-25
LOSES FIRST FIGHT.
sULzER PLEA TO DUST FRAWLEY
BOARD MEMBERS ON ELIeI6IL-
ITY POINT DENIED.
WILL BAR TECHNICALITIES
impeachment Body to Halt Evasion Of
Chief Issue-Aeeused Executive
Finally Yields Office to Acting
Governor.

Albany. N. Y. Sept. 22.-FolloNing
the conclusion Of the second session
of the high court of Impeachment con-
vened to determine the fitness Of Will.
liam Sulzer to continue as governor
of New York two important points
seem to be established.
The first is that 1t is the purpose
OF the 4S senator's and nine appeals
judges sitting in judgment on the in
dictment returned against Mr.. Sulzer
by the state assembly, to prevent eva
sion of the main issue involved in the
proceeding and that all legal techni-
calities. even when based upon the
fundamental rights Of the accused gov.
ernor to seek vindication, shall be
swept aside in order to arrive at his
guilt or innocence.
The second development Of Friday
bore only collateral relation to the
undertakings of the high court. The
suspended governor himself provided
1t by recognizing Martin H. Glynn, the
lieutenant governor, as the acting gov
ernor Of the state.
Mr.. Sulzer, who did not appear be-
fore the high court or in the regular
office of the governor, delegated his
secretary, Mr.. Plat, to advise Mr..
| Glynn of his decision to refrain from
performing further the acts or the
executive until his fate shall have
been determined by the high court Of
impeachment.
In letter to Mr.. Glynn, who occu-
pied the temporary offices provided
for him by the Legislature following
the refusal OF Mr.. Sulzer to abdicate
on his Indictment by the assembly,
Mr.. Platt turned over to the acting
governor papers relating to pending
eXtradition proceedings and documents
concerning prisoners whose terms are
about to expire through commutation
of sentence.
| In his letter to Lieutenant Governor
| Glynn Mr.. SulZer explains that he
had taken such action because Of re-
cent decisions Of the supreme court
that the executive functions should
be performed by yourself as acting
governor"
The version furnished by Mr.. Sui
zer's supporters is that in recognizing
the right of Mr.. Glynn to exercise the
duties Of governor pending the i'm
peachment trial he was actuated sole
ly by desire to promote the business
Of the state government, which has
been virtually at standstill since Mr..
Sulzer was indicted on August 15.
Counsel for Sulzer lost the first
skirmish in legal battle to prevent
the accused executive from coming
to trial. Their objections to permit
ting four senators to sit as members
Of the court were overruled.
William S7izeT, governor Of New
York, charged by the assembly with
high crimes and misdemeanors, failed
to appear in person before the high
court Of impeachment when it con-
vened Thursday to begin the trial
which will determine his guilt or In
nocence. Instead, his attorneys ell
tered a special appearance" in the
governors behalf and challenged the
organization OF the court and it's juris-
diction over the accused.
The assembly at night adopted a
resolution offered by Majority Leader
Levy calling for the arrest Of James
c. Garrison for alleged contempt In
refusing to answer questions before
the judiciary committee concerning
statements attributed to him to the
effect that money was used to influ-
ence votes of certain members In
bringing about the impeachment Of
Governor Sulzer