Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-08-19
Attorney General of New
York Holds GIynn
Should Act.
GIVES STATUS OF BOTH
Building Trustees Ignore ErSt-
while Chief-RefuSe to
Meet With Him.

Albany, n. Y, Aug. 19.-When the
assembly of New York state voted last
week to impeach William Sulzer as
governor, Lieut-Cov. Martin H. Glynn
automatically succeeded to the govern
orship and will continue to hold that
office until Gov. SulGer is acquitted or
the impeachment proceedings are dis
missed by the court of impeachment.
An opinion to that effect was given yes
terday by Attorney General Carmody
to Secretary of State Mitchell May
In the same opinion Mr.. CarmOdy
holds that the power of impeachment
may be exercised at any time the as
sembly may determine upon and for
that reason the assembly acted within
its legal rights when it voted in favor
of impeachment proceedings despite
the fact that the legislature is con-
vened in extraordinary session.
The attorney generals opinion is ex-
pected to have an important bearing
on the controversy concerning who is
governor of New York state. 1t is Gus
tomary for state departments to ad-'
here to the opinion of the attorney gen.
eral until set aside oy the courts.
QUESTION PUT UP TO CARMODY.
The opinion was given in response
to the following inquiry:
After impeachment of the governor
by the assembly made at the time of
an extraordinary session OF the legis-
lature what is the status of the gov
ernor and Lieutenant governor pending
trial and determination of the i'm
impeachment charges"
Mr. Carmody laid down the follow
ing principles of law:
After the Impeachment of the gov
ernor by the assembly the powers and
duties of the office devolve upon the
lieutenant governor until the disability
shall cease.
The term Impeachment" is used in
this connection in its ordinary sense
and means the presentation of charges.
The assembly is not precluded from
the exercise of it's constitutional pow
ers by the fact that at the time the
legislature of which it forms the part
is convened in extraordinary session
for other purposes.
NO MEETING OF TRUSTEES.
Acting Governor Glynn and his legal
! advisers yesterday changed their
mind regarding the holding of a meet
ing of the board of trustees of public
buildings. 1t was decided not to hold
the meeting until today or later, after
getting an opinion from the attorney
general that it was not necessary for
the trustees to meet at the time. The
attorney general advised Acting Cover
| nor Glynn that the law did not re-
Quire the presence of the trustees
when the bids were opened, as this
| duty was purely ministerial one
which could be performed by the Sec
! retary of the trustees.
Acting Governor Glynn expects
! State Architect Pitcher, after tabulat-
fng these bids. viii submit them to Mr..
| Glynn, Acting Lieutenant Governor
Wagner and Speaker of the Assembly
Smith for action instead of to Cover
nor SulZer. in view of Attorney Gen.
eral Carmody's opinion that all state
! departments should recognize Lieu
tenant Governor Glynn as acting gov
ernor pending Governor Sulzers trial
| for impeachment
! II is expected that Acting Governor
Glynn viii meet with the other two
trustees whom he recognizes, Wagner
and Smith. tomorrow and formally
designate the lieutenant governors
room as the executive office.
GLYNN SPENDS BUSY DAY.
Acting Governor Glynn put in two
| hours work in his newspaper office
yesterday before coming to the capitol
and for two hours in the afternoon he
worked in the composing room in his
shirt sleeves making up" the paper
Governor Sulzer was in better
| spirits and the careworn look which
he has carried since his impeachment
was less pronounced. He showed dur
1 ing the day that the continued i'm
provement in Mrs. Suffers condition
had relieved him of great care
Although there was large number
OF friends, primary advocates and job
seekers in the executive chambers all
afternoon. the governor did not come
out to see them until after he called
the meeting Of the trustees Of public
buildings at 4 o'clock.
The board Of trustees is composed Of
the governor. lieutenant governor, and
speaker Of the state assembly. Friends
Of Acting Governor Glynn hold that lis
personnel now consists Of Acting Gov
ernor Glynn, Acting Lieutenant Gov
ernor Robert F. Wagner and Speaker
Alfred E. Smith. In spite Of this con.