The daily banner. (Cambridge, Md.) 1897-2008, 1913-08-16
CONFER ON n, Y.
C0vERN0RSH|P
Seek Method to Bring the
Question Before Court
SULzER REFUSES TO QUIT
Glynn's Demand For Office Turned
. DoWn-lmpeached Executives Wife
Is Critically I'll.

is STitiCdiiy III.
Albany, N. Y, Aug. 16.-Counsel for
Governor Sulzer and Acting Governor
Glynn conferred ON the suggestion by
Mr.. Sulzer that test case be made in
which the courts would be obliged to
decide upon the legal incumbent OF
the office of governor, pending the i'm
parchment trial.
They parted without reaching con-
clusion and without arranging for an
other meeting. EX-Judge D. Cady Her
rick, chief counsel for the governor,
said that they might get together
again.
The initiative in the matter all came
from the Sulzer side. The conference
was held in the office of ex-Judge Ed
win Countryman, who is representing
Mr.. Glynn.
Judge Herrick gave out the follow
ing statement:
Judge Countryman and I conferred
as to the manner in which test case
might be made. No definite conclusion
was arrived at. There will probably be
lul luCl cdloI 10 puC at "hdI IiAhO
or place l do not know. The meeting
was perfectly harmonious, but neither
side felt at liberty to commit them
selves to either plan until conferences
with their principals"
At the conference conversation at
once turned upon the ground for a
possible test case Then the plan, pre-
viously suggested by the Sulzer adher-
ents of having an agreement as to
facts by counsel for both sides pre-
sented to the appellate division Of the
supreme court, was introduced and
discussed
From there the conferees passed on
to the other plan, which has also been
suggested before, of having Governor
Sulzer pardon prisoner at Sing Sing,
having his friend, Warden Clancy, re-
fuse the pardon, and then suing out a
writ of habeas corpus to secure the
release.
The difficulty with this idea, for the
Sulzer people, is that Secretary of
State Mitchell May, who announced
that he would take his orders from
Acting Governor Glynn, might refuse
to attest the pardon and nullify it.
The Third proposal to be taken up
was an agreement on a means to have
the situation taken before fedAaaIi
court That was not sgoneinto sefs
deeply, and probably will not be conf
sidered at all at further conferences il
any are held.
The critical condition of Mrs. Sui
zer, which is marked by occasional d
lirium, engages chief attention in the
capital. II
Lieutenant Governor Glynn formally
demanded from the impeached gover-s|
nor possession of the executive Offices
and all the facilities of the governor
ship. Sulzer formally refused to COM
ply.
Meantime Glynn usurped use of the
privy seal and otherwise enacted the
role of governor.
Mrs. Sulzer still lay so i'll she was
unable to see friends and had special
lists in constant attendance at her bed
side. She was improved when she
awoke from a refreshing sleep, but
was still gravely ill.
Mrs. Sulzer is still in a precarious
condition" reads bulletin issued
from her bedside. Her temperature
is 102 and pulse 11S. She continues
partially delirious."
THE only thing that's worrying me
about this whole business is Mrs. Sui
zer's condition" Governor Sulzer told
Colonel T. w. Simons, of Washing
ton, as they entered the capitol to-
gether: "She is very i'll and the d.
scalawags have brought her name into |
the affair"
This was the first public reference |
the governor has made to the state |
ment that Mrs. Sulzer had used some
of his campaign contributions without
his knowledge to invest in stockscHe
spoke in the presence of newspaper
men.
1T is too bad,' agreed Colonel ST.
mons.
"Yes," replied the governor, Il feel
like punching the noses of the scala
wags who brought her into it."
To another friend the governor said:
Il can fight my own battles for my
self. 1t was wrong to bring a woman
into the case. | wish there was some
way we could keep her name out from
now on. She is very i'll and 1 was up
with her nearly all night"