Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-16

ALBANY, y. Y. August 16 = New
Yorks two governors, after the epistolary
clash of yesterday. continued today with
Increased bitterness their conflict for sole
possession of the chief executives chair
and functions. The proposal of William
Suzer. the impeached governor. that he
and his rival lay their respective claims
bc-o-e tae courts for speedy settlement
enc to grief last night. Lieut.. Gov.
GlSnT. $40 claims that he is acting gov
ernor by virtue of Sulzers Impeachment.
no,..icG VI. Suizer that he had no inten-
tio. Of asking any court save the court
for the trial OF impeachment to decide
idt az. .St;Cn.
Air. Giynn refusal places the entire
Sit Iation At sea again. Indications late
yesterday afternoon were that there
would bc an alnicaole adjustment. MIR.
Su'zers lawyers conferred with Mr..
Giyuus regarding possible methods of
taking tue issue into the courts, and it
was generally expected that a way Of
doing this would be devised. MIR. Glynns
refusal IL arbitrate was distinct sur
prise 10 Mr. Suffers friends.
Cannot Barter Functions.
1T is beyond my power TO barter away
any CT the functions attached to the
office in which am placed b. your i'm
parchment reads Mr.. Glynn's reply to
AIR Suffers suggestion Any attempt
on my part to do so or 10 stipulate a
method by which it might be done would
properly place me in the position you
now occupy-that of being impeached
for maifeasance in office. l cannot and
will not attempt to do it,
Il hold myself in readiness to per-
form and shall perform, every function
of the Office of governor. except in so
al as 4 am restrained by your illegal
I. n or by physical force.
No one was willing to forecast this
.rning what the day would bring
lth.
among the reports current was one
mat Mr.. Glynn expected to go in per-
son 10 the executive chamber and at
tempt TO perform the duties of the gov
ernor Mr.; Suizer asserted that he did
rights OF the governorship.
The words physical force" were
brought into the controversy for the
first time by Mr.. Glynn's letter
Glynn's Letter to Sulzer.
Mr.. Glynn's letter. addressed 10 The
Hon. William Sulzer." and signed as
acting governor follows:
Dear Sir: / have your letter OF this
date refusing To comply with my de-
mand this day served upon you that
you surrender TO me- your successor
In exercising the functions OF the office
OF the governor. the governors privy
seal, the executive chamber and the
books and papers appertaining to such
Office of governor. At the end of YOUR
letter thus refusing you suggest that
steps be taken TO secure decision by
some court as to which one of US is
entitled TO exercise the duties Of Office
II know Of no way by which | could
make. and no condition that would
justify me in making. any such stipula-
tion. The constitution was designed to-
and am advised and believe does spe-
officially and completely cover the juno
ture nov existing, and supplemented by
statutes passed by the legislature and
now in force.
1T is beyond my powsr TO barter away
any OF the functions attaching to the
office in which / am placed by your
Impeachment. Any attempt my part
10 do so, or to s,pulate method by
which il might be done. would properly
place me in the position you now occupy
that of being impeached for malfeas-
ance in office. L cannot and will not
attempt to do II.
Now in Highest Court
The entire matter is now in the high
est court OF the state-the court Of i'm
peachment. No order that any lower
court could make, no Judgment that IL
could render. would nave the slightest
binding force upon this high court. No
member of the court of appeals. certain
ly member of the lower body, the su-
preme court, can in any degree nor un-
der any circumstances interfere with thu
Jurisdiction. or the decision of such court
of impeachment. save. and save only. as
the members of the court of appeals shall
cast their individual votes as such MEM
bers of the court.
THE decision Of the court of impeach-
ment 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 the proceedings of such court of i'm
peachmenf by any member of any lower
court would be as futile as would any
attempt of a justice of the peace TO en-
join the chief judge of the court of ap-
peals from exercising his functions as
sGch chief Judge.
THE constitution has fixed this as the