The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-08-19
cARMoDY HOLDS THAT LIEUT.
GOVERNOR is LAWFUL CHIEF
EXECUTIVE OF NEW YORK.
ASSEMBLY WAS WITHIN RIGHTS
Had Authority to institute impeaeh-
ment Proceedings at Extra Session
Activities of Rival Camps Center on
the Escape of Harry Thaw.

Albany, N. Y, Aug. 19.-Lieut. Gov.
Martin H. Glynn is the lawful Chief
Executive of New York state pending !
the outcome of impeachment proceed
ings against Gov. Sulzer, according to
an official opinion handed down by At
torney-General Thomas Carmody to
Secretary of State Mitchell May. Mr.. !
Carmody holds that the assembly was
within its rights in instituting inn
peachment proceedings at an extra
ordinary session.
when the Governor is impeached
by the assembly" says the opinion, "all
| of his powers are suspended automati-
/ cally until he has been acquitted or
the impeachment proceedings dismiss
ed by the court of impeachment In
the meantime the Lieutenant Cover
nor acts as governor This is the
plain intent of the Constitution. Any
other construction would nullify Its
express provision"
With reference to the authority of
the assembly to initiate impeachment
proceedings, the attorney-general says:
at is my opinion that if the assembly
was not assembled, either in eXtraor'
binary or regular session. it might as
semble itself and proceed to the dis
charge of its power in this regard
Otherwise the governor of the stats
could prevent the impeachment of him
self and his friends in office fol
crimes, however great, after the ad
. journment of the regular session of the
legislature, by the simple process o
omitting to call the legislature in ses
sion"
Neither Gov Sulzer, Lieut.. Gov
y Glynn nor their counsel would discuss
: the attorney-generals opinion las
f. night
n The activities of the rival guberna
!. tional camps during the day centeret
It largely on the escape of Harry K
II Thaw from Matteawan, and the meet
II ing of the Public Building Board t
n open bids for reconstruction work II
5, the Capitol. The bids for Capitol cor
n struction were opened in Mr.. Sulzer'
j. presence by Chester C. Platt, secre
tary of the board, an opinion havin
E. been rendered by the attorney-genera
d that such action met legal require
r ments
,e Attorney-general Carmody's opinio
r, with reference to the status of tn
ot governorship and the authority of th
lie legislature lays down these principles
at After the impeachment of the COVE
nor by the assembly the powers an
rg duties of the office devolve upon tn
as lieutenant governor~until the disabilit
s. shall cease.
is "The term Impeachment is used
~ this connection in its ordinary sens
lie and means the presentation of charge
ut "The assembly is not precluded fro
e the exercise of its constitutional poN
ed ers by the fact that at the time Il
n. legislature of which it forms part
convened in extraordinary session f
other purposes"
ey The attorney general finds that t
". claim that the assembly was witho
ma authority to institute proceedings
al an extraordinary session "'is cleal
rot based upon misapprehension of I
-as nature of the functions of the asseu
nd ly when adopting and presenting I
articles" He adds: This is in
ed. sense a legislative function. II X ju
SC cial."
the - Y
- IrNAAtoo ~ AAAAnnua