The Barre daily times. (Barre, Vt.) 1897-1959, 1913-08-19
CARMODY DECLARES
GLYNN is GOVERNOR
Continued from first page.)

largely upon the escape of Harry j..
Thaw from Matteawan and the meeting
OF the public building board to open bids
for reconstruction work in the capitol.
The bids for capitol construction were
opened in Mr.. Suffers presence by Ches-
ter S. Platt, secretary of the board, an
opinion having been rendered by the at
torney- generals office that such action
met legal requirements. Although one
of the points Governor Sulzer has raised
respecting the legislature is that it had
no right to conduct any business what
ever in the absence of quorum, he was
the only member present at this board
meeting and conducted the entire pro-
ceedings.
The expected meeting, in this connec-
ton, OF Mr.. Glynn, as acting governor,
Senator Wagner as lieutenant governor,
and Speaker Smith of the assembly did
not occur. Mr.. Glynn declined to say
if date had been appointed for such a
meeting, adding that it made little diff
ference, as considerable time must in
tervene beShre contracts can be awarded.
During the day he signed some official
documents, including papers for the ex-
tradition of Norman Foot, prisoner in
the Albany Jail, charged with larceny
at Pittsfeld, Mass.
Late in the afternoon a huge floral
design was taken TO the executive cham
Der, labeled ''Newburg's Tribute to Gov
ernor Sulzer; $500 if you need it"
Glynn Forces Elated.
The Glynn partisans were elated at
the stand taken by the attorney general,
as it is customary for the state depart
ments to heed his legal opinions. This
tends further to isolate Governor Sulzer
IRON the rest of the state machinery.
The policy adopted by Mr.. Sulzer of
screening his official acts from the public
was rigidly adhered to.
Attorney General Carmody's opinion
with reference to the status of the gov
ernorship and the authority of the legis-
lature lays down these principles of
law:
after the impeachment of the govern
or by the assembly, the powers and du-
ties of the office devolve upon the lieu
tenant-goyernor 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 its constitutional powers
by the fact that at the time the legis-
lature of which it forms a part is con-
vened in extraordinary session for other
purposes"
In support of his contention, the at |
torney general quotes article 6, section 6, |
of the constitution, which provides that
"in case of the impeachment of the gov
ernor or his removal from office" by rea-
son of death, resignation or other causes,
''the powers and duties of the office shall |
devolve upon the lieutenant governor for
the residue of the term, or until the dis
ability shall cease. The attorney gen
eral then cites section 100 of the code of |
procedure as Legislative inter
probation of the organic law" on the
point in question. This section reads
mo officer shall exercise his office after
articles of impeachment against him
shall have been delivered to the Senate,
until he is acquitted"
"The meaning of the word 'impeach
ment' is well defined" the opinion re-
,ites, ''both in its popular and its legal
meaning. 1t unquestionably means the
of the charge. 1t is so used
N the constitution itself, which provides
N section IL of article 9
''The assembly shall have the power of
by vote of a majority of
Ill the members elected
Practically similar provisions have
been Incorporated in all the constitu
ions of this state, the attorney general
contends, for more than century, and
his fact has been so recognized by stat
lite. He cites the case of David Butler,
Who was impeaehed in 1871 as governor
If Nebraska, the duties of governor inn
devolving upon the next in
inc of succession, under constitution
With substantially identical provisions.
The attorney general discusses the
lain that the assembly was without
to institute impeachment pro-
eedings at an extraordinary session by
eason of the constitutional limitation of
at such session to mat
ers specifically recommended by the gov
rnor This claim, he finds, lis clearly
'ased upon a misapprehension OF the