The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-21
H as N OF Recognized
Right of Lieutenant
Governor to Act:
DEFIES LAWYERS;
MAKES STATEMENT
Validity of impeachment Not
Yet Decided, and Action Taken
Pending Acknowledgements
Man, Jailed by Legisla-
turc, Secures Writ of
Habeas Corpus.

Albany, N Y September 2o.-1ov-
ernor sulzer tonight broke his long
silence which no has maintained since
his impeachment trial began. and de-
elarod he had no intention Of resigning,
and would night tho battle to the end.
-Rc1ignT' he calculated. 1T have no
moro idea of doing that than have Of
committing harakfri" and then the
Governor thurnped his interviewer on
the chest and gave other evidences of
the fact that he Is In lighting mood.
Tho Governors formal statement
that he would not resign was not Is
sued until after no had argued ut great
length with his counsel. Throughout
the case they have been opposed 10 his
saying anything for publication. but he
has ovcrruled them few times. though
not since the trial began until tonight.
Never Thought OF Resignins.
His statement follows:
IT have been advised by my counsel
not to mako any statement or DO any
talking. but l have got to have my
way In one thing.
II am not going L resign. and I
have never thought OF doing So
THE stories that I am arc circulated
for political effect, and no one better
than their authors knows their utter
talsity"
Counsel for Governor Sulzer tonight
refused TO discuss whether he would
take tho witness stand. but II is said
by close friends that he has no other
thought. lie feels, they say, that he
has story TO tell that tho people
should hear. and he is going to tell It.
But he Will not say that such is his
plan.
Tho general Interpretation placed
on tho letter which Mr.. Sulzer sent
yesterday TO Lieutenant-Governor
Glynn. turning over TO him for sigma
lures requisition papers for tho ex-
tradition OF Il prisoner. was that he
would resign. The letter was taken
to mean that the inpcached exec4
tive thereby recognized the right Of
Mr.. Glynn to act as Governor pending
the outcome OF the trial.
ALI Emphnticnily Deny.
That his counsei--Valentine Taylor
and D. Cady Herrick. as we'll as the
Governors secretary. Chester C. Plat
all enphatically denied.
They made 1t plain that ne did not
recognize In the recent decision OF
Supreme Court Justice Hasbrouck
that Mr.. Suizer, as Governor. had no
right to exercise the pardoning power.
Neither Governor Sulzer nor his
counsel" said Judge Herrick tonight,
has conceded for one moment the
right Of observation-disclosures Glynn
TO act as Governor. nor that the AS
at the extraordinary session"
Counsel for Governor SulZer asked
Mr.. Glynn shortly after the articles OF
impeachment were served on the GOV
ernor TO make a test case, SO that the
question as to who was to act as Gov
crnor in the meantime might be de-
cided or course. 1t followed that II
such q test was made, both parties
would abide by the result The re-
quest was refused.
Waiting for Reversal.
without any cooperation on the
part of, or by the advice OF counsel
for the Governor a case was brought
before Justice Hasbrouck. which In
volved the question as to whether
Governor Sulzer had the right to grant
pardon. That decision was ADVERSE
to such right Governor Sulzer i'm.
mediately was advised to perform no
further executive act. but to respect
the decision Of tho court until 1t should
be reversed.
Yesterday two matters arose that
seemed to demand immediate consider
alton, and under the decision of Justice
Hasbrouck, It was thought that the
public would not recognize any act or
Governor SulZer. His counsel for the
purpose OF enabling the seemingly
urgent matters to be disposed Of. adj
vised that the papers should be trans
mitted to Lieutenant-G Governor Glynn,
thus abiding by the decision OF the
court until it could be reversed by
higher tribunal.
Validity of Impeachment Not Decided.
The question as to tho validity or
the impeachment Is now being argued,
and 1t is absurd to think. pending that
argument and before any decision by
the court for the trial OF impeachment
is made. Governor SulZer or his coun-
sci would In any way concede the le-
gality of tho proceedings OF the Legis-
hal
titled to continue to act as Governor.
The decision of tho court of impeach-
nent on the question Will probably
como Monday Attorney Marshall Is
expected to finish his argument Mon
day morning, and Judge Parker chief
counsel for the impeachment managers.
will answer It, Tho vote will follow.
Garrison Gets n Writ.
James c. Garrison. the Governors
friend and graft investigator. to-day
was still n prisoner In the Albany
County Penitentiary, where he was
yesterday committed by tho New york
Assembly.
supreme Court Justice Cochrane, at
Hudson, tonight issued writ of ha-
'beas corpus for Garrison, returnable at
Troy Monday afternoon.
Tho writ was obtained after day
of hard labor by Gilbert p. Roo and
John T. McDonough. attorneys for
Garrison. Early to-day they began
searching for a Supreme Court Justice
IN Albany, but their efforts were flu
Tile. Then they began telephoning
around the State for another Justice
FINALLY Justice Cochrane was located
nj his home in Hudson, where he issued
tho writ.