New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-23
LEGISLATURE THINKS /
CAN CHECKMATE SULzER
Hopes to Save 0fficehoIders by
Recess Instead of AID.
jOurnment.
GOVERNOR READY TO ACT
Will Proceed as if Extra SEES.
sion Were Thing Of Past
Has Not Asked Whitman to
Probe Perjury Charges.

Iron a staff Correspondent Of The Trbun.
Albany, July 22.-The Tammany con.
trollers of the Legislature decided to-day.
after a brief perfunctory legislative ses-
sion, TO finish up the work of this extra
session. or at least such OF It as has the
Endorsement Of 14th street, by THURSDAY
or Friday of this week.
If Governor Sulzer does not send in any
more emergency messages, and the legis-
lators do not believe that he will, the
plan is to finish up the few bills that
are now before them. leave the Gov
errors recent nominations slumbering IN
the care of the Finance Committee, ana
take recess until some date in September.
The idea of such a recess. rather than
an ordinary adjournment, is to block of
Sulzer in any attempt to GUST Tammany
officeholders and substitute men under
recess appointments" the Tammany
contention being that while the Legslat-
uro is in recess only il is an existing body
and cannot therefore be ignored by the
Governor in his appointments.
Senator Wagner. the Senate majority
leader, made II plain to-day that Tam
many would certainly hang on 10 what
ever advantage there may be in a con-
tinung Legislature, until the Governor
declared himself unequivocally as to the
possibilities OF further emergency mes
sages bearing on further legislation
The Tammany men are viewing the
extra session as a sort Of waiting game"
in which they can beat Sulzer by keep
ing quiet until they force him 10 make
the first move. Suffers friends were say
ing to-day. however, that the Legislature
was hanging on i'm inactlon simply be-
cause the orders for definite action had
nos come from Good Ground or 18th
street" The Governors supporters init.
mated that II was his plan 10 stand pat
on his present record as TO recommended
legislation. wait patiently until Tammany
gives up. at least to the point Of recessing
the Legislature. and then make all his
appointments as II the Legislature was
, out Of existence.
The Gov ernor believes, IL was said to-
day. that ne has found a precedent for
such action in the records OF the Legts-
lature of 1872, when a Governors recess
appointIr ents. carried 20 the courts. were
declared valid i'm spite OF the fact that
the Legislature had taken monthly re-
cesses all through the year.
In answer 70 queries as TO report that
ne had asked District Attorney Whitman
10 investigate the source Of the recent
stories. first circulated by "Packey' Ne
Cabe as to perjury in Vermont" Gov
ernor sulzer to-day declared that he knew
nothing Of any such request. II was said,
however. that the Governor was keenly
interested Just how the story was made
public, and that ne had made some quiet
injuries Of hts own along that line.
Isidor wasseryogel who Is acting Dis
trlct Attorney while Mr.. Whitman IS TAX
ing a vacation trip TO Nova Scotia SAID
Yesterday that so far as he knew there
had been no request by Governor Sulzer
TO institute a grand Jury inquiry into the
perjury charge and breach OF promise
suit recently brought against the Gov
ernor.
Ten days ago District Attorney Whit
man went 10 Albany and had talk win
Governor Sulzer. IL is believed that the
suit brought against the Governor was
one Of the topics Of conversation. IL was
said yesterday that IL request for
grand jury inquiry had been made oy the
Governor during that conversation. the
inquiry had not yet taken form, as neither
witnesses nor documents had been sub
p9naed.