New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-24
Hopes to Have U. S. SUI
preme Court Pass on His
Impeachment.
SEEKS TO RECOVER
PAY AS GOVERNOR
Action Against Controller Will Be
fastened Through State Tri-
bunals by Agreement.


Albany. Feb. William Sulzer took
the first s,cp to-day IN an EFFORT 10 have
the United states Supreme Court pass
mon the legality OF his removal from the
once Of Governor when his counsel
colonel Alexander : Bacon, applied TO
Justice Alden Chester. OF the Supreme
Court and obtained an order TO show
cause Why q peremptory or alternative
writ 81 mandamus should not be issued
against Controller Sohmer compelling him
70 pay Suzer his Salary az Governor since
no was deposcd. on October s.
When ATTORNEY General Csrmody in
formed Justice Chester that he would OPP
Dose the granting of tine writ, the court
said the writ would DC refused as mat
Ger Of law. holding that the court Of i'm
peachmeEt already had passed on the
eontentiOns OF Mr.. Sulzer
An agreement then was made between
The Attorney General and Alexander s
Bacon. counsel FOR Nj. SulZer. TO facili-
tate the determination by the state courts
~ the questions involved. The Appellate
Division Will he asked 10 affirm Just.ce
Chesters proposed order denying the
granting Of the writ. and then the case
will b. carried 10 the Court Of Appeals
where q similar request viii DC made
Case To Be Hurried Along.
Thus M. Sulzer will be able to flo his
case i'm the supreme Court Of the United
states with little delsy. II is believed.
Doubt is expressed. however. II final
decision can be obtained from the Sd
rrcme Court before tire term OF Governor
Glynn. successor TO Mr.. Sulzer. shall have
expired. ON Decemtcr 81. Sulzer alleges
in his petition:
That the Assembly acted illegally when
the impcachmcnt resolution was adopted.
and the petitioner was deprived Of his
office and emoluments without du"
process Of law
That the Assembly was without jurls-
diction 10 consider any subject 81 an oX-
trsordinary session of tine Legislature eN-
cept as recommended 10y the Governor.
That the Court of Impeachment was -
logally organized. FOR the reason thar
three Supreme Court justices participated
in the deliberations Of the court The\
were Justices Hiscock. Chase and Miller.
That Senator Wagner then temporary
prcsident Of the Senate. and Senators
Frawley. Ramspercer. Ssnner. Brown
THOMPSON. Blauyeu and others should
not have been permitted 10 pass judgment
on Suizor The objection 20 wagner u
that he had a pocuniaTy interest IN '"e
rrocccdinss as on the impeachment oI
Sulzcr he became Lieutenant governor
with a salary Of s. coo. instead OF S'oV'
received bv Senators. The objection 20
tho others is that they openly expressed
their hostility TO Sulzcr. several OF thon'
being membcrs of the FrawleE invesh-
eating committee.
Not Improbable, He Says.
That oven If the Court Of Impeachment
had been regularly convened the con
viction was Illegal because the acts o,
which the former Governor was iouho
guilty we're not Improbable offences. ana
occurred prior to his induction into once
The said alleged Court Of lmpeach-
ment." continues Suffers petition, nav
iu,, been called into being by no author'
itv cxcept tine alleged resolution OF I'M
neacl nont. which resolution was uncon
stitut.1nal and void had no rover TO con'
vene or convict cor condemn ana sen
te,,a vour petitouer and all OF the pro
cccdings taken therein ere unconsu'utioi
al. non-iurisdictional and void
Annexed TO the petition are arhuaN'''
of Alber, f.. Geyer of Buffalo Demo
crst. George W. Jude, Of jamestown i
Progressive and Clinton T. Horton bul
tslo Republican. all members OF the AS
semblv in 1913 Geyer sWears he az
tended the special session but mad had h'
notice I'm advance that an Impeachment
resolution was 10 be presented. jude ai'
Horton swear they mad received no no'lc'
Of such a meeting Of the Assembly ah'
that il they had they would have beei
present and voted against the adoption OF
tho resolution.
This is the first proceeding institu'eu
by Governor Sulzer himself TO test the
validity Of his removal from Office
New York City printer began en- ACTON
hut it Was not pressed. Another acuoh
was begun 10y Joseph Robin, the bdnn
wrccker. when the warden of Blackwell
island penitentiary refused TO honor
pardou signed by Sulzer.