The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-24
Seeks Writ Of Mandamus to Get
Governors Salary Since
His Removal.
ACTION TAKEN AT ALBANY
Case to BE Taken to United
States Supreme Court
by Quick Steps.

Instituted proceedings through which he
hopes to have the United States Supreme
Court pass upon the legality of his re-
movai from ONCE.
On motion Of Col. Alexander s. Bacon.
Mr.. sulscr's personal counsel. Supreme
Court Justice Alden Chester Of Albany
granted an order to-day to show cause
why a peremptory or alternative writ
of mandamus should not be issued against
State Comptroller william Sohmer to d.
rect him to pay the Governors salary to
Sulzer since the latter's removal from Of
hce.
Attorney General Thomas Carmody
served notice on Justice Chester that he
would oppose the granting OF the relief
sought and obtain time In which to sub
nit Brief in opposition to the motion.
Justice Chester. however. signihed his
intention to refuse to grant the writ as
a matter Of law on the ground that the
courts had already passed on this question
when the court OF Impeachment voted in
favor Of Sulzer's removal
To Expedite This Case.
1t was agreed by Mr.. Carmody and Col
Bacon to expedite the case. The APP
pellate Division OF the Supreme Court at
Albany will be asked to affirm Justice
Chesters refusal to grant the writ and
the case will be carried Immediately to
the Court Of Appeals, where a similar re-
quest will be made. In this way Mr.. Sui
Ter will be able to carry the matter to the
Supreme Court of the United States with
as little delay as possible.
Lawyers here agree that II will be at
least year before the questions involved
can l., heard by the highest court Mean
time Gov. Glynn's term " office will have
expired on December 81 next.
In his petition Gov. Sulzer raises the
following questions:
That the Assembly acted Illegally when
the Impeachment resolution was adopted
AMI for that reason the resolution was
null and void and the petitioner unconsti-
tutionally deprived of his office and emol-
uments thereof without due process Of
law.
That the Assembly was without juris-
diction to consider the subject at an
extraordinary session OF the Legislature
except as recommended by the Governor
Impeachns~n mt Court Attacked.
That the court OF impeachment was H.
legally organized FOR the reason that three
Supreme Court judges participated In the
deliberations OF the court. These judges
were Justices Frank II. Hiscock, Emory
A. Chase and Nathan l.. Miller. AL
though Supreme Court justices they were
members Of the Court OF Appeals by the
designation OF Gov. Sulser This same
question was raised during suffers trial.
but Chief Judge Cullen ruled that they
were entitled to sit as members ~ the
mpea chment court
That Senator Robert l.. Wagner. then
temporary President Of the Senate. and
Senators Frawley, Ramsperger. Sanner.
Brown. Thompson. Blauvelt and others
should not have been permitted to pass
judgment on SulZer. The objection to
Wagner is that he had "A pecuniary in
terest in the proceedings for the reason
that upon the Impeachment Of Sulzer he
became Lieutenant Governor, with a sal
AIRY OF 5000 instead Of $1,000 allotted to
Senators. The objection to the others is
that they had openly expressed their hos
tNlty to Sulzer. several of them being
members OF the Frawley investigating
committee.
That even IL the Court Of Impeachment
had been regularly convened the convic-
ton was Illegal. because the acts upon
which Suker was found guilty were not
Improbable offences and occurred prior
to his induction into office.