The Washington times., 1932-08-19
SPEED SOUGHT
BY GOVERNOR
ON VERDICT
States Counsel Urges Early
Decision, Opposes Delay
Sought by Curtin

(continued from Page -
to give a satisfactory explanation
Of the source of this money.
"AbOve Suspicion"
Seabury alleged Sherwood was
che mayors financial agent.
Walker denied this. Curtin said:
There is nothing in the rec
ord that would cast suspicion on
Mayor Walker in connection
with SherwOOd's accounts"
Curtin stressed the point that
Beabury had never brought out
when the much-diScuSSed Sher-
wood special account" was
opened. AS a matter of fact this
account was opened october IL,
1924, long before Walker became
mayor, Curtain declared, adding:
Certainly no one is going to
suggest that MIR. Walker was
irving to conceal his assets way
back in 1924. There was neither
point nor motive for Mr.. Wal
ker, if it was true that this was
his account, to carry it in any
other persons name.
I'VE find that in 1928, be-
tween October l and December
81, there was deposited in this
account S38,51O. Is there any
suggestion or proof that this
money belonged to Walker? The
answer is decidedly no."
Curtin said he had on record at
Aeast two other persons who had
transactions in the Sherwood &C,
count.
Tilt With Conboy
Referring to the Ungerleider
transaction, involving Sherwood's
purchase of $51,960 in stock, Cur
tin contended there was no evi-
dence that Mayor Walker had
anything to do with that.
Curtin engaged in a verbal tilt
with Martin Conboy, the gov
ernor's legal adviser, when he
stated he wanted bank records
eubpoenaed which he said would
show that the Sherwood special
account was "a continuation OF
the account of the late Senator
George Blauvelt.
Conboy saw no reason to sub
poena bank records, but offered to
give Curtin a subpoena for any
bank official who could establish
Curtin's contention.
Mayor Walker remarked:
"1t's all right to inconvenience
me, but don't inconvenience the
bank"
Governor Ready
Governor Roosevelt was repre-
eented at the court hearing on the
Walker petition by Henry Epstein,
deputy attorney general, who told
Justice Staley the governor is
ready to proceed"
Epstein declared the governor
"wanted to proceed as expedi-
tiously as possible" Epstein op-
posed granting weeks delay, as
wanted by Curtin, and Justice
Staley ruled he would hear argu-
ments Monday.
DOnnelIy Writ Argued
This disposed Of, Justice Staley
began hearing arguments on an
other writ calling upon Governor
Roosevelt to show cause why ne
should not be restrained from re-
moving the mayor.
This writ was issued last week
by Supreme Court Justice Har-
old ]. Hinman on the petition
of Attorney Sidney Levine, act
ing for George Donnelly, OF
New York city, a home-rule advo-
cate.
Called Peoples Power
Donnelly claims that under
The home-rule act of the State
constitution the governor has
not the authority to remove the
mayor.
Levine argued today that mel
ther the governor nor the legls-
lature has any right to remove
local officers" He said:
"That was recognized as
far back as 1846."
He claimed that the power to
remove local officers is vested in
the people.
Roosevelt Seeks Speed
He said the State constitu-
tional convention of 1846 made
it clear the people never in
tended that the governor nor the
legislature should have that
power He said:
Governor Roosevelt would be
exceeding his jurisdiction if he
removed Mayor Walker"
Epstein spoke against the writ,
saying Governor Roosevelt de
Sires to protest against it." He
said:
"The governor, your honor,
would like to have it disposed
of as quickly as possible"
Epstein declared the courts have
no power over the governor. He
insisted the power of removal is
an executive function.
Governor Roosevelt, according
to Epstein, is empowered to act
in the Walker case under Section
122 of the New York city charter
which provides that the governor
may remove the mayor in the
same manner as the sheriff " The