Evening star., 1932-08-18
COURT RESTRA|NS
ROOSEVELT FROM
RULING ON WALKER
Order Served on Governor
Prohibits Decision Until It
Has Been Argued.
CURTIN OPENS ATTACK
ON REMOVAL CHARGES
Defends Mayors Action
in Regard to Taxicab
Control Bill.
BY the Associated Press,

| BY the Associated Press.
ALBANY. N. Y. August ia court
order, accompanied by stay restrain
ing Gov. Roosevelt from ruling in the
! Walker case until the order had been
argued, was procured for Mayor James
j. Walker today and served on Gov
Roosevelt.
The order, signed by Supreme Court
| Justice John T. Loughran, at Kings
ton, was asked by John ]. Curtin,
| chief of the mayors counsel. 1t is re-
turnable tomorrow morning before a
special term of Supreme Court at Al
bany, presided over by Justice Ellis j.
Staley.
Curtin declared last Sunday night
that if he should attempt to halt the
Governors decision he would move for
a stay order before the custer hearing
was completed.
He said he did not want to be in the
position 'of locking the stable door
after the horse was stolen"
Would Block Hearing.
The Loughran order said in part:
1T is ordered that the Hon. Franklin
D. Roosevelt as trier of facts
in pursuance to the greater New York
City charter and the constitution of
the State of New York, show cause be-
fore this court why an alternative
order Of prohibition should not be made
by this court directing him to
refrain and dissent from taking any
steps toward the execution of enforce
ment of any order of removal OF the
petitioner as mayor of the City of New
York"
The order also directed the Governor
to show cause tomorrow why ''he should
not be absolutely restrained from pro-
ceeding further with the hearing and
determination" of the proceedings.
Second Court Move.
The action recorded at Kingston to-
day was the second successful effort to
instigate court procedure questioning
the Governors power to pass upon the
mayors fitness to remain in office.
An attorney for George Donnelly.
secretary of the Bronx Chamber Of
Commerce, last week obtained an order
from Justice Harold Hinman of the
appellate division, calling upon Roose-
velt to show cause why writ of pro-
hibition should not be issued. The
Donnelly order also comes before JUS
tice Staley tomorrow.
Donnelly contends the Governor, II he
decided to remove Walker, would be
violating the "home-rule" provision of
the State constitution.
Based on Constitution.
Today's court order was obtained by
John Glynn, assistant to Curtin. The
Walker petition was based on section 7,
article 10, of the New York constitution.
That section reads:
Provision shall be made by law for
the removal for misconduct or malver-
sation in office of all officers, except
Judicial, whose powers and duties are
not local or legislative and who shall
be elected at general elections, and
also for supplying vacancies created by
such removal"
Neither the order issued today nor
the previous one will hold up the re-
moval hearings, the Governors legal
counsel explained
John j. Bennett. jr., attorney gen.
eral will appear before Staley tomor-
row as "a friend of the court" and not
as RooseyeltS representative. Bennett
said he would point out to the court
1t was without jurisdiction to intervene
in the executive duties of the Governor.
Contends He Is Judge.
Curtin throughout the hearing has
contended that Roosevelt is sitting as
judicial officer; that the proceedings
| are judicial and that Walker should
be given the right to face his accusers
and cross-examine them. Curtin also
argued the Governor should call the
| witnesses who appeared before the
Hofstadter Legislative Committee. Roose-
velt Yesterday granted Curtin the right
to subpoena all of the hundreds of wit
nesseS who testified before the legis-
lative body.
Meantime, Gov. Roosevelt continued
with his hearing Of Walker.
Attacking the Is conclusions upon
which Walkers removal is demanded,
Curtin asked Roosevelt to dismiss
the charges and retain Mr. Walker in
his $4,000 job. Curtin, red of face and
emphatic of tone, asserted the evidence
did not sustain the charges.
A reference by Curtin to Judge Sea-
bury's snoopers" brought Seabury to
his feet, protesting.
Turning quickly toward the chief
counsel to the Hofstadter Committee,
Curtin exclaimed:
There's nothing wrong with that
word. 1t Is good word"
Curtin took up each of the Is con-
, clusions, prepared by Seabury They
indicate, Seabury holds, that the mayor
used his Office for personal gain.
Attacks Pool" Charges.
Curtin, moving rapidly through the
charges, said there was nothing to show
that Mr. Walker was 'cut in" on the
Cosden oil pool in return for favors to
| taxicab interests.
| He said, a bill increasing taxi rates
was passed by the board of aldermen
and sent to the mayor in April, 1880
or 1881.
I'm any event that was his (the
| mayors) chance to do something for
this taxicab man" Curtin added, 'and
what did he do but veto that bill?
He vetoed that bill and by that
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