The Washington times., 1932-09-02
NAME Of SMITH.
HEARD ANEW
IN GOSSIP
Ex-Governor Again Mentioned
As Favored by Some to
Rule New York City

(contisusd from PaRs -
doubt about the course he will
follow In certifying vacancy in
the mayors office to the board
OF elections.
mo Vacancy" Hint
However, in certain legal circles
there prevails the belief that no
vacancy exists and that Alder
manic President Mckee, VINO
automatically became mayor upon
Walkers resignation, will remain
the city'S chief executive until
walkers term expires December
81. 1888.
Former Mayor Walker slept
late at his apartment in the May
fair House. He planned to take
q vacation trip soon to recuper-
ate from the nervous strain
which he has been under.
He was represented by his init
mate friends as feeling happy
and much relieved" He is now
a private citizen after % years
OF public life.
Walker, in his statement ex-
planning why he resigned, did not
state in so many words that he
was going to campaign this fall
for, reelection but he clearly i'm
piled it. He bitterly attacked
Governor Roosevelt, charging
him with conducting "un-Amer-
lean, unfair proceedings
Doctor Urges Rest
The ex-mayor is suffering from
low vitality and a weak heart
and his doctor advised him to
obtain all the rest possible.
HIS former physician, State
Senator William L. Love, today
expressed the opinion that Walker
mas sustained a severe. shock to
his nervous system and that his
condition is below that of the
time in 1923 when he COLLAPSED.
Love said he considered the ex,
mayor to be a victim of "ac-
quaintances who pretended to be
friends"
Legal experts voiced the Opin.
ion today that there will be
court test of the constitutionality
Of q mayOralty election Novem-
ber 9. When City Clerk Cruise
certifies to. the board of elec-
tons that q vacancy exists, the
board will ask the corporation
cOunSel'S office for an opinion on
the legal points involved.
There is little doubt that the
corporation counsel will sustain
Cruise and hold that a vacancy
does exist.
Objections may be raised by
outside civic agencieS-such as
the Committee of One Thousand,
the Citizens Union, and the City
Club-and they may seek a de-
ctsion in the courts.
In a statement charging that
Governor Roosevelt had q per.
Sonal interest" in the custer pro.
ceedirgs, Walker said:
"Yet / am not without a
remedy. 1 can by my own
act change the venue. 1 can
change it to the supreme au.
thOrity, the people themselves"
:. He resigned because, he said,
he felt he was not being given a
fair "triap before Governor Roose,
velt on charges of malfeasance in
office made by Samuel. Seabury,
chief counsel of the HofStadter
legislative committee, which con.
Quoted a long investigation of
Tammany Hall and the Walker ad-
ministration.
"StudiOusly Unfair"
He charged that the Governor
had "a personal interest in the
outcome" and asserted that de-
spite Roosevelt's declarations of
fairness "he has been Studiously
unfair"
The mayors resignation was
decided upon after a conference
at his hotel. the Mayfair House
with his chief counsel, John J.
Curtin. who defended him before
Governor Roosevelt.
Curtin did not specifically
recommend the resignation, al.
though he did so in effect.
In q letter Of advice which he
wrote for the mayors guidance,
Curtin pointed out there were
two courses open to the mayor.
namely:
"TO continue to submit to-
the illegal and unfair proceed
ings before the governor, in
which may eVentuate an Illegal
order of removal which would
be void from its entry.
"FO submit your case to the
people Of the city Of New York,
who, after all, are the Snes
most concerned"
Curtin added
(which course you; should.
fellow Is for you TO decide.
whatever cOuse you take will
be satisfactory to me" :
Walker chose the. second course
and in a statement bitterly ar
raigned Governor Roosevelt. = 8,
shall 1 BE LynChed?"
Charging "a perversiOn of
executive power" he asked:
Shall 1 permit myself to be
lynched to satisfy prejudice or
political ambitiOn?"
After Walker decided to resign
he was "a greatly relieved man
and smiling" according ITO his
cousin and secretary. George Col
linS. ...., .- -.
Walker seemed to be on the
verge of collapse yesterday when