Evening star., 1932-09-02
BY the Associated Press

BY the Associated Press
NEW YORK. September Mayor
Walkers statement last night in fun
fellows:
"a letter from my counsel. Mr.. John
~. Curtin. received, today. has caused
me to make O moneDtoHs decision.
That t whether or not I shall refuse
to 60 again to Albany to further sub
jeet myself 10 an un-AMcrican, unfair
proceeding conducted by Gov. Roose-
welt AGAINST me.
with my counsel, confident that We
would be accorded a fair hearing con-
Quoted In accordance with the rules
established under our principles of gov
eminent.
My counsel, Mr.. Curtin, demanded
at the opening of the hearing that the
Governor summon those witnesses upon
whose testimony Mr.. Seabnrv or the
Governor based the so-called charges
against me. in order that I might face
them and that nav counsel might have
an opportunity to eross-examine them.
This was denied by the Governor. At
no time was Mr. Seabury even called
upon by the Governor to name those
witnesses. much less to summon them.
AS soon as this ruling was made I pro-
tested. but without avail
Extraordinary Inauisitien.
DAY after day during the course
OF the proceeding it became more and
more apparent that Was being sub
jected to an extraordinary inquisition.
Il was not accorded even the ele-
mentary rights guaranteed to any de-
fendant in court of law. Instead OF
an impartial hearing, the proceeding
before the Governor developed into a
travestry. A mock trial, q proceeding
in comparison to which even the pTac-
tice Of a drum court-martial
seemed liberal.
Upon my counsefs insistence, the
conduct of this proceeding was sub
mitted to the Supreme Court in order
that the validity Of the objections Of my
counsel might be impartially adjudf-
Gated. The court decided on Monday
of this week that the Governor pro-
ceeded IN excess Of jurisdiction and
without warrant OF law.
"O BY denying me the right to
which I am entitled under the Consti-
witnesses and cfosS-exan1me them and
by his treating accusations rs self
proven without supporting evidence.
"(2) BY considering as charges. upon
which he might act adversely. q group
of accusations, more than two-thirds
OF the total number of charges, invClv
ing no wrongdoing In fact, and which
concerned alleged incidents occurring
prior to my second election. over which
he has no Jurisdiction under the Con-
stitution, the statutes, the decisions of
the courts, and the rulings Of prior
executives, including Cows. Charles Z.
Hughes. David B. Hill and Theodore
Roosevelt.
At Mercy Of Governor.
"(3) BY considering as charges. upon
which he might act adversely. certain
incidents involving no element OF
wrongdoing on my part, relating not
only to my official conduct, but to my
private affairs and the private affairs
of others having no official relation with
the City Of New York.
1.-The Supreme Court also held that
1t was without power to restrain the
Governor or prevent the invasion by
him of my legal rights. which legal
rights have been accorded without hesi-
tafice by all prior Governors when re-
ouested by oficials under scrutiny.
THE Supreme Court says that this
lack of power results from the Cover
nor invoking technicality-by max
ing a special appearance ana refusing
to Weld jurisdiction to the courts. The
court says this leaves me at the mercy
of the Governor and his av0wed de-
termination to subject me to an un-
lawful and unconstitutional exercise OF
power-a perversiUn of executive power
"A usurpation of power without color
OF authority under any statutory or
constitutional provision or sny JUDICIAL
or executive decision. all this In order
that he may accomplish a wrongful ana
unlawful END.
Il am told that the Governors Of
numerous States. and even In England.
the Kinp. Welded to the coiIrts In order
that no one may suffer from an unjust
or illegal act OF the executive or the
crown.
81 am also told that. SO far as the
courts are concerned at present. / must
submit to being outraged by the un-
lawful acts of the Governor. I did
not believe that In this dsy and age
any man in this country would assert
the right to act above the law. to ex-
ercise arbitrary and unlawful power,
while conceding he did not In law
possess arbitrary power.
Likened to George III.
"The Governor announced he would
not yield Jurisdiction to the courts.
which might restrain him from doing
illegal acts leveled at me. unlawful
under long-settled prior decisions, even
before TIE pronuuncement of Justice
Staley. The Governor has announced
that he will persist in his ILLEGAL course.
He has so announced at time when
am informed that If the rights which
he denies me were accorded the alleged
charges would have to be dismissed.
But I am told that am without
remedy at the present time in the courts
because the Governor asserts and
stands on an immunity from the process
of the courts which has not been as
serted even In England since the time
OF George III. whose assertions Of arbi-
trary power provoked the American
Revolutionary War.
II am told that am without remedy
at the present time In the courts, all
though the conceded and substantial
unlawful invasion OF my rights is due
to Governor who has 2 personal In
terest in the outcome OF the pending
proceedings of character which would
disqualify q judge acting in a corre-
spending capacity on the ground Of
bias.
''T'his indefensible and lawless pur-
pose of the Governor has revealed itself
throughout the hearing. He has not
called upon the accusers, particularly
Mr. Seabury, to produce any supporting
proof Despite declarations Of fairness,
he has been studiously unfair He has
acted as a prosecutor, although the law
requires that he be coldly neutral to
both accuser and accused and that he
be an impartial Judge. He has engaged
in a three -cornered, futile cross-exami-
nation of my witnesses. He has ex-
hibited discontinue and displeasure as
the unproven charges have been dis
proved under his eyes by uncontradicted
testimony. The burden of proof of my
innocence has been cast upon me BY
the Gnyernnr's unlawful nrncedrre