The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-08-22
ATTORNEY ASSERTS
ACTION IS NEEDED
TOAVO|D VIOLENCE
Curtin Tells Judge There Is No
Law Permitting Removal
of Mayor
PROHIBITION WRIT ASKED
Roosevelt Issues State m ent
Saying Judge Cannot In
terfere With Executive
PROHIBITION WRIT ASKED

Supreme Court, Albany, N. z. Aug.
22.-[P)-Arguments upon which Ma
yor James j. Walker relies to obtain
court Intervention and halt his custer
hearing before Governor Roosevelt
were laid before Supreme Court Jus
tics Ellis j. Staley Monday.
Staley adjourned his session until
Wednesday, when John j. Curtin.
Walkers counsel, will submit briefs
of his arguments.
In closing his contention that
Roosevelt had denied the New York
mayor his rights, Curtin said: when
you come to think that the governor
feels he is above the law and there Is
no appeal, you will see that we can
only 60 to the courts for an order
to avoid physical conflict that might
otherwise ensue."
Contesting the executive hearing.
Curtin argued that there was no law
providing for the removal OF q New
York City mayor.
Mayor Walker has asked the su-
preme court for a writ Of prohibition
hearing charges against the mayor or
to restrain Governor Roosevelt from
removing him.
In statement early Monday. Gov.
Roosevelt contended that the courts
have no power to restrain him from
acting in his executive capacity.
1T is the unqualified position OF
the governor of the state Of New
York." said brief issued through the
attorney generals office, shortly after
Gov. Roosevelt returned from hts
campaign trip to Columbus, that the
court has no jurisdiction over the
person of the governor In the exer-
else of his official duties. II he
perversely or corruptly do an inten-
tional wrong, the constitution has
provided the only remedy, which is
impeachment"
Last Friday Justice Staley heard
arguments on similar petition, filed
by George Donnelly, a Bronx resi-
dent who championed "home rule"
for cities. The justice took up the
Walker motion before passing upon
Donnelly's petition.
Not Covered by Law
II think it ought to be said at the
outset" Curtin said, that this ap-
plication is not based on the theory
that the court has jurisdiction. No
jurisdiction is given the governor In
the constitution, so we are not deal
ing with a constitutional question.
Nor are we dealing with a general
law, for there is no general law
strange as it may seem-for the re-
moval Of the mayor Of New York
CITY,"
Mayor Walker was not at the court
session.
Upon the youthful shoulders Of
Henry Epstein, deputy attorney gen
eral, fell the task of combating the
Walker move for court decision
that would silence the governor. Ep-
stein is a son-in-law Of Max D. Steu-
er, one Of Tammany Halls chief legal
advisers.
Curtin argued against the governor
considering acts Of the mayor that
took place during his first admins
tration.
THE governor has taken unto him
SELF" Curtin said, "the right to in
vestiate a mans private conduct. He
seems to consider that while there Is
a bill Of rights, those rights do not
apply to a man in public office.
THE governor is going into things
that do not involve public trust.
Where is the law that permits that?"
Judge Quixxes Epstein
II understand" Justice Staley said
as Epstein began his argument, that
your special appearance here IS an
expression Of the unwillingness Of the
governor to submit to the jurisdiction
Of the court"
Il won't say that" the deputy at
torney general replied, hut we will
not submit to judicial determination
OF an executive proceeding now IN
progress, under writ Of prohibition"
Il suppose should come to the
conclusion" Staley observed, that
the governor is not acting within his
jurisdiction, but that a writ Of pro-
hibition would not apply"
What have you to say about I'm.
sworn. ex-parte testimony taken be-
fore the governor as q basis for re-
moval?" Justice Staley queried.
The question is whether the Gov
ernor is conducting this hearing Ia
legal and reasonable manner.
responded Epstein.
The hearing is based on sworn
testimony received in public"
without the production OF the
witnesses" Justice staley added.
Epstein said he touched upon that
angle because your honor asks me
to, not because It Is germane to the
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