The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-09-02
ATTACKS ROOSEVELT
AS BIASED JUDGE
in CUSTER HEARINc
Says He Will Garry His Case to
Highest Court, That of
the People
SEEKS TO CHANGE VENUE
Asserts Governor Acted Illegal
Iy and In Avowed Usurp-
alton Of Power
SEEKS TO CHANGE VENUE

New York, Sept. 2.-(R,-James J,
Walker is mayor no longer-and the
bitter words Of his "au revoir" rang
through the political world Friday.
Looking like wrath Of the former
sparkling Jimmie" the man who
rose from Greenwich village obscur-
lty to world notice handed In his
resignation Thursday night while
Governor Roosevelt prepared to call
him again Friday for another session
of his long hearing on removal
charges. Joseph v. Mckee. president
Of the board of aldermen, automatic
ally became mayor.
Almost as sensational as his abrupt
resignation and his more than-a-hint
that he would seek vindication by
running again, was the Tammany may
ors undisguised assault on the man
ner In which Gov Roosevelt, national
leader OF the Democratic party. con-
Quoted his hearing.
Observation-Disclosures in.
QUESTION -"travesty"-"mock trial.
perversion Of the executive power
"studiously unfair"-"biased judge
were some Of the phrases that studded
the statement he gave out on his
resignation.
He announced the purpose Of his
resignation was to change the
venue"
Il can change it to the supreme au-
thority. the people themselves" he
said. Il can change the place of trial
so as to take it away from a biased
judge acting illegally and in an
avowed usurpation Of power, with q
personal interest in the outcome that
disqualifieS him as matter Of COM
mon decency from acting as a Judge
in the matter"
Roosevelt Is Silent
Nothing at all to say" was Gov.
Roosevelt's only comment Thursday
night. But from Samuel Seabury,
counsel for the Hofstader legislative
investigating committee which dug up
the material on which the unfitness
charges were based, came this state
ment:
THE charges against the mayor
were fully proved and corrborated in
many instances by documentary evil
dence which was undisputed and by
the admissions Of the mayor.
THE mayors resignation In the
face of this record is equivalent to q
confession Of guilt.
mo intelligent person will be mis-
led by the mayors attempt to substi-
tute for defense an assault upon the
good faith and the motives of the le-
gally constituted authority to review
his acts while In office.
ut is highly significant that this
excuse is availed of by the mayor OH
the eve Of the governors inquiry into
the relations between the mayor and
his fugitive agent. Sherwood"
Seabury has charged that Russell
T. Sherwood. accountant. handled
nearly million dollars in transac-
tions for the mayor before vanishing.
Walker denies the charges.
Attended Brothers Funeral
The mayor, who has become pale
and i'll, spent part of his last day in
office at the funeral of his brother.
George F. Walker. in st. Patricks
cathedral His frail shoulders shook
and tears streamed down his cheeks.
He was no longer the clipper. gay
youth Of 81 that New York and a
large part Of the world knew.
After the funeral he dropped from
sight for hours. while rumors that he
would resign flew. At 10 p. m. he re-
turned to the Mayfair house. where
he lives, telling reporters he felt
great"
Get down to city hail." he told re-
porters, with a laugh. There's q
statement waiting there for you"
Half an hour later City Clerk
Michael J.. Cruise announced the
mayors resignation. Walker had
submitted it after conferences with
political leaders reported to include
John F. Curry. leader Of Tammany
Hall, and John H. McCooey, Demo-
cratic leader in Brooklyn.
The mayors chief counsel, John J.
Curtin, who battled for him before
Governor Roosevelt, had written him
formal letter In which he said
there were two courses open to him:
l. ITO continue to submit to the
illegal and unfair proceedings before
the governor, in which may even-
tuate an illegal order of removal
which would be void from its entry.
Submit Case to People
2. ITO submit your case to the peo-
pie of the city of New York"
Walker chose the latter course, de-
claring he was submitting my case
to the people who made me mayor.
the people Of the city Of New York
shall I permit myself to be lynch
ed to satisfy prejudice or political
ambition" he asked.
He called the proceedings ct A.
bany "a travesty. . mock trial, . pro.
ceeding in comparison to which even
the practice of q drum-head court
martial seemed hbers:.s
Walker, who became the city's
chief executive In 1925 after q career
as song writer. lawyer, and assembly,
man and Democratic leader Of tho
state senate, u the first mayor Of
New York to resign under CHARGES.
Mckee, who succeeded him, has
been called the handaouest and mat
scholarly OF AL city officials. IL =
43 years old. lawyer m Rxadlnotn
Of Fordham university Win - lo.
tContinnsd q - $50