Evening star., 1932-09-03
Can Walker Run This Year?

With the opinion generally expressed
in political circles that the resignation
of Mayor Walker lessons Gov. Roose-
velt's chances of carrying New York in
the presidential election, the question
has arisen whether the former mayor
wiIl-indeed, whether he can-run for
that same Office this year. On this
point there is a divergence Of judgment,
with the preponderance on the affirm
ative side. The matter will probably go
to the courts for decision.
The law on this point Is not spe-
ciflcally clear. The chairman of the
Tammany Hall legal committee holds
that it not only permits an election this
year, but that 1t requires that the va
cancy occurring in an even-n numbered
year shall be filed by an immediate
election for the unexpired term. On
the other hand, prominent legal au-
thority, who chances to be a Repub-
lican, contends that the election must
be held In the odd-numbered year
specified in the constitution Of the
State for the election of city officers.
| The city clerk has already certified to
the Board of Elections that a vacancy
in the Office Of mayor has occurred, to
be filled at the election in November
next. The board is to meet September
z, next Wednesday, and as it "or-
dinarily does not question the certifica-
ton Of the city clerk as to the offices
to be filled at the next election" as the
president Of the board declares, it Is
assumed that it will provide for a
mayoraHty election in November next.
If that is done a taxpayers suit may
be instituted to prevent such an cleo
ton on the technical ground that it
will involve the needless expenditure Of
city funds, thus throwing the matter
into the court for eventual judicial de-
cision.
Meanwhile it Is assumed that Mr..
Walker will run for reelection, as he
has In his excoriating statement regard
ing Gov. Roosevelt's conduct Of the
case at Albany definitely declared his
purpose to submit himself to the higher
tribunal Of the peopls. There is every
evidence that this announcement was
made with the consent and perhaps
upon the advice of the magnates of
Tammany Hall, with whom Boss"
McCooey of Brooklyn is now closely
consorting. If the former mayors
health should fail him in consequence
of the great strain to which he has
lately been subjected he would perhaps
withdraw from the contest, leaving the
field probably to the acting mayor, who
would in that event, assuming election,
serve out the mexpired term to the
end of 1888.
In any case, whether Walker runs
or yields to physical weakness and
abstains from the race, If decision is
made in favor of an election this year
fusion ticket Is to be expected in
opposition to the regular Democratic
A4S1AA4ASCS eAA3 tkA4s SOA4tCct WO04Q NC
likely to be viewed by Tammany as an
opportunity to demonstrate the an
tagonism toward Roosevelt which has
developed by his conduct of the Walker
case. In any event, therefore, there
seems to be no escape from the reprisal
which, according to present indications,
Is to be visited in his own State upon
the Democratic nominee for President,
centering in the largest city, which
normally returns tremendous vote for
the party ticket.
Doubtless all the legal angles of the
situation We're thoroughly considered by
those most loyal and distinguished
Democrats in the country" who, as Mr..
Walker says in his statement accom-
panying his resignation, urged him to
resign and submit his case to the people
who made him mayor. If SO, it may
be taken for granted that the name of
Walker will appear on the local ticket
in November, with Tammany going to
the mat for his election, at whatever
cost to the national ticket, and for an
election by the largest possible majority,
| as the greatest possible Vindication.