The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-08-12
ROOSEVELT ORDERED
TO show CAUSE WHY
HE should TRY CASE
Court Order ReturnabIe Before
Supreme Court Justice at
Albany Aug. 10
MAYOR IS CROSS.ExAMINED
Bronx Home Rule Advocate
Behind Order Which Was
Served on Governor
MAYOR IS CR0SS.ExAMlNED

Executive Chamber, Albany, N. Y,
Aug. l2.-(R-Possibility that Cover
nor Roosevelts decision on the custer
charges against Mayor James j.
Walker of New York City may be de-
layed until after next November's
election developed Friday when
Roosevelt announced he would with
hold his action until after question Of
his removal powers went to the courts.
Shortly after the morning session
of the Walker hearing, now In its
second day, the governor stated he
would not pass upon the mayors case
until the supreme court had had an
opportunity to determine the legality
of writ Of prohibition, demanded by
George Donnelly, secretary of the
Bronx Chamber of Commerce.
The supreme court does not meet
until Aug. 10.
Donnelly, rebuffed in three courts,
Friday obtained from Justice Harold
j. Human of the Appellate division
of the supreme court. an order In
structing Roosevelt to explain his jur-
isdiction. The governor directed At
torney General John j. Bennett. Jr.,
to prepare argument on the legality OF
the action.
Is Trial Court
The supreme court Is the trial
court Of New YORK and corresponds
to district courts in most states.
Ohr,,1d aitkoys ~ - thu 1ttino Tim
dispute the action of the supreme
court (and that likely would develop
no matter what decision was given)
the way would be open for appeals to
the Appellate division and finally the
court Of last resort-the court of ap-
peals. Before final word came from
that court, 1t is possible Roosevelt's
candidacy for the presidency will
have been passed upon by the people.
The surprising court action entirely
subordinated the events of the hear
ing session in which Mayor Walker
resumed testifying, denying he had
profited by the granting of bus
franchise.
Tossing the dispute over Roosevelt's
power to remove Walker into the New
York court machinery to the extent
of the delayed final action, obscures
the Tammany influence in his cleo
ton.
A Jimmy" Walker in a new mood
denied to Governor Roosevelt that he
influenced the granting of franchise
to a bus company in which his friend
State Senator John ]. Hastings OF
Brooklyn was interested.
Whereas Thursday, the mayor was
excited and emotional when he testi-
field, Friday he was calm and an
swered the governors questions slow
ly and deliberately.
Squclches Walker Counsel
Roosevelt Friday rejects efforts by
Mayor Walkers counsel to throw out
the Hofstadter cmmittee evidence
and executive Jurisdiction of acts of
the mayors first term.
The governor then began question
ing Walker on the Equitable Bus
company deal.
II am not 50 much interested IL
Judge Seabury's conclusions as am
in the evidence" he said
Roosevelt twice rebuked John #.
Curtin. Walkers attorney. Once, as
the lawyer read from the evidence
against the mayor, looking up to in
terpret, the governor interrupted.
Never mind what he indicates and
stick to the record" the executive
said. e
At another point. Roosevelt snapped.
"I am not the least bit interested In
your conclusions"
Roosevelts ruling that the Hofstad-
ter evidence was to be used by him In
reaching his decision was immediate
ly challenged by Curtin.
Il challenge the production In this
room, or any room, by anybody Of a
case Of evidence Of that sort tths
Hofstadter evidence) that stood up"
said Curtin.
No case has ever been written In
the English language"
I'VE attack the validity as well as
the jurisdiction Of the Hofstadter
evidence" added Curtin, who entered
an exception to the governors
opening statement.
Fridays session was late In getting
under way but the mayor was ahead
of time. Mrs. Walker was not with
him. There was only q small crowd
outside the state house and few in
the corridors.
May Cross Examine
Governor Roosevelt decided at the
opening that Mayor Walker may
summon for cross examination any
witness who testified against him be-
fore the Hofstadter committee.
This ruling was. In part, victory
for Walker who Thursday dramatic
ally pleaded that his -accus3rs b.
called to face him. The mayor = &C
cused Of using his office for personal
profit and his removal demanded.
AS Curtin argued, the mayor fire.
ouently plucked at his arm and
whispered advice to his attorney.
The solemnity and earnestness OF
the proceedings was broken by an In
terlude Of levity when Curtin explain
ed an ancient Jewish incident that
proved Of value Of cross-examinatton
"There was In biblical days . beau-