The Washington times., 1932-08-22
GOVERNOR HELD.
J USING POWER
ILLEGALLY
State Counsel, in Executives
! Defense, Hints Defiance
n Of Adverse Ruling

(Continucd from Page -
: hibited by court from conduct
ing this hearing and rendering
q decision"
Epstein cited numerous court
decisions. He read from rulings
In Colorado and Kentucky.
Court Asks Questions
Justice Staley asked:
What have you got to say
about the question of ex-parte,
unSwOrn testimony being re-
ceived by the Governor in this
hearing?"
Epstein replied:
81 don't think that is ger.
name to this request for a writ
of prohibition. But, your honor,
there has been submitted to
the gOvernC- sworn testimony
taken in public. The governor
has opened the way for them
to examine all the witnesses
who testified before the Hof-
stadter legislative inquiry.
whether that is a reason
able proceeding by the gO:er-
nor is not for the determine
ton of the judiciary unless the
man charged is not given an
opportunity to answer the
charges"
Justice Staley asked Epstein If
a. ~ Io;- contention that the
governor would not have to be
bound by an adverse ruling by
the courts. Epstein replied al
firmatively.
Decision Deferred
Justice Staley reserved decision.
He asked both sides to submit
briefs, Curtin asked for time,
saying the hearing before the
governor was keeping him very
busy. The judge granted him
until Wednesday to submit ms
brief.
Opening his argument before
Justice Staley, Curtin said Mayor
walkers petition is not based on
the theory that the courts can
interfere with the proper tunc-
tions of the executive. He said:
"There is no jurisdiction Civ
en- the Governor in the cOnStl-
tuition to remove the mayor.
There is no general law fer the
removal of the mayor.
CUP 20 PEOPLE"
"AlI power is supposed to be
vested in the legislature. That
is not accurate. The leglsla-
ture cannot transmit this power
to the Governor.
"AH power in this country is
vested in the people. And
when the people speak. they do
: SO through the constitution.
Curtin read from Section T.
Article 10 of the State Constltu-
ton under which he claims the
governor is without jurisdiction.
Walker Wins Point.
Mayor Walker won a point
when Justice Staley refused to
dismiss that part of the tempo
rary writ granted last week by
Justice Loughran at Kingston,
N. Y, designed to prevent Gov
ernor Roosevelt from continuing
the removal hearings.
Epstein asked Justice Staley
to throw it out. Curtin objected,
saying Walker had not - and
would not-attempt to stop the
hearing.
There were two separate parts
to the writ:
|. To restrain the governor
ever rendering decision IN
the Walker case.
2. To prevent the hearing be-
fore the governor from pro-
ceeding.
Justice Staley suggested that
Epstein make his request directly
to Justice Loughran.
Capitalization Opposed
Curtin went back to the conSti-
tutional convention of 1921 in an
effort to show that power to re.
move mayor never has been
given by the people through the
legislature to the governor. He
said:
"If the people ever had in
tended to give the governor
the right to remove local
officers, such as mayor, they
certainly would have put it in
the Constitution.
"The people always have
been opposed to centraliZing
power in the hands of one
man.
"We are not dealing with an
individual governor. We are
not questioning anyOne'S mo-
tiveS. But the people are
jealous of their rights and they
never intende( to give the
governor the right to remove
mayors. Nor did they ever
give the governor such power.
Quiz Method AssaiIed
Curtin denounced the manner
in which the hearing before Gov
ernor Roosevelt has been con-
Quoted.
Declaring that the Hofstadter
committee testimony has no
more legal standing than back.
fence whisper" Curtain urged
Justice Staley to decide that the
governor has no right to accept