Evening star., 1932-08-12

The supreme Court is the trial court
Of New York and corresponds 10 LID
trict Courts in most States.
should either party to the litigation
disnute the action of the supreme
Court and that likely would develop no
matter what decision was given, tne
vav would be open for appeals TO tne
anneIlate division and finally the court
Of last resort-the Court OF Appears.
before final word came from that court
it is possible that Mr. Roosevelts canol-
dacy for the presidency will nave oeeh
passed upon by the people
Both the appellate division ana tne
Court of Appeals now are in recess.
rTS1ev NAV however. be called into spe-
ciaI session at any time by the preslo-
The Surprising court action entirely
subordinated the events OF the nearing
session.
Resuming his role as witness in the
custer hearing. Mayor Walker today dls-
claimed any financial beneflt from the
granting Of the franchise to the Equlta-
bic Bus Co. and disputed the testimony
of Park Commissioner Walter Il. Her
rick that he had bought for the mayor
aoo shares of stock. later used as col
lateral on a loan by Equitable officials.
Obscures Tammany Inhuence.
Tossing the dispute over Mr.. Rooss-
Velt's power to remove Mr.. walker lnCo
the New York court machinery 10 tne
extent of the delayed final action. op-
sc,Ires the Tammany influence IN MS
election. Should the removal or exon
Grafton of the mayor go over untll aIGeI
the November election, the factors 1or
and against the Democratic presldenual
nominee that depend upon custer ac-
ton. would be non-operatlVe. -.
It is generally believed removal Oh
Walker would ALLEVIATE some 1amnany
support and also the support OF lrleIiQs
of the mayor in certain Democratic
bai,iu,icks ON the other hand, 1t Is
conceded by some party leaders, re-
Tooval order would make friends for the
Covernor in the South and West. Where
. Tammany is not particularly popular;
retention of Walker would have the
reverse effect, it is held. Some politlcal
commentators believe that New YORK
states as electoral votes might turn on
fine Governors action in the walker
case. -,
whereas Yesterday the mayor was ex-
cited and emotional when ne testlIleo'
TODAY he was calm and answered the
Governors questions slowly ana oe-
liberately.
During John ]. Curtin's argument
against the Governor having Jurisdlc-
tion to consider evidence bearing upon
Mr. Walkers first term as mayor, ne
intinated that Walker. If removed
might seek exoneration by again run
ming for mayor.
He contended that if the mayor was
removed and again ran for ONCE and
was elected-and 1 have no doubt ne
would bet would be possible again
10 try him and remove him on the same
evidence
That certainly would be defeating
Democratic representation, conciuoeo
Curtin.
Mayor Faces Governor.
The mayor yesterday testified from a
seat at his counsel table. Today, at the
Governors request, he moved his chair
TO an open space facing Mr.. Roosevelt
Before Mr.. Walker was interrogatec
on the fifth and sixth counts OF Samue
Seabury's conclusions, Curtin tool
executions TO Roosevelts rulings thai
the Hofstadter Legislative Committee
evidence can be considered and tina
alleged misconduct during Walker
first term are involved in the deliber
ations.
To the Governors question, Senate
Hastings is an old friend OF yours, ism
hep" The mayor replied:
Not as old as many OF my othe
friends. I met him in the Legislature
in 1923. I have many friends OF legis
latiye days"
Walker objected to the Governor
reference TO a party as one "ceiebrat
.3g the granting Of the Equitable Bu
franchise"
That was miserable misrepresenta
ton" the mayer said, glancing at sea
bury. only a few feet away. Il attend
ed no celebration. l did attend
party. it was costume party, but n
one who knew about bus transporta
tion was there. It was attended
theatrical people. who didn' know an
Continued on Page 2, Column 1.)
REPEI INF BROKEN