Evening star., 1932-08-22
Curtin Expresses View In
voIving Violence as Justice
Adjourns Session.
HOLDS NO LAW EXISTS
TO REMOVE INCUMBENT
Judges Comments Indicate He
May Hold Roosevelt Is Exceed
ing Jurisdiction.
By the Associated Press.

BY the Associated Press
ALBANY, N. Y. August 22.-Argu-
ments upon which Mayor James J.
Walker relies to obtain court interven-
tion and halt his custer hearing before
Gov. Roosevelt were laid before Su-
preme Court Justice Ellis j. Staley to-
day.
Staley adjourned his session until
Wednesday, when John j. Curtin,
Walkers counsel, will submit briefs of
his arguments
In closing his contention that Roose-
velt had denied the New York mayor
his rights, Curtin said: When you
come to think that the Governor feels
he Is above the law and there is no ap-
peal, you will see that We can only 60
to the courts for an order to avoid
physical conflict that might otherwise
enSue'
Curtin and Samuel Seabury conferred
with Gov Roosevelt at his desk as the
session of the Governors hearing
opened this afternoon.
Curtin asked for time off to prepare
the brief he must submit to Justice
Staley Wednesday.
Well" the Governor said, suppose
we omit tomorrow mornings session
and start at 1:30 tomorrow afternoon.
Fred A. Bradley. collector of customs
in Buffalo and former Erie County Re-
publican leader, entered the executive
chamber shortly after the session
started. He is one of the eight Re-
| publicans subpoenaed for Walker
Curtin called as his first witness Sec
end Deputy Police Commissioner Felix
| A. Muldoon of New York
Upon the youthful shoulders of Henry
Epstein, deputy attorney general, fell
the task of combating the Walker move
| for court decision that would silence
| the Governor. Epstein is a Son-in- law
| OF Max D. Steuer. one of Tammany
Halls chief legal advisers.
Curtin argued against the Governor
considering acts of the mayor that took
place during his first administration.
Cites Bill Of Rights.
"The Governor has taken unto him
sell" Curtin said, the right to inves-
tigate a mans private conduct. He
seems to consider that while there is
a bill of rights, those rights do not ap-
ply to man in public office.
The Governor is going into things
that do not involve public trust. Where
is the law that permits that?"
II understand" Justice Staley said
as Epstein began his argument, that
your special appearance here is an ex-
preston of the unwillingness of the
Governor to submit to the Jurisdiction
Of the court
I won't say that" the deputy attor-
ney general replied. "but we will not
submit to judicial determination an ex-
ecutlVe proceeding now in progress
under writ of prohibition
Suppose I should come to the con-
clusion." Staley observed, that the
Governor is not acting within his juris-
diction, but that writ of prohibition
would not apply"
What have you to say about un-
sworn, ex-parte testimony taken before
the Governor as a basis for renloyal?"
Justice Staley queried
Hearing Legality Is Question.
1.-THE question is whether the Gov
ernor is conducting this hearing in a
legal and reasonable manner" respond
ed Epstein. THE hearing is based on
sworn testimony received in public"
without the production of wit
neSses," Justice Staley added
Epstein said he touched upon that
angle because your honor asks me to-
not because it is germane to the ques-
ton of the writ"
The court hearing adjourned after
Justice Staley instructed Curtin to SUBJ
NIT brief summing up his arguments
on next Wednesday. Epstein moved to
strike out the section of Curtin's writ
calling for a discontinuance Of the
Roosevelt hearing until court decision
can be had. Curtin said he had nc
intention of invoking that section OF
the order granted by the Kingston Su-
preme Court justice last week.
Staley advised Epstein to refer his
request to the Kingston Court. Curtin
intends to ask Mr.. Roosevelt to post
pone the hearing today and tomorrow
until after he submits his briefs to the
Supreme Court.
Curtin argued earlier in the day that
there was no law providing for the
removal of a New York City mayor.
Il think it ought to be said at the
outset" Curtin said, that this appli-
cation is not based on the theory that
the court has jurisdiction. No jurisdic-
ton is given the Governor in the Con-
stitution. so we are not dealing with a
constitutional question. Nor are we
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