The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-08-19
Roosevelt Refuses
to Dismiss Custer
Denies Motion BY Walkers
Counsel in Hearing Of
Charges Against Mayor
TO HEAR MORE TESTIMONY
Sessions Will Be Resumed Mon.
day; Curtin Discusses
Sherwood Accounts

Executive Chamber, Albany, N. Y.
Aug. l9.-P)-Governor Roosevelt, at
ter listening to seven hours of argu.
ment IN behalf Of Mayor James j
Walker. Friday denied a motion tc
dismiss the other charges against the
New York City executive.
In announcing his decision. after
John j. Curtin's argument. Roose-
welt said:
These motions are directed to the
Is charges by Judge Seabury Counsel
to the Hofstadter committee>.
by those motions am requested
to dismiss these charges. must de-
cline to do so and at the same time
direct that the hearing proceed"
He then adjourned the hearing to
Monday.
Curtin. Walker had argued. tina!
Samuel Seabury without any evidence
whatever" had charged to Mayor
Walker large transfers Of money
from the accounts of Russell T. Sher-
wood. missing accountant.
Curtin continued his contention be-
gun Thursday that Governor Rcose-
welt should dismiss the custer charges
against the mayor.
Court procedure began by Walker
Thursday to restrain the governor
from removing him was postponed
until Monday at Curtin's request. He
said he would withhold attempting to
halt the hearing.
Summons G. O. p. Leaders
Curtin has summoned w. KingSland
Macy, Republican state chairman. and
other prominent Republican leaders
to testify as the mayors witnesses.
The Democrats repeatedly have claim
ed the Hofstadter investigation was a
political move to becloud what they
claimed was President Hoover's fail
ure to meet the economic emergency.
There is not the slightest proof"
said Curtin. "any of this money be-
longed to Mayor Walker. 1t is neith-
err fair, nor logical nor lawful that the
mayor should have to account for the
money that went into those (the
Sherwood) accounts
Supreme Court Justice Ellis j.
Staley Friday postponed considering
Walkers petition to restrain the
governor. but heard arguments for
and against another effort to halt the
custer proceedings.
Justice Staley instructed Sidney L.
vine, attorney, and Henry Epstein.
deputy attorney general. to prepare
briefs of their arguments and submit
them Monday at 10 a. m. The justice
continued the Walker court case un-
til Monday at 8 a. m.
Argues on Constitution
Levine, representing George DON
nelly, a home rule" enthusiast,
argued the state constitutional intent
was to invest cities with power to re-
move their mayors and other officers.
Epstein contended the courts had |
no power to restrain governor from !
his executive duties: He
insisted to- governor had equal pow !
FRS with the courts and the legiSla- |
lure.
Mr.. Levine argues Staley said, /
that the power of removal is vested |
n the people and can be invested only |
through constitutional procedure"
Every act passed BY the legisla-
ure is deemed to be constitutional"
'eplied Epstein. Section 122 has been
n the New York city charter since
he charter was enacted. The home
ule law specifically provides how a
ity may provide for removal Of its
but the City of New York
las not availed itself of that provi-
ion."
Section 122 OF the New York City
harter delegates to the governor the
light to remove the mayor and police
Commissioner.
AS he adjourned the hearing, JUS
Ice Staley remarked he was more in
crested in having someone explain
o him how the constitution delegates
0 the governor the power Of removal
han he was in the New York city
home rule" provision for local deter
nination Of removal methods.