Evening star., 1933-01-01
ROOSEVELT RAPS
WALKER DEFENSE.
Governor, Retiring, Fires
Parting Shot at Critics
Of Custer Hearing.
By the Associated Press.


ALBANY, N. Y. December 31--
President-elect Roosevelt. retiring to-
day as Governor Of New York, fired a
parting shot at these who adversely
criticized his handling Of the custer
hearing which preceded the resignation
of former Mayor Walker of New York
City.
Mr.. Roosevelt's reply to defense coun-
sci and to Supreme Court Justice Ellis
J. Staley, Republican jurist, was writ
ten into a memorandum filed with At
torney General John j. Bennett, jr
Roosevelt used A pages 70 answer John
J. Curtin, Walker attorney, and JUS
tee Staley, whom walkers counsel had
petitioned to halt the gubernatorial
proceedings.
The Walker hearing which began
early in August and ended in Septem-
ber with the mayors resignation, be-
came an issue of the presidential cam
paign, particularly in sections favor
able and unfavorable to Tammany Hall.
Mr.. Roosevelt expressed the hope that
his commentary on the Walker hearing
would establish a precedent for future
executives should they be called upon
to hear charges against public officials.
Answering Walkers contention that
the States chief executive could not
Judge acts of prior term, Mr.. Roose-
welt declared the claim mot only wrong
in principle but based upon an assump-
tion too violent to afford 1t any sup
port"
aT+ 1. ,,,,4I.;.,.o1.y~ 49, : .a~.r,,,,,;+,,
may be compelled to accept the con-
Ger who has been guilty of gross acts
of malfeaSance in a prior term" he
said, where the electorate did not
have full and detailed knowledge of
the acts at the time of reelection"
Bids Good-by to Workers.
Mr. Roosevelt spent short time of
his last day in Office at the capitol,
approving minor appointment, re-
turning citizenship rights to SO paroled
prisoners, committing seven sentences
and bidding good-by to State workers.
I'm leaving Herbert Governor
elect Lehman) few pencils, pen and
half a box Of safety matches" Mr..
Roosevelt remarked at the last press
conference in the executive office.
his hand, he added Don't mention
some of the other things" The Gov
erner referred to State problems which
go over until the Lehman administra-
ton.
Tonight the Governor and Mrs.
Roosevelt gave dinner for the MEM
bers of the Roosevelt State cabinet,
several of whom have been mentioned
as possible Federal appointees when
Roosevelt becomes President. Mr.. Leh-
man, because Of the death OF his sister
in New York, could not attend and
the original list OF so guests was re-
duced by illness to So. A visit to the
inaugural ball preceded the Governors
departure by motor for his Hyde Park
home.
Leaving as he intended about II pm.
Mr.. Roosevelt likely would be south OF
the Hudson. perhaps at Redhook, as the
new year entered. Midnight marked
the end of his governorship.
"I'll probably be asleep in one corner
of the car and won't see the old year
out" he remarked today.
In his Walker memorandum, Mr..
Roosevelt quoted from the legal opinions
of former Cows Samuel T. T1lden,
Grover Cleveland and Charles Evans
Hughes, to uphold the removal powers
of the chief executive. The three Gov
ernors, like himself, were presidential
candidates.
Criticizes Justice Staley.
or Justice Staley. who declined 70
halt the Walker hearing but commented
unfavorably on Roosevelt's conduct OF
it, the President-elect said:
1T was unfortunate that the learned
justice should have regarded the adven-
titious circumstances of the Walker
case as an opportunity to express his
personal views on the conduct Of the
hearing, especially since the language
of his opinions was not subject to ju-
dicial or other authoritative review"
Justice Staleys utterances, Roose-
velt continued, could have no effect
except the possible one Of Influencing
public opinion adversely to the executive
in the discharge Of the latter's duty
and so bring implications Of blame upon
a coordinate branch of the government.
1t is incumbent upon public officials,
under our system, to respect the consti-
tutional division and to remain within
the limits prescribed for their own
action"
Mr. Roosevelt said granting Walkers
demand that his accuserS face him
would have been productive of nothing
except an utterly unjustifiable waste OF
time" He said he had ever been ready
to summon witnesses when there was
a conflict Of testimony and cited the ap-.
pearance before the Governor Of Paul
Block, publisher.