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LAST EDITION
Weather Forecast
GENERALLY FAIR.
,VOL. XVIII, NO. 159.
ASHEVILLE, N. C, FRIDAY AFTERNOON, AUGUST 15, 1913.
PRICE THREE CENTS
MEXICAN ISSUE
BEFORE SENATE
Senator Penrose Demands to
Know the Status of Wil
liam B. Hale in Mexi
" co Ctiy. ' ..
INFORMATION REFUSED
BY SENATOR BACON
Penrose Says unless Lind's
"Mysterious Mission"
Develops Results He
Will Offer Reso
lution. By Associated Press.
Washington, Aug. 15 Senator Pen
rose forced another debate on the
Mexican situation In the senate today
by 'introducing a resolution calling
upon President Wilson to Inform the
senate whether William Bayard Hale
is In Mexico City as the agent of any
executive department of the govern
ment and if so by what authority he
was appointed and what compensation
ho has been given.
The White House explanation of
Hale's presence In Mexico has been
that he was there supplying Informa
tion as the personal friend of Presi
dent Wilson.
Senator Penrose declared that he
had no desire tb further complicate a
delicate situation or to indulge in Jin
goism. He referred, however, to di
putches from Mexico telling of the
serious plight of Shirley C. Hulse, son-in-luw
of Lieutenant-Governor Rey
nolds of Pennsylvania, who with hip
wife and little daughter are believed
lo be In danger from revolutionists
near the- city of Chihuahua. The sen
ator declared that unless the. mission
jnf John Und developed some marked
change In conditions in Mexico he
would address the senate next week,
laying before it certain Information.
. "Things ore getting pretty close to
home," . declared Senator Penrose,
"and are becoming serious when
American citizens are molested and
their lives and property endangered.
Personally I am willing to wait a few
days to seo if the mysterious mission
of Mr. Llnd produces 'any tangible
rtsult. In tio event that It does not
early TvxL week I expect to address
the senate on conditions In Mexico and
will offer a resolution which, I hope,
will so some way toward asserting the
Dignity of the United States and its
linn Intention to protect the lives and
property of Americans In Mexico."
Mr. Penrose asked Chairman Bacon
of the foreign relations committee if
he could reveal the status of Mr. Hale.
"I decline to anser," replied Senator
Uncon.
"Declining to answer will not con
tinue to be satisfactory to the senate
or to the people of the country," re
joined Senator Penrose.
Attacks Ir. Hale.
Senator Penrose said he had known
Hale several years and that he left
Aril more. Pa., about 1J years ago un
der circumstances which ho need not
"more than mention."
"The sooner Dr. Hale's connectlom
ore severed the better for the unfor
tunate Americans now in Mexico," he
concluded.
Senator Lodge charged that me
democrats were trying to treat the
Mexican question us a party affair.
His statement, made In bitter terms,
followed a declaration by Senator Ba
con, that "force meant war."
"I want to support the president In
every way on this Mexican matter,"
Senator Lodge said, addressing the
democrats. "Ha Is not your president
alone: he Is the president of the Amer
ican people; as much mine as yours.
But I want no partisanship In-the
handling of this situation. You can
do nothing worse than to exercise the
power of your majority on the Mexi
can question."
Another resolution by Mr. Penrose
culling for consular report ns to hap
penings at Purango since January J;
one by Senator Polndexter calling for
Information tut to measures to pro
tect Americans In Mexico, and one by
Senator Bra nil ogee fulling for a Joint
Investigation by the house and senate
naval committees to determine what
Increase In the navy was being made
. and what nuval program was under
consideration, was Introduced.
Objections carried all the resolu
tions over for another day without
reference to committee, '
AltK TAKING NTFPH AGAINST
TIIK JAI.FJK FIU'IT I'KllMWr
By Assoclnted Press.
CI rims Valley. -Cal., Aug. 16. A res.
olutlon providing for the appoint'
mnt of a special committee to co
operate with business men of the city
In keeping out Japanese fruit peddler
wss adopted last night by the rham
ber of commerce. . All cltlxens will hr
nuked not to- patronise Asiatics. Th
committee will formulate plans ln
keep the Japanese fruit men out of
the city. .
Canal Excavation.
By Associated Press.
Washington.-- Aug. .IS.- The Islh
minn canal commission unnouneed to
day that the total number of excava
tion from lh Panama ranal In July
w J. $4l.6il cubic yard ss stain
?.f r,.;ti ruble yards In June, the sv
"i f rtnllv miliiit Iflng 114. 191 ynrils
'' " I' I l'l In ,1-iH lot, ill,, I j
'- ' ' ' 'i :.M2 ruble
ROBBERS CRACKED
H.J. OLIVE'S SAFE
Secured About $100 in Money
Last Night No Clue to
The Perpetrator.
The store of H, J. Olive, in West
Ashevllle, was broken into last night,
the safe was blown open und nearly
$100 was taken. The robbers made
their entrance by the front door,
which was prized open evidently by a
pick and chisel which were found
near the door this morning. The safe
that was robbed is in the rear 06 the
store and is only two feet away from
another safe that is used for the books
of the store. The door of the safe was
carried nearly half the length of the
store, by the explosion, knocking down
a stove that was in the middle of the
store and one of the hinges of the safe
tore a hole in an oil tank about forty
feet away. The safecrackers got about
$100, an Insurance policy belonging to
A. B. Davis, the manager of the store,
and several papers that were In the
different compartments.
Deputy Sheriff Mitchell went out
this morning with two bloodhounds,
but the dogs could not get the trail.
The store was closed last night
about 9 o'clock by Mr. Daves. About
11 o'clock Deputy Sheriff Wright was
nearby, and Dave .Irholson, a
street car conductor, passed the store
about 1 o'clock and these men did
not notice anything out of the ordi
nary and heard no noises. The store
was opened this morning at 7 o'clock
by Mr. Daves, who discovered the rob
bery and telephoned the sheriff?
office.
The pick and chisel that were used
by the robbers' were identified this
morning by J. R. Price, who runs a
blacksmith shop near the store, and
later it was found that a window of
the shop had been broken open.
Mr. Daves says that several days
ago a well dressed man of middle' age
came to the- store and represented
himself as being with a company that
manufactures safes, and he asked to
see the safe in this store. Mr. Daves
said that he examined it thoroughly.
He had no catalogues or other papers
that a traveling man usually carries,
however. This man had never been
seen by Mr. Daves before, and no one
can remember Just how he looked.
However the sheriff's men are on the
lookout for him.
This store was purchased several
years ago by Mr. Olive from Mr. Jar
rett, and It has been broken Into and
robbed on several occasions, but this In
the only time that any considerable
amount has been stolen.
Supports Act of Lieut-Gov. of
Oklahoma While Governor
vWas Absent.
By Associated Press.
Oklahoma City, Aug. 15. A dec!
slon of the Criminal Court of Appeals,
handed down yesterday, holds as valid
a pardon graned to George Crump by
Lieutenant Governor McAlester, who
recently acted as governor for 24 hour
during the absence of Governor Le
Cruco. Crump's attorneys Instituted
habeas corpus proceedings when pro
on officluls refused to honor the par
don granted by McAlester. The court
ordered that Crump be given his lib'
erty.
McAlester. white acting governor.
Issued pardons to three others besides
Crump and also signed school boos
contracts Involving an expenditure of
more than $1,000,000, which acts
caused Governor Cruce to cut short
his vacation and hasten back to Ok
lahoma City. Bupporters of the lieu
tenant governor contend that the de
cision of the Criminal Court of Ap'
peals In effect establishes the legality
of all his executive acta
CAN'T STAY AWAKE
UNLESS STANDING UP
Miss Alice (Jclwr of Wrehawkon Be
comes 1'iHonM lnua If She HIM
or IJn Down.
By Associated Prcsa
Weehawken, N, J., Aug. IS. Ml
Alice Oelser of Weehawken Is the vic
tim of a peculiar malady which phy
slclnns say Is without parallel In tned
kol annuls. She cannot keep awake
unless she stand up. If she sits or Her
down, she soon becomes unconscious.
The ufillction differs from the sleep
Insj sickness of Africa In that Mist
Oelser has been troubled wl'h her un
tiriml somnnlenre for two years while
the course of the African dl
run In shout two weeks.
Althnurh she has been under con
Stunt medical treatment f" two years.
no headway has linen mn.'.e toward
cure. Ml n li Ixit. Ill nil other re
M" ' ' '. is A lliilllilll, hiallhy ' u 1 1 1 . 1
IT
F.
Large Shipments Made by
Rail to Relieve Conditions
Where Drought Has
: Cut Supply.
MERCURY CLIMBING
TO HUNDRED MARK
Scattered Showers Fail to Af
fect Temperature Mines
Close for Lack of Wa
ter for Engines.
By Associated Press. .
Kansas City, Mo., Aug. 15. How to
get water for man and beast and how
to save a little out of wrecked crops of
corn and other lato summer products
presented to Missouri, Kansan -and
Oklahoma an Increasingly serious
problem today.
It was the twelfth day of intense
hent. Scattered showers last night
were Ineffectual and while so much as
half an inch of water fell yesterday at
Topeka it was in restricted limits.
Cisterns are dry all over the coun
try. Springs that never before were
known to fall have ceased to How. In
many sections a good deep well is a
gold mine. Long trains of tank cars
supply several Oklahoma und western
Kansas towns with all the water they
got.
A train of 30 cars of water was
shipped from Pittsburg, Kan., today,
to the mines of a coal company In the
Pittsburg district to be used by the
hundreds of miners and their families
and for operating the company's en
gines. The expense of shipping water.
howew i', In so great that several
smaller mines have shut down. In a
section of Seward county, Kansas
where no rain has fallen In two
months, the few wells that still give
water nre surrounded .by camper!,
families that have closed house and
sone to tent near a water source.
By noon in most sections of Mis
nourl, Kansas and Oklahoma the mer
ury was well on the way to the nun
dred mark. In Topeka laHt night was
the eleventh hand-running during
which the thermometer had not gone
below 75. Last night's minimum there
was 77.
Wichita and surrounding country
has had an abatement of heat during
the last two days, the thermometer
not passing 98 degrees. But the
ountry is parched. The people of
ho city and orchard ists thereabouts
ire working hard to save fruit and
ihare trees by digging holes near the
roots and carrying water to them a
regularly as they would to horses.
Kansas City, Mo., Aug. 15. Unique
whemes have been adopted by many
esldonts of this city to obtain sleep
luring the hot nights which have pre
vailed for more than two weeks.
Scores of wealthy families on the
South Bide at night stnrt for the coun
try In their motor cars. When they
ome to an elevated spot where the
irospect of a breeze seems good they
vet out, pitch their beds In the open
ind sleep there until driven back home
by the hot rays of the morning sun.
Bert Golns, swimming Instructor of
'ho Kansas City Yacht club, said to-
lay that he sleeps with a damp blank
t over him.
"I am always In the water and don't
ake cold, but I would not advise any.
one else lo adopt my plan." he sold.
Many persons sleep In motorboats
n the Missouri river, where the air Is
ool after dark, 1
FINGER PRINTS VALID
AS FORMAL SIGNATURE
IT. S. Experts Hold In Cane of In
dian Who Sought to Avoid
Paplng Debt,
By Assoclnted Press,
Washington, Aug. 15. Two or three
finger prints are as valid as a' formal
signature. In the opinion of the finger
print expert of the United States ma
rine corps.
In a statement to the secretary of
the Interior today the expert estab
lished the genuineness of nineteen
finger prints which were given to him
for Identification and the finding is
expected to .cause a certain Pawnee
Indian considerable embarrassment.
The Indian signed a memorandum
acknowledging his Indebtedness of
several hundred dollars to an attorney
snd. In addition to affixing his signa
ture, made several finger Impressions
on the paper. The attorney sent his
claim to the department of the Inte
rior for his fee, but In the meantime
the Indian denied having signed the
paper. In order to determine the
question the department submitted the
memorandum for expert examination,
which disclosed that the prints are
Identical In nineteen different charac
teristics This Is sufficient, the expert holds to
establish their Identity. The depart
mvnt will now pay the fee.
NINE COWH K T IIYVMITK
AMI WITH KATAL HKKl'LTW
' By Associated Press.
Reedsburg, Wis., Aug. IS. Nine
cows were killed on a farm near hen
yesterday by eating dynamite. A
rmid crew had stored some of the ex
ii,mt un Hie farm and the rwi
1 1 It in"l lit.. It. The nltro-sly
. 1 i.iu l'"livl tln-m.
1
STATE RESTS CASE
I
Story of Lola Norris Differs
Little from that of Mar
sha Warrington.
. By Associated Press.
San FranciBco, 'jViig. 13. The gov
ernment closed its case this morning
against Maury I. :tHggs, former state
architect of California! with the tes
timony of Nettie Jtarton, a friend of
Marsha Warrington, who followed
her on the witness stand." The gov
ernment charges that Diggs transport
ed Marsha Warrington from Sacra
ment to Reno for purposes which the
Mann act defines s a felony. '
San Francisco, Aug. 15. Lola Nor
ris, who followed ;Marsha Warrington
on the stand yesterday in the trial of
Maury I. Diggs, charged with viola
tion of the Mann white slave act, was
the first witness called today. She re
sumed the story that was related with
such a mass of detail by her compan
ion in trouble and sorority sister.
Only In the manner of its delivery
did the testimony of Lola Norris differ
from that of the other girl. Her an
swers were- sharper and more spirited
thnn those of her companion's. She
was able to supplement nothing to the
narrative of the V Warrington girl.
She could only confirm statements and
descriptions of events already describ
ed. Step by step she went over the
flight to Reno she. and Marsha War
rington had made with Diggs and
Drew Camtnetti. ;. When her cross-
examination began she retained her
composure, answering the searching
questions of the defense evenly with
no show of hesitation. Throughout
she clung to her original story.
In accordance with the announce
ment of Judge Van Fleet, the case
was to be adjourned at the close of
the afternoon hearing until next Tues
day morning. It Is probable that the
defense will then begin the presenta
tion of its case.
DISTRICT COURT AWARDS
M'FEE
Verdict of Jury Damage Suit
Against Champion Fibre
Company.
In United States District court yes
terday afternoon, in the case of H. It
McFee vs. Champion Fibre company
the Jury returned a verdict awarding
the plaintiff 80U0 as damages for per
sonal Injuries received by him while
an employe of the defendant, and held
hv the Jury to have wen caused
through the negligence of the defend
ant company. The amount asked In
the original complaint was (20,000.
The suit was brought originally In
the Superior court of Buncombe coun
ty, and the complaint was filed April
3, 1912. In this complaint It was al
leged that the plaintiff, while em
ployed by the defendant company,
was sent to n store room to get a keg
of nails nnd that In carrying It to the
place ordered he fell Into a ditch that
he did not know existed, owing to In
sufficient light, and thereby received
permanent personal Injuries. The
suit wus later transferred to the Dis
trict court and the hearing" began on
Wednesday of this week.
The court Is now engaged In the
hearing of the J. C. Wallace bank
ruptcy case, nnd It Is expected that
this will be concluded this afternoon
or tomorrow morning. -
CUTFOH .15,000
REMOVED TO U.S. COURT
Case of Montgomery Smith et
al vs. Brown Bros. Lum
ber Co. et al.
The civil suit entitled B. Mnntgnm
ery Smith. H. B. Stevens and John B.
Anderson vs. Ilrown Brothers Lumber
company and Ward F. Brown, which
was begun In the Buiyombe county
Superior court several months ago,
has been removed to United States
District court on the petition of Ward
V. Brown, a party to the defense,
The suit Is for 115,000, claimed by the
plaintiffs to be due them nn a enntrao
ss commissioners for the sale of rer
tain timber lands, the contract being
signed by Wsrd K. Brown.
The removal Is made on the ground
that Ward F. Brown Is not a resident
of the stale of North Carolina; thai
the Brown Brothers Lumber com
pnny Is nut properly a party to the
action, but wss Included because It Is
organised under the laws of North
Carolina; snd that the sum asks ex
reeds $3000.
Parliament Prorogued.
By AssoJaltd Presa
Ixindnn, Aug. II. The British par.
1 In men t wss pmrnmed today and will
not reconvene until February next
rear, unless something extraordinary
hiij'iims.
1Mb Mns's spoil K, ns feml In th
Ii'hjmi. ut lufil;.', wu;f I'olnrli m.
"s
IS
DiGGS
MASS MEETING
FOR SUFFRAGE
National Council of Women
Voters at Washington
Closes Session with a
Big Noise. .
HOUSETOP PREACHING
THE LATEST WRINKLE
While This Goes on Antis
Tell Chairman Henry Few
Women Really Want
Ballot.
By Associated Press.
Washington, Aug. 15. Preaching
the cause, "votes for women," from
the housetops, speakers for the Na
tional American Suffrage association
have gone back to Bible times for an
inspiration for publicity. The suf
fragists have launched a campaign on
the roofs of the scores of apartment
ouses with which the national capi
tal Is dotted, and women orators of
itlonul repute have been drafted into
the aerial squad.
In one fashionable quarter of the
northwest section, the apartment
buildings are so closely packed to
gether that speakers for the "cause"
have been enabled-to address audi
ences on two and sometimes three
roofs at or.o and the same time. The
roof garden rallies are said by the
crusaders to be highly successful
enabling them to reach unbelievers
ho will not attend their street
meetings.
Last Day of Council.
While their unconverted sisters
were Insisting before the house rules
committee that a majority of their sex
did not want the ballot, delegates to
the National Council of Women Vot
ers today met to discuss ways and
means for winning universal suffrage
through the country. This was the
closing day of the council's three days
conference. The sessions were devot
ed to consideration of policies and re
forms to be passed in 1914.
At the morning session the princi
pal subject considered was the legisla
tive proposals to be advanced by wom
en nexr year In those siuirage states
n whb'h the Uislilattires meet. Miss
Helen Todd of California, led the dis
cussion. Reports on suffrage condi
tions In Alaska were made by Mrs.
James Wickersham, wife of the de
legate from the territory; In Illinois
by Mrs. Claudius V. Stone and in
Kansas by Mrs. Victor Murdock, wife
of a representative from that state.
Dr. Cora Smith led a critcal analysis
of the attitude of the national politi
cal parties toward suffrage. The con
ference ends tonight with a public
mass meeting.
The anti-suffragists had their In
nings today when, led by Mrs. F. W.
Scott of New York, president of the
National Association Opposed to Wo
man Suffrage, they appeared for an
nformal hearing before Chairman
lenry to prove, they told the com
mittee, that the agitation was kept up
iy a comparatively email number and
that the great majority of American
women looked with disfavor upon
their sex entering the turmoil of poli
tics.
Chairman Henry, with no other
committeemen present, heard the ar
guments and promised a formul hear
ng next December.
Miss Anna Bock of Los Angeles also
argued for the anti-suffragists. She
inserted that of 4,000,000 American
i-omen enfranchised not more than
400,000 really desired to use the right
She suld the suffrsgcttes were secur
liig congressional hearings for "cam-
la gn thunder" and used "as a blud
seer n1 a threat" he argument thnt
4.0OO.OAO women already have the
right to vote. , i'Jrfi
OE
Memorial Unveiled at South
hampton Ambassador Page
Delivers Address.
B: Associated Press.
Boutheampton, England, Aug. 15.
A memorial In celebration of the ler
centenary of the departure of the Pll
grlms from Houthifmpton for America
was unveiled here today by Walter
Hlnes Page, the United States imlmi
sailor. It Is a column erected on the
site of the pier from which they em
barked on the Mayflower. The cere
monies were presided over by the
mayor of Southampton. Hpeerhes were
made by members of the Alden, Win
slow and Brewster families, and by
Joseph Q. Butler of Voungstown, Ohio,
who unveiled the "Ohle panel" at the
base of the monument.
Ambassador Page dedicated the
monument with an oration In which
he quoted James Hussell lowell, say
Ing that tha Pilgrims were only Colo
hIhIs who witit In scaich of (bid In
Kt.'Hll of (old.
SULZER REFUSES
TO QUIT OFFICE
U.S. SOLUTION NOT
LIKED BY J
California Difficulty May Be
Allowed to Remain -As a
Grievance.
By Associated Presa.
Tokio, Aug. 15. It was announced
here today that the United States has
intimated readiness to favor in prin
ciple the payment of an indemnity to
Japanese subjects who have been af
fected by the California allan land
ownership legislation. Th United
States has also recognized the right
of Japanese to adopt a measure simi
lar to the California bill.
From intimations given In official
circles it appears unlikely that Japan
will adopt either idea. What Japan
desires Is permanent friendly relations
with the United States and therefore
she seeks a fundamental solution of
the difficulty. If the United States has
no solution to offer, It is stated, Japan
will probably allow the matter to re
main as a grievance.
The public feeling of humiliation In
this connection continues to be fanned
by inflammatory comments In the
newspapers. The Hochl Shlmbun,
which is so often sensational, urges
as an object lesson to the. United
States the expulsion of American mis
sionaries to Korea on the ground that
they are undesirable aliens.
Ti DAYS ROAD RALLY
One Thousand People Agree to
Work on Hendersonville-
..'vBat Cava Roadv
The big two days' road rally, In
which all good roads enthusiasts of
Henderson county are expected to take
piirt, began at Hendersonville this
morning. The cltlxens of the county
volunteer their services to work the
road from Hendersonville to Bat Ciive.
nd it has been announced that at
east 10000 people agreed to work for
the two days.
This Is the culmination of a move
ment for better roads that was started
n that section a short time ago by
Col. John T. Patrick, when a large
force of citizens went out for two
days to work the lower end of the
Hickory Nut gap road. Col. Patrick
stated that the Henderson county peo-
ile are thoroughly aroused to the
need of better roads and that there
has been much enthusiasm expressed
over this good roads building.
Recognizing the Importance of this
good roads rally, the passenger de
partment of the Southern railway de-
lded several days ago to put on spec
ial rates from Ashevllle to Henderson
ville for these two days, these tickets
o be good for the return trip until
Monduy. A number of Buncombe
ounty people took advantage of these
rules to go over and Join In the en
thusiasm of their neighbors In Hen-
lcrson.
Secretary N. Buckner of the local
bonrd of trade went over this after
noon, accompanied by Photographer
F. Kay, and the latter will make
moving pictures of the work on the
road. These pictures will be used In
the "Mutual Weekly," and It Is estl
mated thut they will be seen by seven
million people all over the counlrv,
thus giving the section some very val
uable publicity as showing the spirit
of community advancement that exists
here.
SHE DRANK POISON
TO AVOID ARREST
Mrs. HI11I11. lirantiirnl Woman, Accus
ed of Statutory Offence Took
Her Own Life.
By Associated Press.
Crosby. Minn.; Aug. IS. With her
two babies In her arms and a towel
over her face to protect them from
the acid she had taken, Mrs. Lola
Blair, t H years old, an exceptionally
beautiful woman, died here today Just
after she had been served with a war
rant for her arrest. The warrant,
sworn out by Mrs. William Qulth. wife
of a local contractor, accused her of a
statutory offense, Qulth was arrested
later.
Before her marriage Mrs. Blair was
known as one of Duluth's handsomest
high school girls. She was married
in 104.
HEARING POSTPONED
In Casp of Vt k ;atlK Who Is Chart
. rd Willi Assaulting Umpire
Mcltrlile.
Special to The Oatette-News.
Raleigh, Aug. It. The case against
Rck Gatt' charged with an assault on
Umpire Mrttrlde. will not be tried In
police court until the umpire returns
to this city, dattls, disappointed be
cause the locals could not win, went
sfter the arbiter, who was preparing
to strike bock when they were ecp
aratrd. A go.nl deal of Indignation
I mn In the grandHtund.
AN
Replying to Glynn's Formal
Demand, He Denies Valid
ity of the Impeach
ment Proceedings.
LET COURTS DECIDE
SULZER'S CHALLENGE
Attorneys for Contending Of
ficials to Confer as to Pro-"
ceedings to Test Their -Status.
,
By Associated Press.
Albany, N. Y., Aug. 15. Formal de
mand for the surrender of the execu
tive chamber and olfiecs, the privy
seal and all books, papers, records and
documents relating to the executive
department was made upon Governor
William Sulzer this afternoon bj
Lieut. -Governor Martin H. ' Glynn.
Governor Sulzer refused to comply
with the demand.
Included In Governor Sulzcr's refu
sal, lu'cordlng to D. Cady llcrrlck,
chief of his counsel, Is a projKisal that
Glynn and Sulzer prepare an agreed
statement of the facts In the Impeaclu
mi'iit controversy and submit them to
the courts to determine who Is gov
ernor of New York.
Mr. Glynn's letter is addressed to
Mr. Sulzer, simply as "Hon. William
Sulzer, Albany, N. Y.," Is signed by
Mr. Glynn as acting governor and
reads as follows: .
"In the performance of the duty
which has developed upon me by ar
ticle 4, section 6, of the constitution, I
officially demand that you deliver and
surrender to me as acting governor.
I during the eriod of your constitu
tional disability to act as governor, the
use, possession and occupancy of the
executive chamber and offices; and
that you likewise deliver and surren-'
der to me the executive privy seal of
the state of "New" Tork; and also all
books, papers, records and documents
In said chamber or offices or else
where, in your charge, possession or
custody, relating to or in any wise
connected with or pertaining to tho
executive department. The bearer
hereof is authorized to receive your
answer to this communication.
"Respectfully,
(Signed) "MARTIN H. GLYNN1, '
"Acting Governor."
Governor Sulzcr's reply was given
promptly to Mr. Glynn's messenger.
It was addressed to "Hon. Martin H.
Glynn, Lieut-Governor," and said:
Governor Sulzer's Reply.
Sir: Yours of August 15th,' de
manding that I deliver and surrender
to you as acting governor the use,
possession and occupancy of the exec
utive chamber and offices; and that I
likewise deliver and surrender to you
the executive privy seal of the state of
New York and also all books, papers,
records and documents In said cham
ber or offices or elsewhere In my
charge, possession or custody, relating
to or In any way connected with or
pertaining to' the executive depart
ment, received.
In response thereto, I decline to
recognize you ,as acting governor of
the state; and decline to deliver to you
the use, possession and occupancy of
the executive chamber and offices or
in any way comply with the demands
and requests In your letter.
I shall continue to exercise and
discharge the constitutional duties of
the governor of the state of New
York; first, among other reasons, be
cause I am advised that the assembly
at Its present extraordinary session
possessed and possesses no power on
authority to prefer articles of Impeach
ment: and, secondly, because the Lieu
tenant-Governor of the state Is not
authorized to act as governor In case
of Impeachment of the governor, un- '
less such Impeachment Is sustained.
"For the purpose of preventing any
unseemly struggle I suggest that coun
sel for the lieutenant-governor and
fur myself agree upon a method of sub
mitting the question to the courts for
decision: and for that purpose, that
extraordinary' sessions of the courts
be forthwith called. In order that a
speedy determination may be had.
"Respectfully,
"WILLIAM HULZER.
"Governor."
Counsel for Lieutenant-Governor
Glynn later made an appointment to
confer this afternoon with D. Cady
Merrick, counsel for Governor Sulrer.
In an effort to devise a wy In which)
the courts could speedily settle the
controversy.
Albany. N. Y.. Aug. IS. The sec
ond day of the dual administration In
New York state dawned on a whirl
pool of confusion In the capltol.
A steel chain with a Iteavy paaioca
decorated the great seal; the prley
seal lay under lock and key; the way
to the executive chamber, William
Sulzer's citadel, was bolted and barred,
snd from two offices the rival clalm-
nnts to the governor's chair continued
to exercise their functions.
Control of the national guard, ac.
cess to the greet seal, recognition by
New York' secretary of state and by
the governor of the neighboring state
of New Jersey Wert prerogatives strip
ped from Governor Huln-r by Lieu
tenant Governor Glynn, who claimed
to he the acting chief executive.
Possession of the privy seal, whose
Imprint validates all documents com
ing before the governor on affairs
wholly within the etul, and occu
pancy of the execute chambers. r
CotitltiiMiu toft 1 i f tii.