New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-15
ALB n.
THE STATE sEgATE.

ALBANY Thursday. June H. s66
Tie Senate, in secret session, spent the morning N
considering questions submitted by counsel yesterday
recess was taken without coming to DECISION
AFTERNOON SESSION
On the opening Of the door of the Senate Chamber TINS
afternoon the President announced that the Senate had
adopted the following resolution:
Rssoird That by virtue Of the message OF the Governor
read at the desk OF the Clerk on M IAN day OF February last
right proper time TO hear and determine the question OF
removal Of the respondent from biz office
Mr. SHAFER said that the message, as read by the Clerk
on that day had been brought to the notice OF the
respondent in any way form He therefore asked that
the defense should have time TO consider what course to
take under the resolution. lie also wanted to know wha
was meant by the proper time" He did not know what
the message that referred to in the resolution.
Mr. STDGwICK thought that the charges should be read
and the trial proceed Tine enough had been occupied
already and il was unnecessary to delay longer The
Senate has twice decided that il has jurisdiction III the
ease AID he submitted it was not becoming 10 ask TOT
further time to see how trial may be delayed
Mr. SMITH said they had asked that the message upon
which these proceedings we're based should be read.
message had been read and had been proved that such
message the clerk had read in the posses
sion of the Senate He asked for the opportunity TO de-
mand Of the decide the question OF irreglary
that had been raised. Thus far the point has been
evaded.
Mr. SHAFER said il not in the power Of any living
man to produce the message OF the l4th OF February re-
for time to consider what course to pursue IN view of the
new complication thus created.
After further remarks the Senate went INTO secret ses
sion, ana no IuTlhtT
THE CASE OF JUDGE sMTTH-PREsENTATGO OF FACTS.
In view Of the points raised the trial of Judge Smith
bv the Senate and the arguments already used the follow
ing facts are presented;
By the Constitution article G. section H. 1t Is provided
that County Judges ETC. may be removed by the Senate
on the recommendation Of the Governor. Charges ia
writing OATH made against the County Judge by
persons of Oneida County. The Governor sent the
charges TO the Senate with short message recommend
ing the removal OF the Judge unless he should dsroye
the charges against him. The message was read IN the
Senate and ordered be referred to the Judiciary Com
miee Before being referred entered on the journal,
the Northumberland took the message back to the
Governor and suggested that be modified ~ some sght
matters OF form. Without knowing whether II had been
presented the Senate the Governor at once made tho
desired change recommending that the accused should
be removed from Office if, upon full and fair invest
CATION he should be convicted of the charges. He
then delivered the 10 the Lieutenant Governor,
who returned il 10 the Senate In its modified and
present form II was entered the journal OF
the Senate in full, published in tie papers the next
day. and copy aftcrward served upon the accused
whose defense prepared with reference thereto
II is held that good lawyer questions the authority OF
the Governor 10 send new message, and the one 20
modified became new message and property Trans
mted to the 1t appears that the message a. coz
rected read by the Clerk to the Senate next day from
the record and duly approved IL is also held that any
question 10 be made 10 the DtOrmay OF reading
the new message the Senate for the first time from is
own record IL should then have been raised No obec
ton was then made but the Senate Is asked By tax
ing oral proof contradict its record IN this COL
lateral way The message merely gives jurisdiction to
the Senate and enables 1t 10 proceed with the iral ana
the County Judge tried not upon the message but upon
the charges made upon oath, which remain unateIed