New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-24
TwEED'S SEAT IN THE SENATE.
JOHN GRAHAM's OBJECTIONS TO AN INVEsTiGA-
TIoN-oNE WITNESS EXAMINED.

TwEED'S SEAT IN THE SENATE.
JOHN GRAHAM's OBJECTIONS TO AN NVEsTiGA-
TIoN-oNE WITNESS EXAMINED.
The Committee of the Senate appointed 10
examine into the charges against WIN ~ i"oo"'
senator resumed their session Saturday morning at tne
Metropolitan Hotel, Senator johnson tresiuns' 80.
tors Lowerv Allen Lewis, and Graham were present
with their counsel, Mr. Parsons Mr. l"ee" We"
tendance with John Graham as his counsel oo'o "
nsson took Mace AT the opening OF the session rs "
whether the proceedings should or should not DC puo'
Int finally the reporters were admitted
Mr. Graham opened bis argument py sla'"s '
looking al the preamble and resolution unuor "o 49,
Committee were acting, he ionnu no aiios" -,
client ever took the oath of Office, which by the oons
- -, ,be state a Senator was required 10 take In
dotinn 70 that he found 1t virtually admitted no'
positiyey alleged. that Tweed had never apPeaie~ "
claim The Office. He has never asserNo any iie"' W
heinp considered member OF the Senate from 'n's
state but on the contrary the preamble OF inc reso
ton nv the fact Of the prolonged abandonment OF tue
ee or his NEGLECT TO appear as the incumbent seems
% consider the Office itself virtually vacant and not IN
the possesson of any one that the district TO when IL
is attached is unrepresented In that portion
OF the Council OF the State. He dld NOT
suppose 1t would he pretended that they
had right 10 stand him mp for the pnr-
pose OF knocking him down TO make him accept the
seat of Senator for the purpose OF expeng him, and
declaring the seat Counsel maintained that the
first ingredient OF office possession and 1t was just
as essential as the election ITSELF and TO declare him
member by virtue Of election for the purpose OF SHOW
ing that he ought not be elected originally was pro-
position he meant to cOntrOyert aud deny III ne never
was member OF the Senate, they had no power over
him. 1t only by reason of his being mem
Der of their body they had the right to judge OF his cleo
tion return and qualifications He referred TO the Cad-
well investigation and stated that Roscoe COnRng TOOK
the gIound that in Judging Of the qualifications oil
member OF the Senate, they should be restricted 10
Judge whether other members had the speeinc
qualifications which they are required TO nave
as a condition Of their right TO election They
could not review his previous career for the purpose OF
imposing qualifications upon him OF their own. Ihat
woud be 10 defeat the law and the will OF the people as
EXPRESSED upon the besowment of the majority OF the
votes Of those who elected him to ONCE. MT IWeed
never was member Of the Senate, and he maintained
that under the provision Of the statute he could not by
any possibility be member, because he did not as re-
oured by the Constitution take the oath Of office within
IL DAYS after receiving notification Of his election.
Mr. Parsons called Mr. Graham's attention to the 37th
section of the article 20 which he had referred which
stated that members take the oath Of Office at any
time.
Mr. Graham said that that disposed of the first obec
ton but the difficulty still remained that the election Is
only one step toward the right to take the seat lie
thought he need press only one fact-that Mr. Tweed
had shown by his conduct that did not TO take
the Office and that he has abandoned it. He has per-
sisted in this conduct for upward Of IA months He has
filed no oath of Office has he appeared ON the moor oil
the Senate nor even gone Albany for the purpose OF
taking his seat He called attention to the tweth sec
top Of the statutes OF 1871 which provided that before
entering upon the duties of the office the person elected
should take and subscribe TO the usual OATH and no
other oath test or declaration should be required as to
his qualifications Z for any Office or pubic trust
The 4Oth and lth sections provided that II such once
was occupied before the taking Of the oath 1t formed an
ofense punishable by fine and imprisonment Inc ioth
section provided that the office should become vacant II
IL were not occupied within the time prescribed by law
There must he full membership the pari Of Mr. Tweed
before the Senate can have any jurisdiction over him.
Otherwise the Committee proceed under resolution,
the object of which is to yacate seat when y now
body TO have the right TO Judge Of the qualifications OF
les members they must be members, unless they held
the prescribed oath. constituted member; thongh
then, Of course, the point rs Wen TAKEN bne
Mr. Tweed meant TO take tins ONCE Inen heIe Is
son who meant to be voted into that Office All me
vices and gnominies that could be drawn from ms lie
were to be made the subject OF investigation. The
present action was simply proceeding against an out
slider which altogether Illegal; and II there were
ated in an unhoy league with Nh. Tweed, they should
proceed against thG and ~ inns sfd
against any inquiry by the members OF the Committee
into the cSnunes Oh MI t,sabio G Heel was "0
Mr. Parsons said that lie thought the Committee were
perfectly competent To make this investigation, aud
asked why that Mr. Tweed had attended this in
vestigatOn there question as to his Identity
with person elected in the IVh Senatorial District
An office could become vacant only for certain reasons
First, the death OF the incumbent. Was MI. Tweed
deadl Second, resignation. Had Mr.. Tweed resigned I
Third removal. Mr.. Tweed was not removed, but he
might be- The other his conviction OF nla-
nous crimes ms refusal TO take the oath OF Office
within certain time None OF these occurrences have
taken place. Under the statute Mr.. Tweed had right
10 the seat the Governor had ordered new cleo
ton. The, Committee merely to investigate the
charges against Mr.. Tweed, and had power 10 act
upon them simply had 20 report the result Ia the
Senate he thought that the argument OF Mr.. Tweed
counsel had no weight
The Committee retired and deliberated for short
tune and then announced that that they would not pass
upon Mr.. Grahams protest but would submit to the
Senate hence the investigation would proceed
The first witness called Artemas 5. Cady officer
in the Controllers office. He presented the vouchers
and warrants OF Keyser, Garvey iugersOl Davidson
and Others which made up what are Known as the
100000 vouchers, representing $G3l2 81 paid 10 those
persons. The vouchers were all read III detail Mr.. Ca
dy's testimony being entirely confined 10 the formal
proof OF documents aud the commences OF the sig
natures. Upon the conclusion OF this testimony Mr..
Parsons stated that ii would require little time 10
arrange the evidence regard 70 the city affairs he
ready postpone the investigation for the day After
discussion the Committee adjourned, to meet AT
Congress Hall, in Albany, on Wednesday, at ! y. III