New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-04
TWO DISPUTED ELECTION CASES.

Assembly making about q dozen now ptuuiub III 'IO
two houses for a road through this street.
TWO DISPUTED ELECTION CASES.
THE nApDEN-ABBOTr CASE ADJOURNED AGAN-MR
SULLIVAN ADMITTED TO SEAT IN THE ASSEM-
BLY,
rrRon TIE REGULAR CORRESPONDENT OF THE TRBUEE.l
ALBANY. Feb S-Contested seat cases occupied
the attention of both houses to-day TO the exclusion
of most other business The case of Madden against
Abbott for the right to the seat from the Ath Sena-
tOrIal District came up as q special order In the
Senate when Mr.. Bradley, the Democratic member
of the Committee on Privileges and Elections and
the author of the minority report made an elaborate
argument support of the view taken IN his report
Themain point of the argument wasas TO epropney
of the action of the majority of the Committee in
awarding the seat to Mr.. Madden without a full
investigation Of all the facts pertaining to the cleo
ti0n in that district He cOntended that the Com
mittee should have ascerisned who was actually
elected before reporting in favor of Ousting Mr..
Abbott from his seat on partial statement Of the
facts. lie ikened the action of the majority of the
Committee 10 that of a judge who, IN a suit a
promissory note refuses to hear testimony to prove
that the note is a forgery, but gives judgment for
the plaintiff on the primd facie evidence that the
note is genuine
Mt Parmenter DEM followed in support Of the
position taken by Mr. Bradley, and cited authorities
to show that the action of the majority of the Com
uttee was against all precedent, except in a single
instance and IN that there was pretense in
tins that the returns were forged
The speeches of Senators Bradley and Parmenter
occupied nearly the whole session, and, on motion
Of Mr. Woodln, the further discussion was postponed
10 tins evening when the adjourned till to-
morrow. The test vote last week Indicated beyond
doubt that the majority report will be sustained
sBd Mr. Madden will get the seat and the discussion
apparently has DO other object than TO make little
political capital for the minority and TO furnish the
majority an opportunity to repel the attacks made
upon them by showing that the Democrats always
do the same thing when they have chance: Its a
wei known fact that contested seat cases af6 almost
invariably decided ia favor of the claimant whose
political sympatbies are with the majority; which
only shows the necessity Of law for the settlement
Of such before the courts prior to the meeting
Of the Legislature.
III the Assembly the case Of James =. Sullivan,
recently elected 70 IN the seat of Henry W. Genet
of the XAlst District Of New-York was brought up
OH a motion 10y Mr.. Blumenthal that Mr.. Sullivan
be allowed to take his seat on the hoor he having
taken the oath of Office before the Secretary of
State. Mr.. Batcheller moved as an amendment that
hIs credentials be referred to the Committee on
Privileges and Elections. He SAID there were grave
doutts 10 the legality Of the special election called
by the Governor TO oh this seat. Waving the
question as to whether Genet had been convicted Of
al Infamous crime in the eye of the law he made
the point that at the time the Governor issued his
proclamation for a election lin December Genet
Was not a member, but the incumbent" Of tho
Office at that time was Mr.. Crary, the last years
member from that district. Nj Genet could not
take Office until the 9th of January the date of the
meeting of the Legislature, and any cali for spe-
cal election prior TO that time was Illegal because
there was 10 vacancy.
Mr.. Ayord took issue with Mr. Batcheller on this
point and read the statute specially authorizing the
Governor 70 call special election whenever
vacancy occurred in district after the general
election, and PRIOR 10 the meeting Of the Legislature
Mr.. BatcheleT questioned the cOnstitutionality OF
TINS law. The discussion finally ended by the unani-
nous adoption Of Mr.. Blumenthals motion to allow,
Nj. Sullivan TO take his scat, and the subsequent
adoption of resolution offered by Mr.. Spencer
referring SuIvan's credentials 10 the Committee on
Privileges and Elections to investigate the question
and report to the legality Of the special election
CURRENT TOPICS AT THE STATE CAPITAL.
THE COMPOSITION OF THB ASSEMBLY CURRENT
LKGIsIAuOS-ALBANY NOTES.
ALBANY, Feb. 3.-Statistlcs compiled by the
Librarian show that there In the present Assembly
farmers, "a lawyers, IS merchants IL manufacturers
nVe phyoeans, one undertaken, one butcher one dis
oer, one editor, and one gentleman The editor is Mr.
Coughln OF kev-York, and the " eentletnanui s nv
Alberger Of Buffalo The nAvities OF the memhers are
New York, 100; Ireland, Q; Germany Prussia ana
Bavaria, G; England, 81 Holland, ] Massachusetts a
Vermont, q; New-Haupshire, q; Connecticut / M.,no
/; Maryland and New-Jersey. l. The average 49,
OF members about 20 years the Oldest bars bsoo
Edmond Miller Of ChemunR, who g. and the younees,
Hamilton F1sh OF Putnam, who is a. The tallest ana
heaviest IN the House is Seth G. Pope OF St. Law.
renee who s feet inches IN hight, and weighs $40
pounds Mr.. West Of Saratoga and two three other
members feet inches. and the nghtest weight
Stephen II. Hammond OF Ontario, who balances 10
pounds. The married number 100 the bachelors
10, and vidoverg
Dill Tor the reorganization o; the Civil Jusnces'
Courts OF keW-York, introduced by Assemblyms spen
eer -day provides for the election il the Pail OF 1875
THE time when the terms OF the present Justices expire
Of I'VE CIV Justices for the city, 70 be chosen on
era ueket In order 10 give the minority represents
ton, the bill provides no elector shall vote for
more than three candidates. The bin reduces the
number OF Justices from nine fve requires them TO
nl permanently. and allows them 5000 per anDum
saiary.
An important bill also introduced by Assembly.
naHoakley for reduction Of the rates of Wharfage m
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