New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-05
LEGISLATIVE PROCEEDINGS.

DEBATE on TItE ABBorT-MADDEN CONTESTED EiEc-
TON CAsE-AssENBLY BILLS PASSED REPORTED,
OR INTRODUCED.
SENATE. ALBANY, Feb. 4, 1874
Mr.. ToBEY offered resolution that the
Committee on Privileges and Election have power TO
send for persons and papers In the matter OF the petition
OF Mr. Yeomans. r for the seat OF James g. thompson
as senator from the XXIIId District Adopted.
The Abbott Madden was then taken up
Mr. WOODEN said this case was attracting wide atten-
ton not only In this but in other States 1t Is not only
important to gentlemen themselves but TO their con-
stuens and the people OF the State and Is even OF
national Importance the present Senate will have to
elect United States Senator. IL also important as
making precedent no similar having heretofore
como before body The question also involves the
integrity Of the Senate in far as is our duty 10 see
that no person has seat here unless he Is entitled to
By the will Of the people With reference to the charac
ter which some Senators have sought to impress upon
this question: claiming that indecent haste was being
made in prosecuting the case, the speaker denied any
haste 1t was justice the people OF the Xth senatorial
District that demanded He denied, also that any
Republican caucus had been held on the subject
He had forgotten that either Mr.. Abbott or Mr.
Madden belonged TO any political party,
and like every other Republican Senator had consid
cred the question simply on its inertia month had
eapsed and vet the question 10 unsettled. He pro
ceeded 70 give figures from the printed election returns
OF the district, except Falsburgh and Forestburgh
which were not returned TO the county canvassers
Had they been counted In Mr.. Madden would have re-
ceiyed the certificate OF election from that district and
Mr. Abbott would not occupy the seat be does now
which In the opinion OF the speaker was usurpation
on tho part of Mr. Abbott The Senate had the constl
tutona right TO place Mr. Madden In the seat to which
he WAS elected the county canyassers had not done
their duty was the right of the Senate to zee 10 1t that
the yishes OF tho of the Xth Senatorial District
should be carried out.
The Board OF County Canvassers had no night TO reject
any returns, Their duties merely ministerial Fad
thew any other powers such Boards could rule ana
override the wishes OF any community.
He claimed that the County Canvassers 10 re)ectlng
the returns of the election districts, had comnteu
gross violation law, and quoted numerous seosons
from the statutes bearing the duties OF cansasse
Inspactors OF election obliged TO receive Dao from
all who appear be voters except III the case OF
yicted feIon He did not concede single faw IN the
election OF Edward H. Maddcn Tue case OF BAKER agt
Gregory. IN Putnam County, was soInowhat sim,.M
The case OF John f. shanks aud Mr. Nen from the lxh
Congres,Ona District OF Indiana, IA IN all respects IKE
the one now under consideration. MT Men was gwen
scat In the House the certificate OF The Governor OF IN
diana Mr. shanks applied 10 the House ana an invest
CATION OF the case showed That ballots LOT MT
Shanks had been rejected by the Board or
Canyassers and the House finally gave the scat Ia MI
shanks removing Mr. Ncn Even N no similar ea+o had
ever occurred II ung that the present senate should
make precedent when It's duty n 40 plain MI Abhou
holds hr scat through The fraudulent rejection Oh ba'ots