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

hence the duty the Senate s clear in giving TO Mr.
Madden the seat 10 which he Is entitled Boards OF can
yored giving the seat TO Mr.. Madden aud allowing MI
Abbott 10 contest Pno Board OF Canvasser OF Sullivan
County acted either guoranty or corrnptly IN dsfHn
chsing two OF tho election district o. their county u
couta nor como from ionorance az the had the statutes
before them lie denied that the returns from the two
districts had been erased and the figures altered The
out the numbers clerical error had been made which
was afterward corrected lie closed by denying that
there any partisan feeling on this subject
Mr.. GASsOH DEM said tnat Mr.. ABBOTT came here
jan with the official document emitting him to seat
In the Senate, aud sworn Later Mr.. Madden
came here and claimed the seat Mr.. Abbott denied
the allegations in Mr.. Maddens petJtOn. Inc matter
vas referred TO the Committee on Privileges aud Flee
tions for investigation. Have they performed that
duty They have not. They refused Mr.. Abbott the
privilege Of Introducing evidence prove his right
% hold his seat. Neither or the contestants
belong to the Democratic party ami the minority,
therefore, are indifferent 10 far az party CONSIDERATIONS
Mr.. Madden IL understood to be IDera Republican:
Tue Committee deprived Mr. Abbott Of the privilege OF
proving chat the returns from the two districts onere
were not the genuine certificates OF the inspectors ol
election. He illustrated his position by fancyng case
IN law where the referee would only hear one sac anu
not allow the defendant 90 Ue heard The Committee
erred Ia denying to Mr. Abbott the right to bring evl
dence and the question should be rec0mmitted TO them
TO take evidence and report their decision after thOr
ough examination Of the entire case. All questions
which interfere with tho prompt decision OF thls mat
ter should be brushed away and the case referred bak
to the Committee for fun and thorough Investigation
Mr. JOHNSON (DcmD claimed that tr was the dniy OF
the COMMITTEE to have examined th9 entire case thOI
Ough and reported che results at engh for the CON
turns the lid District OF FOresburgh, now before
the Senate is full OF garng errOrs While all the other
votes in that little election district in the mountains
OF Sullivan County these returns have been altered 80
L. IT to be supposed that Mr. Madden went up to that
little mountain district On election day and used the
sinews OF war;" and secured 20 votes while all ms col
leagues on the ticket received but At Mr.. ADDou
offered to prove that he had received - votes 10 That DIS
trct, but the Committee would NOS allow him. Mr..
Johnson closed with eloquent appeal TO the Senators
Drop ali questions OF party and vote upon the report
In 10 lV an
desired to postpone action on IT, They stood ready To
DISGUISE and meet IL fairly at any moment.
The senate then took a recess untl evening
EVENING sEssIoN
The Senate reassembled at 1880 .. M Mr. GROSS
offered as amendment 10 the question pending for
the adoption OF the minority report OF the Committee
resolutions that the majority OF the Committee on
Privileges and Elections erred In rejecting evidence OF
tho facts offered by Mr. Abbott, and that the rulings
and decisions OF the majority OF tho Committee be, and
the are hereby aud the subjects referred
back the Committee, to take evidence on both Sides
aud 20 report the same the Senate with all convenient
epeed"
Mr.. wooD CRep) offered the following resolutions:
That The certificates Of the inspectors Of the several election district:
Senator for such district and 4ss said Madden n virtue thereof vas
and tht SAID Madden therefore hereby awarded the
held by Abbott usd that said Abbott be az oey 70 cones. sad
and Elections ,hs proceed Immediately With 'he hearing Of Me claim Of
ssid Abbott to Ihe seat
the claims OF Mr. Madden 10 the seat and his election to
the position and deprecatng the action OF minority
Democrats in making party question 81 IT, or ratner
of as GenatOrs He glad that gross frauds Of the
kind into this ease were very feW ana ~ was
pleasure to make precedent when the duty OF 6enatOrS
Mr. BRADLEY DEM surprised at the position
occupied by the ast tpeahr MT. WOODS uhderstauH-
ing OF the conclusions OF the minority report entirely
erroneous.
Mr. Gross's amendment then taken mp and lost as
follows: Republicans IN Roman, Democrats IN italics,
and Liberals in small capitals.
I,aS,'a por% Rar1 nS MDoiEToS Ray-I2
Booth Cos Cole Connolly De1nsoo, Dow Kellogg hng
Lowery McGosAn Robertson, ssreg Thompson lobe! wagner
Wellnsn, Wood Woodin-ld
The question then occurred Mr.. WOODS amend
ment which was carried by Yeas Is; Nays, II Mr..
DOW offered the following amendment, saying there
had been no canvassnR among Republicans and he was
therefore free TO act the dictates OF bis conscience
may direct
eoIrtd That the report be referred back to the Com
mIttee with instructions TO all the Hon. Frank Abbott
ures II any made the returns OF the inspectors
of the I'D Election District of :he town OF Foresblrgh
after completed by the said Board OF Inspec
tors that for the present they eonne their inyesRa
ton to that inquiry and report ut az early day as
possible.
Mr. LowERY asked to be excused from voting saying
he thought the Committee erred in not taking testimony
In the case and he felt 1t his sacred duty to hear the
evidence before he could vote TO remove Mr. Abbott
from his seat
The amendment was lost:
B,adV DAYTON 0dasOa Gross jacobs johnson
I,d,ptta Lord Loxey MDDLETOs Parmrnter, and RdvlL
EAIs-Booth, Cos Cole Connolly Deanson hsoEH MY VIC
Gowan kobertsoa seLg Thompson, TObey Wagner Welsn
Wood, aod Wool b-l6.
The question recurring on the original motion, the
report OF the majority, IT was adopted.
YE,,-Booth Cor Cole, Connolly Dickinson, Kellogg King
MeGowau Robertson seLIeg Thompson Toee Wagner Welnan
Wood, and Woodn-lb
E.y,-BradLv DayOn Dow Foa 6dnoa Gross, jacobs ohs
,on Lsdu Lord LOwery, hpDLsros, PorTtar and RdylA
The majority report, as amended by Mr. woods
resolution was declared adopted, aud the senate
at lGIO q. ~. adjourned.