New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-07
OBSERVATION-DISCLOSURES POLITICS.
PHASES OF THE LEGISLATIVE STRUGGLE.
THE RIGHT OF THE GOVERNOR AND THE COUNCIL
TO PASS UPON THE LEGAL REQUIREMENTS OF
lesUE

CANDIDATES FOR OFFICE THE POINT At ISSUE
WHAT ARE RATADLE POLLs-AN OPENING FOR
FRAUDS AT ELECTIONs-A SPECIMEN FRAUD
THE INTENSE CONSERVATISM OF THE PEopLK-A
RELIGIOUS TEST IN TIE CONSTITUTION.
Iypou A SPECIAL CORRESPONDENT OF TIE TRDUSEl
CONCORD. n. H., June 5.-NOt since 1871
has 80 much interest felt in the assembling OF the
Legislature OF this State has been cvnccd this year
The Legislature has adjourned until Monday TO await
the decision OF the Superior Court in the case
NJ the contested Senate Districts. The compli'
cations which have arisen may he ascrbcd in good part
TO the law which requires that successful candidate Tor
any Office the gift oi the people shall have received
majority of all the votes east Tor the various candl
dates In 1871 there was tic in the State Senate
tlere being i've Republicans and five Democrats
conceded by both sides to have been fairly elected,
one seat contested and vacancy caused by the death
OF the Senaorelect BY coalition OF the Democrats
and Labor Reforners Democratic Speaker of the House
was elected by majority OF one. There were several
contested seats Enough of these wen; to the Democrats
by the majority Of TO give them air WORKING ma
jority Tho Democratic candidates in the Senate Dis
trict where no election had then seated and
the Democrats thus bad control Of both Houses OF the
LEGISLATURE 1t is claimed by the Republicans that tie
Senate Is tie, III ISL This Is denied by the Demo
Gratis. who affirm that under the laws OF the S'he INC
Senate stands seven Democrats and five Republicans.
Tho two contested districts tho lid and the WITH In
Head OF Hookset; the Democratic candidate, James
Priest Of Derry, and the Prohibition candidate,
Joshua G.. Merrill Priest failed OF an eiecton
by few votes the united vote OF Head and Merrill ony
exceeding his by few votes All the votes Tor Nathaniel
Head were cast for 4" Matt" Head IL Is claimed 10y
the Democrats that this ytated his vOtethat 10 be legal
they should he cast for Nathaniel Heal. Accordingly
his entire vote was thrown by the Democratic State
officers, and Priest declared elected by large ma
jority the WITH District George T. Todd of Concord
was the Republican candidate for Senator John froe
tor OF Andover tho Democratic, and the Rev. Arthur
Deering editor of The Prohibition Hcrdh, tie Prohib
ton candidate The Constitution of the State requires
that candidates. be eligible shall have resided in the
state than years prior to the day OF eec
ton The Prohibition candidate had only resided I'D te
state for four years prior 10 tho election Ills 'oe
was thrown invalid and Proctor having received
more votes than his Republican opponent was Declared
elected In each district there also few scattering
votes.
The Eepublicans while admitting hesn facts say thai
the Democratic state officers exceeded their authority IN
throwing out the votes OF any candidates, or passing
mon his legal requirements They affirm that this is the
province Of the Senate and House i'll joint session. Who
alone have the right to decide 10 whom shall bc awarded
seats in those bodice They cite various precedents Tor
this declaration They declare that the seating OF hessrs
Priest and Proctor Is uGcOnsui 0nal ana III oaeo reHo
mii0nary The protest made by the RcpuDnc'm senators
on Withdrawing from the Senate after the Governor ana
the Coupc had insisted administering the oath OF
Office TO Messrs Priest and Proctor. sets forth the pro-
crammc of the Republicans. 1t recies in brief thai the
Rcnublcap Senators having protested against the adj
npistraton of the oath of office by the Governor TO
james Priest and John Proctor rs Senators for Districts
Nos and also protcst against their occupying seals
The pro,o sats had appeared and taken their oaths rs
Senators because it their constitutional night ana
duty to do 81, without waving any oeetl0n 10 ha pro
ceedngs or % anything that had been or might be done
tlt,C atnra who's S..f
not AMI would not waive any objection to the legal de-
fccts which they said must maiesty attach 10 all pro
ccedings founded fragrant usurpation ana violation
the Constitution. They had sihcd ihclf Willingness
TO take their Senator's TO act with tie Senators
whose seats were contested and TO await an ADJUST
ment of tho question in dispute by the count or Other
wise. But their fair offers had been disresalded and
1t was the manifest purpose OF tho Democratic Senator'S
TO effect organization of tho Senate with Messrs
Priest and Proctor members, as the only ehectual
method Of resisting papabe wrong ana ururpation,
they declined to participate in such an organization pro-
tested against the unconstitutional ana Ill elect
revolutionary, and Withdrew.
The Republican leaders say they are anxious to have
everything done In accordance with law. and to avoid
anything like the disgraceul action vi the LOUISIANA
Returning Board and the subsequent scenes III the Legs
latnre of that State There probability a. one tinr
of a serious complication in tho Lower House The
Democrats contemplated obtaining control OF the House
nv giving TO Democrats the OF sufficient number
OF Republicans to wipe out their majority nhey could
have done this ~ the Clerk Of the former Democratic
House retained until his successor was chosen re-
ceyed the credentials Of the mombers OF thonew House.
and called the roll to effect temporary organization
The Republicans declare that they would not have sub
mitted to this Two would have been open Ia
Them They could have forcbly Resisted organ
ling the House ia this manner, or they could
have organized by themselves. II they had
pursued the latter course, the Republican Senators
would also have Withdrawn. The result would have been
two rival Legislatures. The Democrats would probably
have chosen Hiram Roberts, the Democratic candidate
at the recent election Governor, and the Republicans
p c. Cheney the Republican candidate No election
had the people Mr.. Cheney receiving plurality only
of the popular vote The firm attitude OF tie Eepnbn-
cans and the moderate cOnses OF the wiser leaders OF
the IN ,crac party prevented this complication The
Democrats support the State officers in their action and
say they could not have done otherwise under the pro-
visions O the law applicable to this class OF cases They
cite tie following section:
The Christian Of every voted for
with the initial letter. OF TIE middle nam, ana w usual a,Te
printed upon ballot and every ballot not Thus pre-
pared shall bo regarded As blank AMI not counted
They claim that this proyisong the Governor and
the Council full power to act they have done in
respect to lid and WITH Senate Districts. and jus
fed the sumlnonng OF Messrs Priest and Proctor to a
pear Senate Chamber and To take their seats as
senators from those districts They further declare that
having thus legally chosen. Ii would be folly for
them 10 waive the advantage obtained. They have
majority Of the Senate and have organized by the cleo
ton Of officers They will submit the case to the courts
with the question of the right Of the Governor AMI the
Council TO pass upon the legal requirements OF cind
dates for Office the privilege OF the Senate to organ
zc In the it has done. Beside the election for
Governor there is another matter which has vital inter
est to the politicians Of both parties. The
Democrats having control OF both Houses Of the
Legislature and the Governor, last year. legisatod with
special view to keeping the control OF the State The
Senate districts gerrymandered in such way to
give the Democrats the advantage, and many OF the
Hanna xcra emf I'm like me- The lava