New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-10

advantage; and this was OF interest only as
allowing the animus Of the party leaders, and
what might BIO expected of them whenever the
opportunity for sharp practice was offered
them.
II may be doubtful whether the provision
which requires q majority Of votes for an
election of Senators, instead of allowing q
plurality to choose, as in nearly all the rest OF
the States is entirely wise. Had it been
otherwise, and election by plurality OF
votes been allowed, the Senate would have
been organized the same as now, and there
would have been no controversy, nor any
chance for one. Following this it may be
doubted whether it was wise to enact by stat
utory provision with such precision and exact
ness that candidates voted for by other than their
full baptismal names, or who were ineligible for
any reason, should be deprived of their votes and
thrown out of the count. Giving the town ali-
thorlties the right to act upon questions which
might arise under such law, is virtual IN
reference with and denial of the constitutional
privilege of legislative bodies to judge of the
qualifications of their own members. Under
the statute, however, it would seem that the
officers who made the returns were guilty or
negligence in not throwing out the votes
aftcrward discarded by the Governor and
Council. This was the primal blundcr
under what we must consider an
absurd law. The next was when tho Gov
crnor and Council, as already shown, exceeded
their constitutional privilege, and, in canvass
ing the returns, went behind them and con-
sidcred the questions of baptismal names
and the eligibility of candidates Then
&C IL
lcan Senators retiring from the Senate for
reasons which they had no official knowledge
of then the bundcr of the House in acting
upon common report instead OF official notlica-
ton when they asked the Judges OF the Supe-
rior Court to decide the question
The whole business has been n series of
ouibblcs from the beginning. 1t was hardly
worth the while of grown men to be engaged
in Many questions arise as to the wisdom OF
tho constitutional provisions and statu-
tory enactmcnts by which the proceed
ings have been complicated and ham,
percd, but there can be no doubt in
the mind of any reasonable, impartial
person of two things, to wit first, that under
the Constitution of almost every other State
the two Senators whose seats were in dispute
would have held them unclallenged,
since they had each plurality of the
votes cast second, that the Democrats very
plainly ovclrodc the Constitution and the
laws of New Hampshire in their action giving
them seats without having had upon the
face of the returns "a majority of the votes.
Il is well, though, that it has been settled
without serious disturbance. The Republicans
yesterday elected their Governor III joint con-
venton OF the Legislature, the seeding
Republican members of the Senate having
returned to their places upon the announce
mcnt of the decision of the Court.
1t only remains for both parties now to accept
the situation, leave off sharp practice, amend
the laws which have been found practically
faulty, and try to legislato for the whole
State instead of engaging in petty party in
trigues for power.