New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-06
I ALBANY.

THE OLD OATH AND THE NEW
| TEN AssEMBLYMEN AND ONE SENATOR TAKE THE
NEW OATH IN ADDITION TO THE OLA MEM-
BKR EXPLAINS WHY HE CANNOT Al PRESENT
TAKE TfIK NRw OATH.
| trRoM REGULAR CORRESPONDENT or TUE TRIBUNE,l
| ALBANY. Jan. 5.-Ever since The TRIBUNE's
| publication last week of the names of MEN,
bers who had fastened to take the old oath
there have been indications that some of them
would relieve themselves of the suspicion that
this action had east upon them. by taking the
new oath when occasion offered: and to-day 10
members of the Assembly have adopted this course.
When the roll was called by John 0'DOnnell,
Clerk of the last Assembly. every name was called,
whether the member bad already taken the oath or
not. Those who were able to take the new oath did
so, and there much comparing of lists to see
whether the member had previous taken the old. The
position of those who had done so, and who still
fused to take the new oath, somewhat embar-
RAISING one They were the subjects of a great deal
of hard staring and exceedingly broad quizzng
from iron-clad" friends When the roll had been
called once, it was called again in order to
give second opportunity to those mem
bers who had not moved from their seats
when summoned before. Only curious Incl
dent broke the mOnotony of the swearing-in. Peter
Slingerland of Albany, who took the old oath. adj
vsnced to take the new or "iTOn-clad," and placed
his hand with the other members on the Bible. But
when Secretary of State Wllers reached the second
clause of the oath which deals with the payment OF
money OF any other valuable thing" Mr.. Singerand
snatched his hand from the Bible and tnrned away.
His name is not to be found among the signatures
TO the new oath on the oath-bOOk, and therefore
must stand in the longer and less reputable cata-
lOgue. The following are the members who sub
scribed to the new oath
BENJAMIN F. BARKLEY Deml Of Greene
JAMES 5. MILLER (Deml Of Orange.
john FREAM (DemD of Ulster.
SAMUEL T. BENEDICT (Dsm.) OF schenecta6~.
VIM. HOGAN DEM OF Seneca
HANFORD STRUBLE (ReD) OF Yates
KNOX McAREE Rep OF New-YrE
This reduces the list to % Democrats and l6 Re-
publicans.
At the afternoon session for the purpose of draw
ing seats Warner Miller of Herkimer rose to ques-
ton of privilege and stated his ground for having
taken the old oath. which he said he should be
compelled to adhere TO until the Court Of APP
peals should pass on the question. He
had found himself wavering between two construc-
tons of the word indirectly" in the new oath.
If the construction was made so broad
that the word would be held to refer to
the ordinary assessments paid by every man
in political life. he could not cOnscentiOusly
take the oath; but if it received a narrower
construction, he could do so. Until the question
was decided by the proper authorities, every man
must Judge for himself This will undoubtedly be
the line of explanation adopted by those members
who are sufficiently concerned about the matter to
attempt any justification of their action.
Ex-Speaker Jam w. Hustled, who took the new
oath to-day had previously taken the old, though
the paper had never been filed with the Secretary
of State. The for this step that Gen.
Hustled being in delicate health was about to start
for Florida on visit to his brother and did not
pect to return in time for the organization of the
Legislature
Senator Albert z. Lanning's early appear
ance on the books of the Secretary of state
was only in accordance with the requirement
of the Revised Statutes that persons elected to
fill vacant seats, shall take the oath within Is
days after being informed of their election. Sem
atOr Lanning also took the oath to-day and is
thus doubly relieved of any suspicion that have
attached to his course.