New-York tribune., 1876-01-05

and another is understood 10 be coming Coi.
Cavanagh claiming the seat of Senator jacobs. Air.
Starbuck presented the petition OF MI breeu' anu
Mr.. Booth that of Mr.. Laimbecr. MI Breed quotes
tho section of the Constitution which provides tnat
"no person shall be eligible to the Legislature who
at the time of his election is, or within 100 days
previous thereto has been, member of Congress-
civil or military officer under the United States, OF
an officer under any Cit7 goveTrmont; and for sup
port of the point that Mr. Vedder was Register III
Bankruptcy beyond the constitutional hmlt, no
refers to Sections 1893, 1891, 4,99o, 499I fo9o'
5,O12 Revised Statutes L. s., where his position
ia named frequently as an ONCE anu
the ReQister as an "oflicer." He further
shows that n Register in Bankruptcy is
appointed on the nomination and recommendation
Of the Chief-Justice and is required to give bond
to the United States for the faithful performance OF
his duty. Mr. Breed claims the seat on the ground
that the electors who voted for Mr.. Vedder did so
knowing that lie was ineligible, and III effect cast
blank votes.
Mr. Laimbeer sets forth that he received 1858
votes at the last election and claims the seat the
ground that Mr. Gerard was an Inspector of Schools,
under the appointment of the Mayor of New-York,
at the time Of election, and was therefore Ineligible,
and that all the votes cast for him were null and
void Mr. Gcrards friends quote IN his favor de-
clson Of the Court of Appeals, which lald down the
rule that, as the Board If Education was nade py
statute part of the educational system oi the Sa'
not subject to the local government OF New. iOik,
the appointment by the city government did Lot
make the appointee necessarily an officer OF the city
government. Both petitions, involving as they .dld
questions of law were referred TO the Judiciary
Committee.
ORGANIZATION OF THE LEGISLATURE.
LEyITY IS TAKING THE OATH-THE HOUSE AN IN
TEIuGENT LOOKING BoDY--TIE BEST SENATE
IrROM THE REGULAR CORRESPONDENT OF THE TRIBUNE.l
ALBANY Jan. 1.-THE Centennial Legislature was
inaugurated to-day with frequent centennial allu-
sions and countless promises of good behavior. The
organization proceeded smoothly, as organizations
usually do and except the hafsuppressed smile that
went round as each batch of members took the OATH
there was not even ripple of merriment to break
the monOtOny 1t is to be feared that the oath was
not taken as seriously by some it might have
been. There was one bold spirit who actually
dropped his eyclid as Nj Bigelow read the solemn
affirmation in a low and respectful voice; and one
whose courage was hardly equal to this familiarity,
wipked and smiled nj the Clerk when he heard the
clause in which he declared himself innocent Of all
bribery direct or indirect at the last election The
new ooi,,, Is solemn farce, and its dramatic effect
would be greatly lshieHea y. "h o'c"S4oh"' P'"So-
cution for perjury.
Judging from the first look at its faces, ths LcgS-
lature is a great improvement on the last. lhc
House is a much more intelligent looking body than
the last though it is not by any strong as
it might be; but the Senate. old Republicans de-
clare, is the ablest in twenty years. 1t has so
many strong men that Judge Robertson is already
puzzled to know what he shall do with his material.
And this strength is not confined to the Republicans
For the moral character of the Senate hardly 30
much can he said. There are half dozen dark
spots on it, but even in that respect it is perhaps
improvement on its predecessors.
With these things in its favor, there is no reason
why the Legislature should not do the State the
kindness of a short session. The Assembly has n
quick keen and impartial Speaker in Gen. Hustled,
and a shrewd and popular leader in Mr. Sloan and
presents marked contrast 20 last years Democratic
Assembly which had no Speaker to speak OF and no
leader al all. The Senate retains number OF expe-
rienced members of the majority, who have passe
their apprenticeship in parliamentary bodies There
is not very much work for this Legislature to do.
The evidencen tie case of Auditor Thayer so full
that his hearing before the Senate need not occupy
much tinde There is little left 10 do in the way OF
completing the general laws. The Board Of Audit
bill must be passed. and the Supervisors ana VII
1ages act needs some medlng; but only thc nrst OF
these is Immediately necessary No Investigations |
have been proposed that promise TO bc practical, eN
cept the Recommendation III the Governors message
to-day in reference to the state prisons. Gen. |
Hustled promises session OF eIghty days If the com
bined efforts of himself and the Clerk Mr.. Johnson
can effect it, There seems TO be no good reason why
that promise should not be carried cut, and the
people of the State would like If.