New-York tribune., 1879-01-20
4LBINY.
THE SENATORSHIP.

IUMOR THAT THE DEMOCRATS WILL ABSTAIN FROM
VOTING on THE GROUND OF THE LLEGNrTY OF
THE LEGIsLArURE-THE RUMOR NOT SUSTAINED.
lFRoM THE REGULAR CORRESPONDENT OF THE rRrBUNg.l
ALBANY, Jan. 19.-In these last hours be-
fore he Legislature elects United states Senator
NOR Is being circulated through the state with
pertinacy that the Democratic members will refuse to
take part the election the ground that the Legsa
Illegal body, owing the failure OF the three
previous Legislatures reapport0n tie Assembly and
senate Districts Of the state in accordance with the COM
mand Of the Constitution. Compiled with this
another to the effect hat the Governor intends attach
protest to the certificate OF the person elected SEND
tor, the circumstances under which election
was held. Governor RoonsOn la'iy denies TIE truth Of
the rumor to bis purpose in this matter. He sad,
YESTERDAY:
"I haven't had such a thought as writing pro-
test ID has never entered my head II II should don't
not DO indeed think that there Ought To some
puoc rebuke OF the 1Sraut dsobeGleucc Dy the Iast
three Legislatures. Of the command the Constitution
respect 10 r superintendent There has ben consd
t'Dlr as u,>oh Pro ana con among DeinocraI7 - 10
tAe pro or mcsh"u OF nahIl- su'H prU'e5t' Uou"l
whether plan OF uterng the protest has yet been
adopted. You cannot mahe 4 protest of this klnd
the -round that the Legislature - dn egal BODY That
would De aymg tnat "" are lu state ~ anarchy But
there is another to take ot D.. | received
letter TINS morning, rom Congressman, not of
TINS state & &|h4 mace z new point He urges
ccrf ate u election senator 20 any at present.
Is imposing upon the other states not properly
q.
rgGtly refuse 20 admit man elected by Legislature
which IT'D political compost 10 intentional
di-ubcdencc OF the state Constitution. Hp the
in support OF this vleW-thaf she character
OF Legislature To be considered judging Of the
qualifications Ot a mcGber. However. II the Dem.
members Of the Legislature should make pub
lie protest not taxing part IN the election OF senator
o. Tuesday their action would impose official duty
on me- should no Dc compelled 10 make note OF IL
| Issuing cert icatc - the - 4dtOr elect"
Attorney-G General SchoOnmaker asked yesterday
70 give opinion OF the theory that the present Legs
lature X an illega body. He replied:
If n as Illegal then chaos and the people viii
have assemble and start new STATE Government
Frankly. thar theory Is most absurd The Leg stature
I'm law is 4 continuous BODY. II holds and ad
iourne ceases 10 exist for does the
Term Oi one member expire than another ready To
take his place When did the l. -satUrc become ilegalt
Wls n AZ the moment in 1876 II failed pass an
aupnr'iGumeut bin! Il every act 0f the Legislature
not the Governor recognized successive Legislatures
The Democratic members cannot IA Ike protest on the
Of the LEGISLATURE being Illegal; Tor
they The same level IN TINS respect trcir Re
nublran brethren Tic fact L. the would never
take sucn aDsIrl position to declare the present
LEGISLATURE Illegal. The courts always the
% the Government. ana they never DO anything 10
break down. In This they would surely SIDE with
the legislature"
There are few Democratic members Of the Le .sature
III the city To day, but al dscam having any Intention
of abstanng from voting Tuesday by way Of protest
The caUcuses Of both parties Will he held tomorrow
night. Senator ConklIng viii receive the Republican
nomination. The Democrats sad 10 be hestatirL
between L.cutenant-G Overnor Dorshemcr and Dewitt
C. West.