New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-10-06
pHEcEDENrs E0R IHE ornER SIDE.

| TO me FdffOr Of me tribune.
| SIN: With n genius for laundering rarely
cquacd sine, st. famous interview with toe late senator
Summers franks aud with nayetc which, under the
circumstance can be nationally accounted for only upon
the hypothesis Of honest Ignorance and native incapac
y this mornings World cites six special preccdcns TO
proye that no United states senator be sworn IN or
take par in The proceedings OF the United states Senate
until after the election OF President OF that body every
one OF which special prcccdcnts with one single eTcep
on proves absolutely the utter fasi'y OF The Worlds
position.
The first Of Worlds presidents shows thaion March
| 4 1911 Mr. King Of Alabama sworn In as Senator
before any President of the Senate had bcon chosen ana
that Mr. King himself thcreupon chosen to
| that Office; the second precedent shows that
on March D. ISl9 Mr.. Atchison sworn in "a sonl
70, before any President Of the Senate had been chosen
and that he too was hCreu?ou chos ~ that oce the
fourth precedent shows that March 1857 Mr Mason
was sworn In rs Senator before any President OF the
senate had been chosen and that he aso was hereuon
chosen 10 that oce the nfth precedent shows that on
March 1868 Mr. Fort WAS sworn In as senator before
any President o the senate had chosen ard that
hc was thofrupon chosen 90 that office; and ~"
sixth precedent shows that On MaTch5 ls77, Nj Ferry
waa sworn i'm a. senator before President Of The
Senate bad been chosen. and that he was therenpon
chosen 10 that Office The third precedent is only notice
able for the reason that II II stood alone and were not
shown by the other five De of authority npon the
ppnt raised. II might contrary Y" HHht i'''''i
gent readers Of Inc World wouid expect OF
a preredont cited nv that iournal-tend to
sustain The WOr'ts position; stands this prece-
dent only serves 10 show that on one occasion the SEN
ate actually chose presiding officer before any new
member was sworn in while the uyr other precedent
cited show 1--WE occasions the Senate sworc IN
new member before choosing a presiding officer No
oucsn appears 10 have been raised the power Of
the senate 10 in tHr i've senators referred TO be-
fore the selection Of presiding officer. and no difference
can be seen between such prucc re and that now al
viscd Dv THE TRIBUNE
Taken together these precelents show % that The
World true 10 is insprcts MUS Of laundering. Is
,rop,. and n, (which il of much mora Importance
TINT the Senate bound. and that 70 has repeatedly
IN practice declared Itself bound TO choose Presi
dent before proceeding TO the swearing In Of new mem
bcrs
The plain truth IA that under tho Con
siitu,Ion and within Constitutional limits, tho
senate Il sole Judge 81 it, own modes
NJ procedure and being such Judge IL for each sea
rate senate within constitutional limits. Ia say how It
rTdn he question o right there be doubt that
TN: TrrSE position is sonud; aud u would ceriAiSy
he In better taste and more IN c"usouanc" WIN tr TIP
rescutaflvc character our COY ernhrhl 70 Adi eVcy
senator 10 bis scai before me dunE nl INV npo
tan business than IL would he for an arcihen,n hnl
pnr,Iy technical and momcutary majority 90 exclude
organization had been effected upon has" unsatis
The i've prcccdcnts cited show that new Senators
NAV be u before the election OF President
usi. that this In the present Instance, 80 that
the whole and al the states shal have voice In
the selection az thar oHIccr L. hpHEhlsoN'
Ncr York, October B. 1881.
This is an old habit with The Worh. Whenever
n Constitutional question arises il forms IT. opinion
ofI-hand Then il calls IN a lawyer TO cite the pre-
cedents This hc does, but, unfortunately for The
Word those prcccdents never support It, own posi-
ton II quotes them all the same and with so much
assurance that readers who are not on their guard
are liable 10 be imposed upon. rs precedent, inva-
riably establish the faacouncss Of its own reason
ing ITS queer gorid - RAJ