New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-06-27


UH4T WR. CONhIING HIrE POSSIBLE
The Republicans Of ui@ and other sane.
now nave before thcm new evidence oi thc
folly and trcachcry Of Nir. Co'i,s in aiaa-
doning ms two seats in tne S,urtr. and 81
trying to get them back after hc hal ai.u-
doued them. Losing two votes 90 which Re-
publican constituencies were riShtluiy en-
titled the Republicans lose control Of the Sem
ate. And now it Is openly threatened ~ Demo-
cratic organ that Senators chosen by lhe pres
eut Legislature shall not Doe admitted tpon
a pIctcxt which respectable men Will consider
di.rcputable and shameless trick, 1t j. "--
serted that the Democratic majority in The
Senate will refuse 20 REGARD ms valid amy cleo
ton that may hereafter be made 10y the present
Legislature.
For ways that are not only dark but posi-
tiyelv rascally, AMI for tricks that are not
only vain but positively suicidal, the section
OF the Democratic party which The Horid repre-
sents cannot be surpassed. That journal as
scrts at length, and with doublc-leadcd en-
phasis, that there WAS no ballot taken in JOINT
! Convention on Saturday, because there was not
present and voting a majority of the Senator
| elected. and that no valid ballot can be- taken
nor any election made hereafter by thls Leg
i.laturc because, as it is alleged, it has per
mttcd one day 20 pass without valid ballot,
only sixteen Of the thirty-two Senators voting,
| and enc other who was present benz paired. The
Federal Statute provides Revised Statutes, Sec
ton ~ that "thc person who receives
ga majority Of all the votes of the joint
" Assembly, a majority of all the members
elected 10 both houses being present and yot-
| II. l.. L dttit. aIe.fa1 - Thor.
were present and voting 10l members on
Saturday, and that Is "a Diajority of
call the members elected 10 both houses
The statute does not require that a
minority of all the members elected to
each house shall be- present. In the same
| section the words d" each house are repeat
edly and properly used in other places; here,
| the manifest intention was 10 prevent bare
majority of the members OF either house from
| defeating an election by absence or refusal 10
vote. The history of the statute. which was
passed on purpose TO prevent just such Demo-
cratic rascaities rs the one now proposed proves
conclusvcly that it was the deliberate purpose Of
! the law-makng power not to leave it possible
any longer for bare minority in the smallest
branch of State Legislature to keep state
unrepresented. The same reasoning applies 70
the provision that 1t least one vote shall be
taken each day "until a Senator is elected. -
This provision was intended to secure not to
prevent. an election OF Senators. If by absence
or design a quorum fails at any time, the law
| expressly requires that the joint assembly shall
meet again the next day and vote again, and
the pretence that a subsequent election would
| then be invalid is not merely without any foun-
dation-it is fatty opposed to the express Ian
! guage Of the law.
But a Democratic majority in the United
States Senate may nevertheless exclude duly
elected Senators on this dishonOable pretext,
il is said. they have the power, it is true.
| But not all the Democratic Senators are shame
less enough to do a thing so unlawful. Il
would bc easy to name several who eau be
safely trusted to decide in such case as good
| lawyers and honest men, and who would de-
spise themselves ever after If they should stoop
to partisan trick so vile and lawless. Ii only
one should vote with the Republicans for the
admission of Senators lawfully elected, that
| would be enough.
Mr. Conkling is responsible for this business,