New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-11-30
GEN. LOGAN AND THE CHAIR
NO Legal OnJGCTIOA TO HIS SELECTION.
THE BAYAED CASE not a PEECEDrTT-PRoYIsIONS
OF TIE REVISED SGArUIEs.
rpYr r...r, .prr TN

fBY TELEGRAPH TO TIE TRIDCNE.l
WASHINGTON, Nov. 29.-Nelrly all OF the
Republican Senators who are ia the city have been aP
pointed members OF the committee to attend the luei
OF vceI re dent Hendricks at Indianapolis. l"'y
will start their journey tomorrow. Unul 'nci' ie
turn and until they have been joined by th'lr coeas"c
the question Of the Presidency of the Senate VIII De no
nearer solut m than it Oh the day that ar zen
bricks died. The Republican caucus VIII meet e'Hel
OH Friday or Saturday Its deliberations, ii Is thought
Will be short and there viii be nothing like rivalry
among the men mentioned for the place. Everything
will he chara eteiized by harmony and good feeling.
Tie only diicuty which has been suggested III cRsc
that General Logan should prove the choice of the
caucus that probably could not be elected president
FRO until after tie has been sworn i'll as Senator
This argument is thought 10 lie sustained ty Seeoh -
OF the Revised Statutes which reads The oah Oh once
shall be administered by the President OF INC oe"o
to each Senator who shall hereafter be elected previous
his taking his seat" II j. maintained tina" IN Orer 10
General ogans election, the senate must organ
ze by the election Of president pro tempo:e' WIN
would administer the oath OF Office 10 Gchet"I L'S" "
Senator ana then resign But section - OIL inc iro
yised statutes provides that when freSldehi o 'o
Senate Ia, not taken the oath OF Office, il sral be au
miui.te1ed 10 him by any member of the senate
Cau,e D. Section s. Article Of tne Constitution leaus
The Senate SLa choose their other Officers ana a'so
president pro tonpore, in the absence oI the
dent or when nc shall exercise the Office OF President VI
the United States" Nowhere is there any provision
either in the Constitution in the Revised Statutes
which wOuid prevent the Senate from eectlng as us
presiding Onccc person not Senator. 1t Is argued
there ore that General Logan could be elected President
of the Senate and discharge the duties OF the chaf De-
fore he took the oath OF Office as Senator which, OF
course. would required to entItle him to vote on all
questions, and no. in tn case OF tie NcePre5dehI
only when the senate is equally divided
Mr. sBayards eec on in 1881 has been cited as COW
ering the present case The entirely differ
emit At the tie that Mr.. Bayard elected President
OF the Senate there were three Republican senators
ready 10 be in-Messrs Miller and laI ham. OF
New York, and Mr.. Allrich, OF Rhode Island Inc
Republicans insisted that these three Senators should
be sworn in before the Senate organized, and they sug
gested that Mr. Anthony, the senior Senator in point OF
continuous service should administer the oath TO THE new
members The Democrats commended that the OrSanizh
OF the Senate complete until after the cleo
ton of presiding officer who alone was capable ot at
unisterng the oath the Senators elect Beng IN the
absence OF the Secretary Of the Senate who had dr0
called to order by Chef ClorK ShoOer. Mr. B4yard was
elected to the Presidency OF The senate ant be anihs
toned but as he new members had tkeh their
seats The EepuOieanS, having obtained majority; I'm
This ease differs from the present III the important PAR
tcur that then the oath OF Office had to he administered
Senators which, according otle Constitution,
could only be done by the President OF the senate Now
il is Suiy tie President o the Senate who viii take
tue oath according section % Revised statute s.
can he administered him by any member ot tae sen
ate.
The President pro empore need not BE Senator
clear from perUsal % section j. Article o the
Constitution. The question Of the election pro ten
10y the is OF paramount Importance, said Sena
tor Coke of Texas, and Congress cannot be too quick
framing regulate the question Of Presidential
succession. A. far as personally concerned, am
IN favor Of the bill introduced by Senator Holr OF
Massachusetts some time ago, and which PASSED the
Senate, think unanimously. Ny memory that the
hill reported without dissenting voice irOM Ire
Judiciary Committee. AID that it merits were 80 well
recognized that yea and nay vote was not deemed
necessary. Lutte debate ndalgSd N. for II WAS
clear that tic line Of succession proposed was 10 he ~
4 CROUCH accord with the dominant party | do not
know why the bill failed 10 through the House and
not sufficiently cOuNersant with tie amendments by
M EItOns committee to dlsCnss them.
Republican Senator expressed tHr OF mon tO-ui-ht
thai the shortest WY OUT OF Tho GIuruity :" case me
Democrats should raise any question to Nr. LO-hN's
election TO the presidency OF The Senate before nc was
would he - put up IA dummy. I'm other words,
Get senator WHO would serve for I'd" pur O-r Only
of ceiling the Scuatc 10 ordcT swearing Mr.. 10 -an,
resigung and giving the Illinois Senator. Ia his
opinion this the shortest and most ldl teal way OF
settling the difficulty.