New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-14
SENATOR sTUHR UNSEATED.
!. p,AzEN CRIME UPHELD BY NEw.JERSEY
DEMOCRATS.
-vv LEGISLATURE IN SESSION At TRENTON
xpoNALD. THE BENEFICIARY OF SHAME
yuL FRAUDS IN HUDSON COUNTY.
GETS BACK THE SEAT HE
WAS DEPRIVED OF
,sr TELEGRAPH 10 THE TnIBUSk.I

GETS BACh The SEAT
WAS DEPRIVED OF.
,sr TELEGRAPH 10 THE rnIBUSkI
r,.nton. " j., Jan. l3.-The Legislature of New
,.,,.v organized under Democratic control to-day and
s'.rsiizsd its accession to power by act OF un-
.ileled audacity. This amazing misuse Of partisan
LIVER was the unseatng OF senator stuhr, OF Hudson,
10 had been declared by the Senate last May to be
en-. LEGALLY elected senator from Hudson In his
,.s. was put the man whom the Senate had declared
= he without title and who had been cast out for
The manifold frauds IN the Hudson election. The
,sve-ssl of the last senates deliberate judgment was
made within three hours Of the organization Of the
usv senate, and the resolution was carried by the
votes Of new Senators who had never heard word
q, the testimony. and >r,hout a serious attempt to
mate the for the Democratic side.
No sooner had the organization been completed than
SENATOR werts the Democratic leader, presented a
resolution resembling the action of the last Senate and
declaring Edward F. Mcdonald the Senator from Hud-
son. Senator stuir independent Democrat. who had
been seated by the Republican Senate after
the exhaustive investigation into Hudson
county frauds year ago. was in his
scat while Mr. Mcdonald, regular Democrat,
anticipating The Senates action. awaiting results
in the House. The presence Of thirteen Democrats,
seven Republicans and one Independent Democrat
having been duly asccrtalned, and the Senators
having been sworn in, the struggle began. 1t was
known that the Democrats had resolved upon this
desperate measure, but it at least supposed that
they would offer reason that would be In the
nature Of palliation But the resoluto
was handed in and but for the protest made would
have been passed without a word. senator stuhr,
however secured the floor and spoke for upward
Of an hour. He d!not attempt TO go into the details
Of the frauds which had made Hudson County elections
a by-word ana a reproach he said he was Democrat
stood by Democratic principles. but when he found
rs party being debauched. he called for halt. The
case which the Senate asked 10 decide again
was beyond jurisdiction; ii adjudlcata and
could not again be opened. lie then proceeded to
ouoe from the speeches Of Senators Carpenter Cameron
Thurman and Others in the famous OF Kellogg,
OF louisiana and to show by other authorities in various
states that when the title Senator's seat had once
been challenged and judgment had been passed upon
II. il could not be legally reopened and that II was
res adjudicsta The resolution was In fact an at
tempt TO reconsider a resolution which had been
adopted by a previous Senate and was as void IN
parliamentary law as il was indecent in its haste and
injustice.
Although the galleries were packed with Hudson
Countv heeers senator Stuhr was repeatedly ap-
plauded The presiding officer Senator Adrsin, checked
these cheers, while permitting the heeeTs TO yell aS
loud as they chose. senator Werts made brief ana
confused reply to Mr.. stuhr claiming that there was
no such thing as res adiudcata in parliamentary law.
senator Gardner. the Republican leader, made
calstc speech. The right OF senator Mcdonald had
been CHALLENGED he said when the Legislature met IN
january 1890, and for three months an investigation
had been pursued long and laborous Three thousand
IL res of testimony had been taken. every page Of
which reeked with the evidence of crime unparalleled
in political annals The judgment of the last senate
had been deliberate and carefully considered, and
under many constructions Of the constitution ana
by all precedents il final and conclusive There
could be question Of this fact for 1t was the settled
law He did not know but that there might be some
f1to f.gtC v-hn
might honestly believe that justice would be done by
unseatns Mr. stuhr whatever the constitutional and
legal objections; but he knew with every certainty
that there a criminal who shared In the frauds
In the eighty polling places of Hudson where nauo
was found who would not cheer at such an ACT aiu
that far and vide the uhSeang OF Stuhr in favor OF
Mcdonald would be regarded the victory OF the
political criminal as the cOndemning by the senate OF
unprecedented crime against the franchise
Mr. Gardner spoke with much feeling. but the
Democratic Senators were unable to reply, or did
not care to prolong the debate, ana the
y,te was taken forthwith The resolution rescinoine
the action of the senate Of 1890 and declaring Nc
nona,b senator was adopted thirteen Democrats
voting yea and seven Republicans voting nay
Mr. stuhr. did not vote Immediately upon
the announcement Of the vote, President Adrsan
directed the sergeantat-arIns TO nOuiy ue
senator from Hudson" to take his seat, anu
Mr. stulr Immediately vacated his chair. Mcdonald
dramatically and told to take his seat while the
p. lleries crowded with his Hudson County sup
porters cheered. lie will occupy the seat until
March a. when ne will resign 10 take his seat in Con-
gress.
10th houses organized quietly enough with the
following officers
The Senate-President, Robert Adran, Of Middlesex
secretary John Carpenter, of Hunterdon; assistant
secretary samuel c. Thompson. of Warren; engrossng
clerk John j. Matthews. Of Union; assistant en-
crossing clerks j. j.. Flynn, OF salem, and james H.
Madison. of somerset; sergeant at arms, George n
Coleman of EsseX assistant sergeanat arms, Michael
Nathan. of Hudson journal clerk. William Pntard'
Of Monmouth; assistant journal clerk Thomas Hurh'
Of Gloucester: bill clerk James Edelman Of Passsic
assistant bin clerk William J. Lowe. OF Mercer door
heepers-JOhn Van BussOn, OF Bergen; j. Iiayter OF
Middiesex. William Beekman, of Essex, ana Il. a.
Ccoeau, Of Warren.
The House-speaker James j. Bergen. Of Somerset :;
clerk Thomas NJ. NOOnan, Of Hudson; journal clerk
william :. Naughright Of Morris; assistant journal
cl.rk Frank l.. Jones, OF Burlington: sergeant-at
arms, William Harrgan OF Essex assistant sergeant,
at arms E. z. KOrp. Of Warren. and John Fee. OF
Middlc,ex: bin clerk. John Thompson, Of Passaic ::
cDgrOssng clera. John : Demitt. of liunterdoni as
lie hcgablcais oil tie senate voted for senator
Leaning for president and Wilbur A. Mott for secre
tar while the House Republicans voted for Robert
Williams Of Passaic. Tor speaker and W. H. Moses
- The House Democratic caucus was long and stormy
BERGEN was nominated over Mullone by vote of 70
10 - The GusrTelling however principally over
tie <eecton OF pcfty dOOrlJeepers ON assuming the
chair In the senate, President Adrain astonnded nus
hearcr, by lOqu4ciOus TAX. IN which ne n5h0u!S -
the Election biI pending in Congress declared thar
Governor Albeit would cnlghten the tax question:
and praised senator Werts TO the limit Of his vo
csgulry resolution IN House, protesting against
tho Federal Election hill introduced and made inc
special order for toInOrrOW Governor ADoetts LOn5
message was not read In either house printed copies
OF n being distributed TO the members Both houses
will hold sessions tomorrow.
GOVERNOR ABBETT,S MESSAGE.