New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-04
SELECTIONS From THE MAIL.
CAN FRN'D BE DEFEATED?

no the Editor Of The Tribune.
Sir. The Democrats have stolen two seats III
the Senate The decision by the Court Oh Appears
was natly disrcgardcd by the Board of CanvasSefs
in giving the fraudulent Dutchess County returns
full effect and in declaring the election oi
Democratic Senator in that, the XVIII District.
This Il an outrage so palpable that it Will not
be defended by any decent man. Inc decision
that more than 900 voters are to he dlSilaH-
chsed in Onondaga County because Dallo's hau
bcen by mistake wrongly distributed so that
they bore the wrong Endorsements printed on lhe
back. was not sustained by one Democratic Judge
nor by the Republican judges, and is pronounced
even by many Democratic journals an extreme and
unwarrantcd straining Of the law. but it gives
70 the Democrats the certificate in the AANth
District In the case of Mr. Sherwood the
Rcpubcans who nominated him Notwithstanding
his possiblc disqualification took risks which they
had no business; to take, and though they were
supported by legal opinions and are now sup
ported by two Republican judges OF the Court OF
Appeals: they have themselves to thank for the
fact that the Senate, when organized, will I'M
doubtedly seat the Democratic candidate But
in two cases the deliberate decision OF majority
OF voters has been defeated by Hill and his
tools, and two seats in the Senate have oecn
already stolen.
this great wrong if the Senate should meet with
q quorum present The instant quorum is as
ccrtaincd the sixteen Democratic members will
seat Mr. Walker the Democrat from the XAVllth
District thus obtaining seventeen votes, and with
them the power 10 hold in the seats fraudulcntly
obtained the defeated Democrats from the ANth
and XVIII Districts But if no Republicans
take part the opening OF the session, the sixteen
Democratic members will not constitute n quorum.
and the Senate cannot be legally organized. This
would give time to resort 10 the courts in the
Dutchcss County ease. and 10 ascertain whether
the decision OF the Beard OF Canvasscrs in defiance
of law and Of judicial orders can have validity.
II is o. this ground only. and for no other pur.
pose that some Republicans Justify refusal OF
the Republican Senators elect 10 take part III
organizing the Senate. They reason that a delay
Of some weeks would be of infinitely little harm
e. the State compared with the evil consequences
Of success in stealing a majority in the Senate.
They maintain that the courts mnst be able DS
some process 10 give force and effect the orders
already made which required the corrected re-
turn from Duchess County to be delivered. and
which enioincd the Board Of Canyass,rs from act
ing in the absence OF that return. Whenever the
merits Of the case can be tried, they believe the
Democratic claimant who was defeated in that
dist riot can b. prevented from taking his seat,
and without majority of Democratic partisans.
ready - defy All law in order 10 secure IA party
advantage, the Democrat in the XXVIlth District
cannot bc seated.
Under ordinary circumstances. refusal OF Sena-
tors 10 take their seats and constitute a quorum
would I've entirely uniuStGcd. Even If crime and
fraud had defeated the will of the people, il there
were no possible remedy rmnininC. there might
be grave doubt whether legislation should be
blocked rs mere protest against the wrong. But
if there j. possibility Of defeating the conspiracy
against self government even ~ this late hour. by
ahstaluinL from participation in The Senate until
the courts can act. the Republican Senators will
undoubtedly he sustained by public opinion in
that course. Yours g. W. NJ
New-lork. Dec. 30. 1891