New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-20
ASSERTING THEIR RIGHTS.
SENATOR'S SAXTON, ERWIN AND O'CONNOR
BEFORE The JUDICIARY COMMITTEE. !
EACH ARGUES THAT Ills REFUSAL TO VOTE OK
THE ENUMERATION BILL WAS NOT con:
TEMpT-No ACTION TAKEN-HILL KEPT
ADYI-ED OF THE PROCEEDINGS.
lBY TELEGRAPH TO THE rR,BuyE.t


ineton kept busy tonight by Senator Cantor and
William +. Sheehan who asking David b. Hill
. FOR instructions to what they ought to do In the
contempt cases, through which subteruge three Re-
publican senators have been deprived OF the rights
given to them by their election, and three Senate dis
tcts have without representatives since Thurs
day last. The reasons for this recent communication
with the Governor de facto OF this State the amount
of criticism that has been made upon the majorty's
action In choking OFF the senators, and the light which
shed upon that action by the arguments made by
the senator's themselves this afternoon at the hearing
before the Judiciary Committee, to which the alleged
contempt proceedings had been referred.
\ majority OF the Democratic Senators more
than anxious this morning TO 90 to the fullest extent
In using tho brute power which the possession OF
seventeen votes gives to them to punish Senator'S Erwin,
SaXton and o'Connei, either by imprisonment by
expulsion from, the Senate. This feeling plainly
demonstrated at the Democratic caucus. which was
held before the opening OF the Senate this morning:
and the Democratic members OF the committee before
which the three Senators had been called really In
tended to make the hearing purely formal affair,
that IL could be said in their defence that they had
given the serator5 opportunity 10 be heard.
Senator McClelland took the lead In proposing
the extreme measure, and ably seconded by sen.
ator Cantor Both these Senator'S members OF tha
committee that really had to try the case. There
fore, the Senators put In the position Of going
before jury the controlling powers of which already
had decided against them.
Besides determining, t. the satisfaction Of oil fair,
minded men, at least that the Senate had acted with
undue and malicious haste in c0ndemning and punish
ing men before they had been either tried or heard
in their defence, the hearing showed that 0no
OF the three Republicans who had been deprived Of
their rights was in any humor To depart from the
position he had taken the day he refused to vote
against measure that he might favor, vote for
measure Of which he knew nothing. The three SEN
distinctly stated, In addressing the members Of
the committee, that they did not appear suppncants
and were not asking for favors. All they wanted
justice for themselves and their constituents.
The committee met at 3 80 o'clock, in tho Sen.
ate Library. The only member absent SEN
atOr Bloodgood. sheehan did not dare allow
ths committee of itself conduct the proceedings, but
when knoty point arose he would call Senator
Cantor into the corridor and instruct him what TO
do. Both senator O'C0nn0r and senator saxton are
members of tho Judiciary Committee, and, while they
did not ask to be allowed TO take part In voting on
their own cases. Senator MulIn, the remaining Re-
publican member of the committee endeavorei TO have
them recognized active members Of the committee
This proposal senator Cantor opposed vigorously lie
declared that the Of the senate declaring the Re-
pubcans in contempt also deprived them Of the rght
to take part any proceeding In connection with inc
senate.
on thi, question General Mcmahon and Senator
Parker exhibited tie first bit of independence Of party
rule that yet has been in any one OF the Demo-
cratic senators. OF course McCleland sided with
Cantor. The vote the question Of calling the names
Of senators OConnor and saXton was tie; but tho
chairman Mr.. ROesch, decided the motion to be LOST
Then senator MuIlin moved that the two Senators be
allowed to participate in the deliberations Of the conf
mlttee all matters They were members OF ths
committee, he argued, ard there no law that wo'd
support the position taken by Cantor, that they hai
been deprived Of the right act with that committee.
To do otherwise than permit them 10 act would bo
nm utPlrp he CNallNn
ton to this remark, ard ntmated that The Senate was
tired Of hearing stump speeches Ii may be timely To
remind the General that in committees the utmost
liberty OF debate usually is allowed.
senator Coggeshall, who rppsented the three Sem
ators. here tred 10 make argument in favor Of
admitting them to full participation in the deliberations
Of the committee; but he was stopped by the chairman,
who wanted to know by what right he appeared there.
Mr. COggesha said that he appeared first a senator
of the STATE and, secondly the representative of
the three Republican senators who had been slenced.
He was allowed TO proceed and he told the committee
that the men he represented would hold that the III .h-
handed action OF shcchan backed by the majority of
the Senate illegal and unjust. This act
mitted without even allowing a protest TO lie maie.
The Democratic members Of the committee all voted
against allowing the Republicans to exercise their
rights and again the Republicans debarred from
performing the functions for which they had been
elected.
senator Erwin made the first argument for the Re.
publican side Of the lie pIefaced his speech by
saying that h did not come thcIe a supp!icant
or a. a menia. lie there as the representative
OF 10 900 people who were without representation
on account Of the action Of the majority in the senate
on last Thursday. 81 will not charicterize iha'
action he said, let the people do that lie added
that it always had been his purpose TO uphold the
dignity Of the Senate and To vote on all measures ac'
cor-ng TO his best knowledge. Because he Lad re-
fused to vote bill the contents Of which he was
bo had bplu
cared in contempt Il now call for the law and tho
rules that case and may prove that your action
Illegal he added, at the same time glartus at
Cantor, who had gradually been getting out Of slShs
in his big armchair. " do not. for one moment, adms
that the proceedings were either legal or lawful
Here Mr.. Erwin read article Of the Constitution.
which declares that bill on.a third reading must ba
cad for the last time Immediately. and declared
passed by yoa-and nay vote. The rule under WHICH
he and his associates had been declared in contempt
cnly provided for the questions which were stated by
,he presiding officer. The action Of the senate In
ordering the Enumeration bill to a third rea1ing maze
il compulsory the senate TO vote on it, IL thero-
fore not Il question stated by the presiding oMcer.
At the utmost all the Republican senators were guilty
Of breach of order, and there was no provision
for punishment for that in the rules that had been
adopted.
Then the Senator took up the action OF the
Democratic members of the who in the session
OF 1854 refused to vote the state Prison
bill They were not punished for contempt bus
the presiding officer a that time counted them as being
present, but not voting. Also In 1887, the Demo-
crls refused to vote on the Constitutional convention
bill, but they not punished for contempt Tho
Democrats, when in the majority he continued
want to put the Republicans In jail; but when
they are in the minority, they want 10 raise all the
fuss that they can, without binS punished FOR II.
II felt that | IN contempt. would apologize,
but II | felt that In the highland God knows
that | am right in this case-I would not apologize TO
any power but would suffer in Jail You have 10
rules to punish under. Your Rule ii does not
apply to this case
senator SaxtOn next took the hoor. Here IS what
he said in part believe il Is unnecessary for
me 10 deny that have been dsorierly l say that 10
nv Judgment / have disobeyed the laws of the
Senate and never will do il, II am able to obey
nv conscience. | always act according to my con-