New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-18
A SENATOR WITHOUT A VOTE
Mr.. sAxroN on THURSDAYS PROCEEDINGS.
THE ABsURDIrY OF rUNIsHING A MAN FOR NOT
VOTING on BILL ALL KN0WLEDGE
OF wnICt is REFUSED HIM.

IBY TELEGRAPH To THE TRIBUSEI
Clyde, n. Y, Jan. 1.-THE voters Of this SEN
| ate District which comprises die counties VI
Wayne Ontario, Yates and Schuyler, denouncs
Indignantly the action of the Democratic major
ity in the State Senate on Thursday in de-
priving of his vote in that body Enator Charles
T. Saxton who represents the district, because
he would not vote upon bill which was intro
duced suddenly and which no one but the man
who presented il had ever seen. The taxpayers
Of the counties in the district have large amount
of legislation at Albany which needs attention.
and they do not relish the idea of thus summarily
being deprived OF the services of their Senator
As taxpayers, they were interested peculiarly in
the Enumeration bill, which Mr.. Saxton declined
to vote upon without learning the amount OF the
States money it appropriated, and they therefore
heartily approve of his action, the Democrats as
well as the Republicafs<sxE
Speaking about his exclusion from the Senate
to-day, Senator SaXI0n made the following inter-
esting remarks
The contempt proceedings now pending in the
Senate against myself and my brother Senators
Erwin and O'Connor, are based upon Rule IA.
which reads as follows:
Every Senator who shall be within the Senate
Chamber when question is stated from the chair
shall vote thereon, unless he shall be excused by
the Senate, or unless he be directly interested in
the question:
That has been a rule in both houses Of our
Legislature, and other parliamentary bodies from
time mmenorial. This is the first time, so far
as | know that either house has attempted to
enforce it by threats of fine and imprisonment
In fact it has always been practically dead letter
Nearly every Senator Member of Assembly who,
in recent times, has served year in the Legislat-
ure has violated it time and again. Not day
l,,+ <l,,tr aDr1ty
every member of each house declines to vote upon
some measure without even asking to be excused.
The obligation to vote upon every question does
not depend upon what the presiding officer says
or does but upon the rule itself; and therefore,
| every time Senator who is in the chamber does
| not vote upon proposition without Deins
excused, he dSobeys rule OF the Senate. nave
seen the present Lieutenant-GOvcrnor when he
was leader of the minority in the Assembly on
many occasions direct his followers not TO vote
upon certain questions in order TO prevent a
quorum and thereby obstruct the business OF
the Assembly. The Republican majority never
thought Of demanding that he he punished Tor
contempt When Thomas b. Reed was Speaker
of the National House of representatives and
the Democratic members with the avowed pur-
pose of obstruction, refusing TO vote ana
playing their fantastic tricks before the Amerl-
can people there was no attempt 10 punish them,
although there is 10 doubt that tie Republican
majority had full power 10 do 50 under general
parliamentary usage, which, as Nj. Sheehan said
last Thursday is as old as the ages. When David
B. Hill was President of the Senate, he couhcd
a quorum before Thomas Is. Reed ever tnought
of doing so but not even David L. Hill. although
| he is not supposed TO he very slueamish, con-
ceived the idea at that time Of sending Senators
| to Jail for declining to vote. Mr.. Sheehan says
he is afraid by following Senator Hils precedent
he would attach a faint of illegally To thc meas
ure, because that question Is now pending oeioic
the United States Supreme Court; but he cer-
tainly knows that that court cannot declde any
question relating TO the powers OF the New-iorN
Senate or its presiding officer iii such a matter.
do not find fault, however, with the rule
or with il, enforcement Under proper Conditions
because it is the duty of every Senator 10 atteha
10 the business before the Senate and vote lor
measures which he has had opportunity 10 cN-
anime therein. But the Senate Is now Ill pc.
culiar situation. Only six rules out of the hfty-
four that have heretofore regulated its proceed
ings are now in force Having adopted these
rules and contrary To all precedent in this State,
having refused to adopt the other rules that nave
heretofore served 10 explain and modify them,
the Democratic Senators con do just about what
they please When a body of rules has BEEN
others. and when "A half-dozen of them are taken
AWAY from the Others and sought to he enforced.
the result will naturally be confusion and in
iusticp The Democratic Senators have done just
that thing They have refused so give the minority
rules which have always been conceded for the
protection of their rights. and have only put IN
operation those which will enable them To carry
out most effectively their arbitrary proceedings.
In the past certain rules have secured order and
elaboration in the transaction OF legislative bus-
ness Others have provided for methods by
which every Senator could advise himself Of the
contents Of bills that would be presented for his
action. For example, the rules have always re-
quired that every bill should go 10 a standing
committee and be considered in committee of the
whole, and that no measure should come up for
final passage until it had been printed and en-
crossed Those rules are not now in force. IL
they had been, any Republican Senator could
have prevented the consideration Of the Enumera-
ton bill until it had been printed and on tho
files, but the Democratic Senators refused 10
give us the usual facilities for obtaining informa-
ton, and withheld from the usual safeguards
against hasty and -consid nred action, and then
persisted in adopting and enforcing n rule which
required TO vote upon every proposition under
penalty OF severe punishment.
when the Enumeration bill was brought be-
fore the Senate Thursday morning | was amazed.
The day before Mr.. Roesch chairman of the Com
mittce on Judiciary, informed me that there
would be meeting of that body - consider that
very measure. Soon afterward he told me there
would bc no meeting of the committee because
General Mcmahon, one of the members. could nos
be present. | naturally inferred that the
bill would not be taken up until tho
following week, and then expected to give it
nv careful attention. | had seen IL or
heard any statement of its provisions. was
unavoidably detained from the opening session.
when il was introduced IL had never been
printed or considered in any way by the Senate or