New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-03
CLERK KENYON ENJOlNED.
JUDGE CLUTE OBIIGINGLY ASSISTS The
DEMOCRATS.
SENATOR sAXToy UPsETs THEIR cALCOLAlio"'
HY CALLING THE ROLL HIMSELF AND
SENATOR woLFERT TAKES PART IN
TIE DELIBERATIONS ISAAC H.
MAYNARD Is MCAR
TVS COUNSEL.

90 intensely interested in his last case OF criihd'
practice Of this nature that he became a 'hiei
himself stealing the DutChess County eiec'ioh
returns The people pronounced Judgment upo"
him last fan by removing him from the court
Of Appeals by a hundred thousand maJoi''y'
Since then he has opened a law ONCE III TINS
city i'm company with eX-Judge Gilbert oil INC
Supreme Court and has again begun the prac-
tice Of his profession.
And now Mr. Maynard has gone back to the
business which made him notorious all over '''S
state This time he is attempting 10 save JON"
Y McKanes Senator. the man who was lrauu"-
lently elected by the repeaters ana e'eo"o"
thieves Of Gravesend. Mr. Maynard taxes up
the McCarty case upon the invitation OF I'll"
ian, j. Sheehan whose lieutenants attempted
+, svindle the people Of Buffalo out Of their
rights at the polls at the late fall election
Mr. MAYNARD as ex-senator McCarty's counsel,
appeared before J. H. Clue. county Judge OF Al
bonv County. this morning and applied Tor an
Injunction restraining John s. Kenyon. the Re-
publican Clerk Of the State Senate from s'rIhl"s
from, the roll Of the Senate the name OF John
McCarty alleged still TO be Senator OF I''''''-
inc from calling his name Mr.. Maynard read to
Judge Clute an affidavit signed by John McCar'S'
ra,ting the fact that in yesterdays session OF the
Senate
Senate and had thereby done him much injury.
This was the rolcall. undoubtedly by when 'he
eighteen Republican Senators and the lndepeh'-
ont Democrat Mr. Bradley, forming a majority
IN the Senate adopted the report OF the COM
n,it,ea on Privileges and Elections unseaths
NcCartv and giving his place t. Henry NoHer''
Repubcan. Mr. Maynard asked Judge cIu'e 10
throw a big legal net Of an injunction over Johh
: Kenyon. restraining him from any further IN
furious calls Of the roll disclosing the TACT that
the Senate no longer considers McCarty MEM
Der OF the body.
Mr. MAYNARD asked Judge Clute TO assume
great authority The Constitution makes INC
Legislature the judge OF the qualifications I'll
its own members 1t had acted upon mat
authority had judged that John McCarty was
DISQUALIFIED to act longer "a Senator from nav
ing been elected by fraud and had eAleHeu MN
bv a majority vote. Yet Mr.. Mayha'u "sN'.
rudee CIu,e t. grant ar order upon the clerk %
the Senate to continue calling the name OF 'on'
McCarty az Senator
The "IIon Judge Clute' Il laughed NJ as Il
lawyer I'm Albany. He IL regarded merely AS "A
Dogborry whom politics has lifted To the h'"'"'
Last fall he was In serious doubt whether pc
en-. repis,ercd from vacant lots I'm Albany should
have their names stricken from the I'riaV'
ZION rolls Later he amused the lawyers 81
49,, he stricken from the registration ruiS,
although the owners Of houses declared tha,
these r.peatcrs had not lived in them Tor 'wrh,v
vears-Judge Cluie -guing l"Ep'TTF VIZ wa
.t,. ,,,i.,bt ,,,ssi h.. soldiers or sailors. ana
T. rested upon the prosecution to PROV" 'ili'
tb.v were not Judge Clute's legal MIMI 'h'Ir
f,r. e,w no objection To- Isaac II. MAYNARD
suggestion that he should attempt T. put thr
Stote Senate ana its clerks in legal irons anu
rompel them to recognize McCarty as senator
Judge Clu,e accordingly signed the lhJ"h'""n
tod tn
T'h. order that he signed Is ~ an aiHaHinE
cbaract.r II virtually asserts the right ~ any
petty county judge In me S'a'r L" say W '''' W.
state Senate and its clerk shall DO Inc oiuer
Is as follows: ,, ,,~.,, ~ +,
the defendant his assistants. clerks ana rihpoy'sS
be- ana he and they Zach hereby restrained anu
cnjoined during TIE penIenGy OF ,n,s
the senate and from taking any vote or ealing can
| The roll OF the Senate upon any motion ap1''l OF
resolution. and from announcing IN" rS"t vi ni, r
! ron call Of the Senate upon any notion aptoas' o
| 70 10 bv the presiding officer OF the SENATE or
except when such motion aIpeaI or th. oresti,
ing officer and the defendant has been directed by
him to call the roll ana snnounce, me V2n ih
| name OF piantln as Senator from the vim Sehi
ioIia III, u Of he pianiff as such senator when
Calling the roll 81 senators and from placing upon
Scnat"r from The With Senatorial District. until IN,
pr~si'iing officer OF the Senate shall have heclhrs
sai1 Wolferi to a seat therein and from IN, calling
the name Of said Wolfert as senator rom III, Ss
dis,ric until a resolution Of the senate emitting
him 70 a seat therein has been declared adopted by
| the presiding officer or the senate
| This Injunction order was served upon John
G KENYON about five minutes before the time
appolnted for the Senate to meet He took II
TO Senator Saxton at once. Ldeutcnant-"oV'
ernor Sheehan also walked over to Mr. sax
tons desk. Mr. Saxton glanced through Inc
,arers hastily. and then said: Mr.. Sheeban
ala fn 40 uh "A
they pIease. You are the Senate not the Senators
who vote in this bo1y. l shall advise Mr.
KENYON to respect this injunction until We have
had \ chance to look into the legal features Of
this case. but have little doubt that this In
function Is not worth the paper upon which II
is written | don't think any petty county
| Indigo can tie up a legislature and direct wha
| Il shall do or not do
| Clerk Kenyon went to his desk and Lieutenant
Governor Sheehan called the Senate TO order
! Then began the reading OF the journal Of yes
terdav's tcmpestuous session Senator Cantor
moved to strike from II every statement which
showed that Clerk Kenyon had called the rol
upon the motions which led up 10 the unseatini
of McCarty, and also moved that the recor'
Of the vote expeling McCarty be expunged
Lieutenant Governor Sheehan then ordered :
rollcaIl Clerk Kenyon said thatx1se had beef
enioined from ci.ling the roll by an Injunction
from Judge Cute ,'
81 will call the roll" said Senator Saxton
calnlv rising in his seat. The Democrat
looked appalled, by Senator Saxton's announce
ment
"By what right?" asked Northumberland
Sheehan.
"By the right Of any Senator to call the rol
when the desk is prevented from doing So" re
piled Senator Saxton.
Nobody but the clerk has the right to cal
tho roll" shouted Mr.. Sheehan. now thoroughly
alarmed by Mr. Saxtons firm stand.
| Cannot the Senate at any time recall iron
| tho clerk tbe powers with which IL has en-
dowed him." asked Senator OConnor.
: "'rhe clerk. under the Injunction. said Lieu
terant-Covernor Sheehan. "can only call TN
roll when directed to do 50 by the presidin
officer" ,>,.
"Iniunctions" answered Senator OConnoh