New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-22

nrnclple 4, becomes az once nantes NAV r ~
sc@rccy possible 10 maintain successfully me pr"io
s, ,bt /, is not the entire body o. Senators hn'
only class Of them wh2 s snIy 70 'i"' ''''
TUrRr MUST re FULL SENATE
IT,. inheritance Of that function strongly rep"ls
such n theory Organization involves the comi"s'-
ton Of body organized and consequently u N,
wolves the right Of the counties 10 rat"''P"' - "
decision Of the all-important question "h'n ~
them shall be represented In the holy. anu y, -" ,n
OF them shall be unrepresentc1 II Gems 10 M ny
ma IN IT,. ronroscI Of one Senator from each
county cannot be reasonably ehioicei 'N',p' -
the adoption OF the hypothesis that rnI ib1t
shall have voice In az thc pro roI ~ WEN
result in the composition OF ne pody ts.ic :" ,hr
therefore on the Occa don That gave ire !" ~, ~.
sor; Controversy II was asserted that one-third
~ y, ~ mo counties Of the state should be excluded
from 81 snd affcctng so Intimately the in
tercsts OF the entire commonwealth. 40, h al
rcasonabe Foundation unless it can be made plainly
manifest from the provisions OF thc IiIu''S . -
our o,a" number Of the Senators chosen by the
counties shall have absolute ascen .,,y ho nntIccd
in RAISING not only antagoristlc TO the lhhs iI
and spirit Of the constitutions ~ tbat
great findamentai law underlying all our ns' ~
lions that II is the WIN o' x fne asser.s that this
AXIOM which may be called National IN ils cnai
s p,onos,,on and must prove concusively for
every legal ntendment Will, prior' DE aRa''s' "'
II not TOO much to say that with regard to
the transaction before us this cannot be done ex-
eerc,,ons 81 the Constitution in which the alleged
he,crodoxy is to be found unambiglousy written.
That this was not done by the counsel arguing be,
fore us in favor OF the doctrine that In the all
important anair OF organizing the state senate
/, is the minority and not the majority tnat snaii
r,le ~ conspicuously manifest from the fact that
The only constitutional clause that was reIied upon
was The one that distributes Senators into classes
hui as It has appeared that such clause IL Just as
applicable TO the superstition OF an annual Senat,
as II is to that OF perpetual Senate II Is manest
that reference that section Is altogether futile
PLAIN REQUIREMENTS OF THE CONSTITUTION
Rut while this was the only citation relied on
for the purpose OF proving the existence In this
state Of an everything Senate, my examination
has led me TO the discovery that others exist that
cannot in my opinion be reconcied with the doc
,rne contcnged for. The first provisions OF the
class indicated are those clauses Of the Constltu-
ton which to all appearance provide for yearly;
organization OF both the Senate and the House OF
Assembly In this respeft 'nn sbiec,cd 10 the
same regulations. No express power 10 oreahize
arr impIicatlon il belongs similarly to both.
The Assembymen and Senators are required oei 10
meet Yearly at an apVp', ,bo ola class has The und.
putcd right to take part In the organization, ana
il would certainly seem to follow mat fach Whe
the power to organize Is merely legal intehd-
ment the power consists IN rgnt h ~ ex
cudes the notion of minority ruling In the trsns
action. In the OF the Assembly H. ~ almitten
that the organization must be effected IN accord
ance with The usual modes in that affair IT is
not pretended that there can be any dominance
~ a mincrIty IL does not appear therefore. how
II can be reasonably maintained that me Sena,e
in exercising this important function shall be sun
icced to an abnormal condition, and mat IN its
use there shall be dominance OF the minority
The organizing power OF the. Senate being derived
in its totaiity by legal implication, 1t appears to
be plain that the law will not imply regulation
thai would be both unusual and unjust. -
The next provision to which reference WI, De
II is to be found In paragraph OF Section l. Ar
tcle ". IL is thus expressed; A..
members OF the Senate and General Assenlo,
shall be elected yearly. and every year on me mrs
Tuesday of November. and the houses shaIi me- M
separately on the second Tuesday In January mex
after the said day Of election. at which time o.
meeting the legislative year snail commence
DAY NAMED FOR ORGANIZATIONS.
This clause is significant with respect to the SUD
fec, we are considering In all It's parts Its irst Cd
servabIe feature being that 1t appoints day 10
the organization Of both legislative houses. I'M
purpose for the meeting on the day specified canho
be doubted; indeed 1t never has been doubted; !