New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-05
CLUTE TO BE ARRAIGNED.
THE REPUBLICAN MAJORITY IN THE SEN
ATE WILL MAKE AN EXAMPLE OF HIM.

CALLED TO ACCOUNT FOR CONTEMPT
OPPOSITION EXPECTED FROM sHEEHAN-
TIE CASE WITHOUT PRECEDENT.
Albany. Feb (SpcciaD. -There was conserna-
ton among the followers Of Lieutenant-GoV-
srnor Sheehan to-day when they learned through
the New-York papers that County Judge jacob
II. Clute was likely to spend few months III
ia because Of his Interference with the senate
Of this State. Albany County people nave 50
long believed that man who occupied place
the bench Is supreme, and always does 'he
right thing. that the knowledge OF the existence
Of a power within the Senate or the Assembly
to punish man who steps in and interferes
with its proceedings has come 10 them as SORT
OF revelation Judge Cute is only an incident
now In the question which has been forced upon
the majority of the members of the Senate Of
this State to determine once and for all. 1t is
not the intention Of any one to punish him
merely on account of himself but it is the in
tention Of the members OF the majority to pun
ish him. and TO punish him severely for what
he has done, so that IN future political judges
will know that when they interfere with either
branch OF the Legislature trouble for themselves
is likely to follow.
1t has been said that Judge Clute may 60 away
and thus place himself where he will not be able
personally 10 receive the punishment when MS
interference merits: but there are others VINO
took part in that proceeding, as advisers and at
ioTneys. who may he considered to be equally guilty
with the county judge. Among those men is eX-
Judge Isaac II. Maynard. 1t is understood on
the best authority that Maynard and those who
were associated with him in the effort to delay
the progress of legislation in the Senate made
several attempts to get a Supreme Court Justice
TO issue the injunction restraining the Senate
Clerk from performing his duties, which inJunc-
ton the county judge finally granted and which
attempted to set aside one of the constitutional
prerogatives of the Senate-the determination OF
the election returns and qualifications of its own
members. IF such proceeding as Judge CUTE
should be allowed to stand precedent pop
ular elections would become an absolute farce.
1t is understood that all the Supreme Court
Justices Of this district applied to by Mr. May
nard and the other men who were trying to pre-
vent the unseating of the man who represents
John Y. McKane in the Senate, and vino was
elected by the fraudulent vote cast in Gravesend
and In Castleton Richmond County took much
broader view Of the situation than did Judge
Clute, and refused absolutely to have anything
10 do with the papers.
JUDGE CLUTE AND THE REPEATERs.
AS a last resort, and with as desperate resolve
to prevent the seating of the legally elected Sen
ator In this instance as Influenced him TO steal
the election returns two years ago to prevent
the seating of another legally elected Senator
Maynard went TO a county judge man OF
whom the State has heard before. 1t was TINS
Judge who gave the notorious decision last falI
under which the names of several hundred re-
peaters were kept the registry lists. THESE
men registered from vacant lots. from work
,,hops and barns; but when application was made
10 him to have their names stricken from the
lists he gave an exceedingly ingenious decision
which, it is rumored thought out by a
Justice of the Supreme Court. who is said 10
take an active part in politics. This decision
maintained that the men whose names were
fraudulently on the poll lists might be soldiers
and sailors Of the United States who were absent
on duty and who originally lived in places which
now might be vacant lots Under that decision
Albany County gave a majority Tor the Demo
cratic State ticket Of more than 9OOo. II Is ,, Ne
wonder. then, that Judge Clute imagined IKE
Congressman Tim" Campbell. that the Consti-
tuition was nothing between friends
1t is now understood to be the determination Of
the Republicans In the Senate to settle this ques
ton Of contempt before anything else shall be
taken up. Unless this be done II VIII not Dc
known when the Northumberland Will rush
out to some friendly judge and secure an injunc
ton restraining the clerk from calling any names
except those of the Democrats. or RESTRAINING
members of the Senate from voting at all. Il
the clerk of the Senate. who is only servant o.
that body, can be restrained from carrying on
the orders Of the Senate, then legally elected
member Of that body can be restrained from
voting therein. That proposition. OF course II
as ridiculous as the original one that the clerf
could be prevented by an injunction from doint
as the Senate told him to do.
AN EXAMPLE TO BE MADE OF HIM.
In order that there shall be no misunderstood
Ing Of the situation in future and that judge:
may learn that the Legislature is something will
xvhich he r,ost daring Of them cannot interfere
so long as the Constitution remains as 1t now Is
the Republicans intend to make example o
Judge Clute II he away or avoids arrest
he personally will escape the punishment Il
which his own desire to enter into politca
scheme to undo the will of the people has made
him clearly liable but such record Will be lef
on the journal OF the Senate that hereafte
judges will think several times before they blind
iy sign papers presented to them on the assump
ton that some one politically opposed to then
may be "put in a hole thereby
This Is the first time that question OF thi
sort ever arose in this state. for gang OF poll
ticlans Of the nerve and audacity Of Sheehan an(
Maynard never before so largely controlled th'
actions of judges. The records Of the Legsla
ture show 10 similar situation. and those VIII
have been looking into the subject In the las
few days say that in no other state mas siniia
condition arisen. on that account the question
IL one which will receive the NOSE careful al
tenton from all Interested.
There Is no doubt in the minds Of those VIII
are responsible for the do!ngs Of the Republican
majority In the Senate that Clute Is painl,
guilty u contempt, nor have they any DOUBT o
their ability by majority vote to punish mn
as he deserves The Leutenant-Governor vii
probably attempt to delay the punishment OF In
man who has got into trouble by bnndly follow
ing him. but with the closure rule in the Senate
and with a man with backbone like Senate
Saxton TO stand up for the rights and privilege
OF that branch Of the Legislature the sentenc
will be pronounced and executed 1t Is possible
that the resolution calling Cute before the ba
Of the Senate may be introduced tomorrow
night. unless the Democratic members hhbuste
long enough to prevent IT, II Will come in within
day or two after that at the latest.