New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-06
"INJUNCTiONS DON'T CO."
saEEYAN CLUTE EFT AL. SURRENDER
At DESCRIPTION.
u,Ic LIEUTENANT GOVERNOR DELIVERS A LONG
EXPLANATORY SPEECH. TO WHICH SENATOR'S
sAXTON AND O'CONNOI MAKE CAUsTIC
REJOINDEES-A RESOLUTION OF
INVESTIGATION
my TELEGRAPH 70 TIE TRIBUNE.


knew when he whipped. Possibly in the
course OF his chat with David Il. Hill in New
York on Saturday he was advised b. that shrewd
gentleman that there was prejudice among the
voters of tn State of New-Iork in favor of
public officers obeying the Constitution. and that
this venerable document at no point made the
Lieutenant Governor at once the holder or That
Office and the Senate well. Whatever the
cause Mr. Sheehans mood Of nsolcnt defiance
Of the Senate and Of the people OF the state.
which was so obvious last week. had disappeared
when he entered the Senate chamber tonight.
II was soon whispered about that he would read
20 ;he Senate an elaborate defence Of his course
last week in resisting the oustng Of McCarty
end would then permit the Republican Senate to
60 ahead with it's business as its rules provide.
in anticipation of a shindy between Mr.. Sheehan
ana the Republican Senators. several hundred
spectators many Of them women had gathered
IN the Senate chamber.
When the chaplain had offered prayer, in
voking peace Mr. Sheehan read his typewriter
statement 10 the Senate. The Republican Scna-
tors out Of strained sense of courtesy. per
mitted him to do this, hut he had no legal or
moral right to make any statement commenting
upon the action Of the Senate. In this docu-
mert. which he read with great deliberation
Of manner. he went over all the circumstances
OF the conflict in the Senate last Thursday over
the resolution declar ring John McCarty no longer
n member of the Senate. and admitting Henry
Wolfert He argued that Senator SaXtOn's clos
IRE rule did provide closure. that II could be
evaded by introducing amendments and substi-
tutos to the original bill or resolution on which
closure was moved, and that thus there could
be endless debate He made the important adj
mission that in the interest Of the minority he
believed he had right to give technical
Interpretation of the closure rule.
Mr. Sheehan also argued that CushinC's Nan
ual did not permit of appeals except on / 'nts OF
order. Senate SaXtons appeal from his decision
that the closure rule could not be enforced after
six hours debate on any measure was, there
fore not a proper one. Nr. Shcehan also amazed
the Republican Senator'S by saying that he was
member Of the Sera:c by virtue Of his posi-
ton Of presiding oilcer. They have always corr
sidered him merely the presiding officer since he
does not debate nor vote upon bills except in
cases Of a tie upon amendments; and his vote
cannot pass a bill Naturally Mir. Sheehan APP
proved OF the action Of County judge Cute oi
Albany County. in ordering CORK kenyoh 10
continue calling the name Of John McCarty as
q Senator after he had been expelled from the
Senate Mr. Sheehan closed his speech by de-
clar!ng substantially that hereafter he would
obey the orders Of the Senate and leave the
people to apportiOn the blame and praise for the
SeUateS conduct.
Senator's S1%tON
the Republicans tore to pieces Mr.. Sheehan's
elaborate and carefully prepared statement MT.
Saxton said in part: Il have listened WIN
good deal Of interest to the prounciamento 81
the President which he has given by the
courtesy Of the Senate. II seems To me a piece OF
special pleading. If there has been any viola
lion Of law it has been OF the part OF me
presiding officer, who has assumed to be tne
Senate. The evidence against John McCarty
election Senator was the strongest tnat codu
be. We gave six hours to the minority 70 ue.
,bate his proposed expulsion. They talked agalhs.
time then they made dilatory motions. ana
finally the had the evidence read When the SIX
hours had expired we acted That our duty.
& I will read from Gushing on the object OF rules:
The great purpose Of all parliamentary forms IS
to eubserve the will Of the assembly, to facihtate
not 70 obstruct its deliberate sense. our SlosuIr
rule vas not construed in that sense by uhs
presiding officer. HIS Interpretation OF II "9 rh
have absolutely INSTRUCTED all business. Inc
closure rule says that when any bill or resolu-
ton shall have been under debate SIX hours
vote shall then be taken upon II. would ask
env one If this resolution to expel McCarty was
not under debate six hours. Was 1t in the clouds
or in the air? That resolution had been deDa ,
every dependent subsidiary amendment
In preparing my closure rule took
the precise language Of Senator Hoai
which was drawn for the express purpose OF
securing closure in the United States Senate.
ANY other construction would make II absurd.
4 did not have vote on the Vol substitute re-
fa1nine McCarty because Mr. Sheehan ruled that
~ was not before the Senate. Decisions OF the
presiding officer always subject 70 appeal.
made him the dictator Of the senate II he can
he fhe Court of Appeals from which there can be
no appeal then he makes h!naeh our ruler CON
trary TO the Constitution me p'esldlus CIiCe
&c 70 ohev the commands Of the Senate. lie Is not
the master but the agent Of this body. TINS
Republican Senate knows its rights ana ihtch'S
TO maintain them II presiding officer does
not Oh ~ our laws we snail get some on WIN
will. If an outside force-a judicial oiiicerLal-
tempts t. interfere with us we snaIl Know TOW
to maintain the independence OF a ieti i.. -
bodv We respect profoundly the CONSTITUTION
and we intend to have it obeyed. Nfeat aP-
plause) ,,,.o,,. s,.och H.
rooted right at William +. Sheehan. lie sdld
in part "The central fact Of this controversy -
that you, Mr.. Lieutenant-Goyerhor' were a.,
tempting to keep in TINS DOaE d man. JUN
.safrC'artv who was .D7Yer elected by the voters
Of the With Senate District. BE was gwen an
appearance by fraud Of having Dee isaid ,bet
You set up your will against ours You said u i
we could not GUST him You said that minoIltI
should rule. Well If there was no precedent Oh
.he clerk calling the roll without your ordering
H. we made ii. for we were determine u,] :,
thirteen should not rule nineteen. the minority
has the questionable honor Of having dTaegcu
the judiciary into this struggle. we pald uSlci .
ence 10 The Injunction, although we did not
think T. was worth the paper upon when IL was
written because we revere the courts. But judge
chute has vacated his own Injunction ana no
other iudge has stepped into his place. lHe
majority has triumphed. as II should triumph
for the people are sustaining it, ,...
This ended the discussion over the McCar'y
case hut n little later Senator SaxtOn offered Il
resolution iustructing the judiciary COMMITTEE
70 take evidence regarding Judge Clute's inJuhc-
tion i'm order 10 discover If there has been any
breach Of privilege of the Legislature. rms
resolution will be debated Tomorrow ana Is
likely to bring Isaac II. Maynard before the sen
ate judiciary Committee for examination as 20
his part in the transaction. Judge Clute TINS al
ternoon, OF his own motion, vacated his ln!uhc-
ton, having a wholesome fear OF the Leglsat l
ure; but the Senate will bring him before the
committee. 81,
The bills restoring to Buffalo her right of self
government were announced IRON the hssei1o, ~,
and were referred 10 the first Committee Of the
Whole not full The Senate settled down 10 pusi-
ness tonight as though there had beeh 40
storm and Senator WOlfert voted upon seVerai
occasions Ex-senator McCarty was present
but 1t is not believed he Will remain long III
Albany.