Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-08
THEFT OF A SENATORIAL SEAT.


Republicans Resort to Desperate Means
in Order to Increase Their Majority i'll
tho New York state Senate.
ALBANY, N. Y, Feb. las soon as
the Senate was called TO order this
morning the majority report of the com
mittee ON privileges and elections recon-
mending that Senator McCarty, Demo-
crat, of the Sixth (Brooklyn) district, be
unseated in favor of Henry Wolfert, the
Republican candidate, was taken up. A
debate occupying the whole day ensued.
This evening Senator SaXton asked
the clerk to put the question on the
adoption OF the report. Lieutenant
Governor Shehan, who presided, having
refused TO do so, the clerk put the ques-
tion and it received 10 affirmative votes,
the Democrats protesting against the
proceeding. The clerk decided the reso-
luton seating Mr. Wolfert carried
The Northumberland declared
that the vote was illegal and Of no force
and that Senator McCarty was still the
Senator from the Sixth district.
The statement was greeted with APP
| plause from many who filled all the
space behind the rail and much of the
floor.
Mr.. Wolfertis in town and has already
been sworn in. He will attend the SEES
| sion tomorrow.
Senator McCarty will also attend.
The lieutenant governor will recog-
nize Mr.. McCarty as the Senator from
the Sixth, and says he will in no way
notice Mr.. Wolfert officially.
When the Senate is called to order in
the morning there may be some trouble
over the adoption of the journal, which
will be the first business. When that is
disposed of the lieutenant-goYerno said
| he would announce as the pending
question, coming over from the days
session the disposition of Senator
VOLTS resolution declaring Senator
McCarty's title to his seat. Then a
repetition of to.day's proceedings is ex-
pected. Some Senators say that Senator
VOLTS resolution will not be the pend
ing question, as an adjournment instead
of recess was taken until tomorrow.
Senator Saxton said tonight: "We
think our position on the construction
of the rules correct, and propose to seat
Mr.. Wolfert at to morrow S session. His
name will be placed oa the Senate roll
and he will be recognized by the clerk"
Ex-senator McCarren, counsel for
McCarty, said Tonight
"Of course if the clerk of the Senate
recognizes Mr.. Wolfert instead of Mr..
| McCarty to. morrow the natural course
would be to secure all injunction re-
straining the clerk from recognizing Mr..
Wolfert."
On the other hand, there is some talk
of the Republicans securing mandamus
to compel the lieutenant-goyernor to
recognize Mr.. Wolfert.
woLFERT IN HIS SEAT.
ALBANY, n. Y. Feb. 1.-The members
of the State Senate continued the row be-
gun at last evenings session over the con-
tested election case of Henry Wolfert, r.,
against Senator Mccarthy. who is one of
the right.hand men of Hugh Mclaughlin,
the Brooklyn Democratic leader. The Re-
publicans, who are in a majority, decided
several days ago to unseat Mccarthy on
the ground that his alleged majority in the
last election was gained by fraudulent
votes at Gravesend John Y. Mckane's
district) and elsewhere. Last night Lieu
tenant-G Governor Sheehan refused to put
the vote on the report of the Republican
majority of the elections committee. and
SaXton, the leader of the Republicans
SO. The clerk did as hidden, and, amid a
great uproar, declared the, report adopted
and Mccarthy unseated.
This morning an injunction was granted
by Judge Clute of Albany county, forbid
ding the placing of Henry Wolfert's name
on tho roll of the Senate. The reason given
for the injunction was that the clerk had
usurped the powers of the presiding officer.
An exciting time was expected in the
Senate this morning and long before IL
O'Clock the chamber began to fill with
spectators. The. Senators were in the
chamber early. Mr.. Wolfert, the Repub-
lican from Kings county, who was voted
by the Republicans into the seat of Mr..
Mccarthy after yesterdays exciting de-
bate. was in the chamber soon after $50
o'clock, and received many congratu-
lations from the Republican members as
they assembled.
There was much speculation as to what
position Mr.. Mccarthy would assume. A
man occupied the seat of the Senator from
the Sixth Kings district at l0.S5 o'clock
when Mr.. Wolfert went to il and asked
the man to vacate il. This request was
immediately complied with. Mr.. Wolfert
then took the seat.
Mr.. Mccarthy entered the cham Der three
minutes before the converting of the Sem
ate. Simultaneously with his entrance
Senator McCarren. Mr.. McCarthy's coun-
sci, entered the room of Clerk Kenyon and
served ON him an injunction issued by
County Judge Clute restraining him from
putting Mr.. Wolfert's name on the roll of
the Senate.
When the Senate was called to order Mr..
| Wolfert occupied the seat from the sixth
and Mr.. Mccarthy stood near the clerks
desk.
A roll.call was ordered by the Republi-
can majority, but the clerk refused to
obey, on the ground that the injunction
| forbade him to call the name of Wolfert.
Lieutenant Governor Sheehan, presid-
ing, also refused to call the roll and Sena-
tor Saxton, the Republican leader, as
snmed the responsibility, and, in spite of
| the protests OF the Democrats. called VOL.
fert's name. The Senate then adjourned
until Monday.
| There are very serious doubts in the
minds of some of the best lawyers whether
a judge has any right to enjoin u legisla-
tive body. At the hearing before Judge
Clute Monday, the attorney general will
represent the clerk and Judge Maynard
| will probably represent the Democrats,