The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-03
izinr the New York City Park Department Ia
expend not 70 exceed 81 100000 for the im-
provement OF parks. pnrkways, and drives ol
New lork and Pelham lark.
SBEEHAN 7ELLS TIE STORY
Repubiiean Senators OVERRIDE Rp:es mud
toustitu Loo.

Lieut.-Gov. Sheehan came down from Albany
| last evening. and was at the Hoffman House
| with Democratic friends Naturally there was
the widest interest in ascertainlnG all about
the iracns In the Senate the day before.
After going over the proceedings Of the Com
| mittee on Privileges and Elections In the
McCarty case. and showing the llmslness OF
the pretence that Wolfert had any right to
McCarty's seat, Mr.. Sheehan said
Now. why do the Republicans want to un-
seat McCarty7 Because John McCarty Is n
Democrat and because they want two-thirds
majority in the Senate to override Gov. Flow
er's veto. and because in the judgment OF the
Republican leaders they have not sa,e
have voigd to ton p6seat I %ccsty e XSs
motives alone. There are fourteen Demo Gratis
| In the senate. including McCartv, aud for
ssf IL sqS at. a d IL ccHd e
depend on the two Republican Senators from
Kings county and they well knew that II they
| could not depend on these two Senators they
| would have but sixteen votes In the senate.
one less than majority; They made up their
| safe working majority they must get another
Republican vote upon which they could de-
We never have had in the Senate n closure
rule until this year. For the purpose OF sitting
debate the Republican Senators adopted what
strict or liberal construction Of the rule adopted
by them discloses that It will not work. | as
ofIieer 10 make even n technical eonstruc.
tion OF any rule which has for its sole pur-
proposed in their rule. which is known as a.
| that when bill. resolution. or motion has been
might move to close the debate. and that that
| motion was neither amendable nor dchatable
but that it should imnediately be put and car
! The rule further provided that after that mo-
tion was carried eac Senator might have the
rteyht 10 toll fpr hnt m ha M az
the consideration Of the resolution offered Ly
| Clearly that resolution was debatable for six
| hours but ut $3.50 /. VI. senator Wolff offered
entitled to the seat but that licCarty was.
clearly under hsiT Tor own h rule; that me-
the INTRODUCTION OF the original rrso-
luton. Senator saTton A. moved 70 close
nous consent. as the senate at the time was
eOnsideripg, and debating the substitute Of
had been occupied in that debate. senator
saxton appealed. or attempted TO appeal, from
plainly my duty to eniorcs the rule. and that
rule A permitted six hours debate on the
Senator Saxton then requested without tho
Senate SO otSer6g that e. the Clerk John 5.
tor Saxton: / held that until had stated the
Clerk i to proceed With the roll call. he had no
authority to call the roll Senator Saxton then
u ea on his own responsibility S to call the
roll on that proIpSsi'i9in ana r the Clerk pro
:" senator saxton then requested tho Clerk
to eS the ron 9n G ~ ssS.,6 u n
Substitute OF Senator Woiff. which was the
pending question, and which had been offered
one hour and forty minutes before the OK piral-
tion OF the six hours. The same protest was
eeptered against this proseedinG: but tho
vote, declared the resolution unseatinG Me-
Assuming that was wrong no one Will
right to ignore the substitute resolution OF
senator WOlff. or to refuse to take a vote on it.
Much has teen said of my refusal to nut
the appeal Of Senator saxton. There were two
nnanswerable reasons why could not First.
not have expired until $50 in the evening.
moved that debate close at Z O'Clock. being
f four hours after It ,o had opened 20, on
decided thai that Sotian Was DOT p in order Ec
cause the rule permitted six hours debate.
%oIbd i be TthiH the pr province 81 MAJOR majority
decision, to nullify their own rule, and IT, in
such case. ! did not TeeognizGf their right 70
rule that said six hours was allowed the SEN
ate on every motion and resolution. Tho Re
olined to recognize Il they could have
they could not appeal from that decision. how
could they within the rule apIe from nay de-
the Wolff substitute for six hours Under the
Republican construction OF rule IL Senator
Pound i could have tniEsd Tor six hours on his
tunity to the minority to ofler an amendment
or 20 debate the question. This proves the alb
which provides that the President OF the Sen.
to appeal to the Senate. That, means. Of
course. that point OF order would first have
follow. and from that decision on the ques-
RRs e % 3aSF Which En- EAt be
did not rise to a question Of order and until
he did no appea could DO taken from tho de-
Now, who is the presiding officer Of the
Senate lie is unlike officially. any other pre-
bodies. such as the Common Council ami 9th
ers. as general rule, select one OF their own
and they can unmAse him. lyen the present
Speaker OF the Assembly could be displaced toy
person to preside B1t in the s.a at o' t6e
Lieutenant Governor 10 The presiding officer
10y virtue OF the Constitution OF the State. While
the leutenant-GoveTnor Is Presiding in the
Senate there can be NJ other presiding oflcer.
tenant, GoyernoF P4 should Io the S' pT ias
ing ofiieeT of the, Senate They meant
eised by presiding Officers at the time OF the |
adoption OF that part Of the Constitution should |
be exercised by the President OF the Senate. |
They certainly never contemplated that any |
Senator SHOULD become pTesidIns ottccr while |
the lieutenOnt-Lioyernor Was present nor |
did they ever for moment think that |
hts duties could BIO conferred upon an /
irresponsible clerk; The Constitution |
Of a President pro TEN. Of the Senate. |
but il expressly states that the Senate can |
elect President PRO TEN. Only ia the absence |
q the Lieutenant Governor And in order /
thar senator SaXton might he legally elected /
President pro ten. OF the senate / left the |
chair aLd the Senate Chamber on the first day |
OF the session because until was physically |
aGsent the Republicans could not elect their |
President pro TEN.
Briefly. then our contention Is this: We /
admit that the senate Is the sole nudge Of the /
election and qualification Of its own mem beIs. /
but that same Constitution says that the sem |
ate may adopt rules for Us government The /
Senate did Adopt rules for Its govern
psnt and within the senate chamber |
these rules so adopted until changed or /
amended have the same force and eject as a /
statute. ConfsEssdly. In their attempt 10 I'M |
seat Senator MeCAHY the Republicans Vio- |
lated yhslr own Tules, and until they properly /