New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-13

SENATOR HILL AND HIS FOLLOWERS TALK or
TAKING THEIR CASE BEFORE THE COURT
or APPEAIs-pEPuTY ATToRNEY-GEN
ERAL PARSONS SAYS THE LEGGSI.A-
TIKE Is LEGALLY CONSTITUTED
nj TELEGRAPH TO THE TRIBrNE.I
Albany. Nov. l2-It nlnted here to-day by
prominent Democrats that The courts would be
asked 10 give opinion upon the legality OF the
Republican Legislature which will meet here III
January. Governor Flower and the two United
States Senators. David H. Hill and Edward Murphy.
jr.. reported TO have held conference yes
terday. At which the decision made to contest
the power of the Legislature elected this fall 10 act
next winter the argument beng that the new Con-
stitutiOn abolishcs the present Legislature OF oo
members ana substitutes OF POO members. Sen
ator Hill however, denied that any conference had
been held yesterday upoh this subject although ne
did say any, lining the effect that none regard
Ing II had been held since election.
II is hinted by Democratic leaders mere 'ha'
Tammany Hall is chiefly concerned upon this SUB
ject of the legality OF the Legislature. since II
foresees that with the passage OF the Power oi
Removal bill conferring upon Mayor-elect Strong
the power of reno ing all the Tammany heads OF
city departments in New-NOrk. its present po"'-
zeal power would largely depart Senator III per
haps gave a hint to tn" intentions of those WI"
are planning to contest the legality OF the lrsis-
done about the question until some bill had been
passed by the Legislature and signed by Governor
Morton. Then a tes' could be made and taken
10 the Court Of Appeals. which VII nave four h'-
publcans and three Democrats as iis members ait't
January ]. The Court VIII De "9ht" ." 7''' 49,
early decision.
The new Constitutions provides that the Senate
shall consist of 20 members and the Assembly oi
10: but the provision Is evidently not lntendei 10
applv to the Legislature elected this fal In ia'I
such an idea never rrcd 20 any delegate III III"
constitutional Convention. The languag" used In the
..cfior r.garduc the elections Is the sam" a. th"
which was used twD previous occasions III "n-
s,i,uti,naf rapport comments Moreover. % ndlcal"
,,,r, Gle. ry the meaning Of the artc-". II - pro
yided that tn. new Assembly districts shhI n"t
.,.n be defined unit. June. ndsf MS sec non
&, vyould be. impossible 10 ho.d an election b"i'i'
m. election Of Senators and meinhcrs oi AS@'H-
blv nursuant to the provisions OF this constitution,
shall be held on tie Tuesday succeeding IN" iiSt
Monday Df November unless other"ls" hir'c'"' ny
the Legislature.
ObyiousIy the Tuesday succeeding the first Mon
day In November. here referred TO. - the "'sn"S
~ mex, November, since tn" now Constitution
does not 90 into effect until January J. lH, hher
the contention of the Democrats there colli u" TO
Legislature until tn" year ls", dih one '"'' ''"'
Deputy Attorney General Parsons said this
,uorrirr that the ~ members elected 10 tle
T.aislaf,iro wcr. entitled TO their seats. The
fton Al. does into effect until January J.
Tho isO members 10 bc elected under the ne" on
.tifuflou cannot oc elected until November. lNo
he Constitution not calling for any special elec
thc Legislature cannot hc elected under 'onsuiu-
iu effect