New-York tribune., 1907-08-04
SENATE RULING UPHELD
IT,, COURT OF 4PPE1LS.
s,,,,cZIate Dicision Afirns Election
Decision of Justice Fits.

--,- Alle 3-State Senators are not 10 Se
- - ,he election this fall. according TO a
-, handed down to-day by the Appellate
osot-i 81 Department. which unanimou=Iy az
- The decision ot Supreme Court Justice
IL. :, issuing a writ Of peremptory nandanus
- Taf,l : WhaIen, Secretary OF State.
"7,to,r5,,7 Of Senator owen Cassidy, Of Schuy-
l,,-,-v This writ directs The Secretary Of
- ~ sending out the election notices this
- -, o.1.ntv clerks 70 omit a call for an cleo
-, # state Senators The court also denied
orion made By Deputy Attorney General George
p 7,ac5a~ for Il stay OF the writ and 10 permit
~ Saore1ary Of State TO include in his notice
N -.~ an election Of Senators. until the Court
= Ar.2eals had passed upon the matter. No
800, WAS written by the court, which heard
arguments to-day
11a,,7,-v Attorney General Decker, accompanied
=, Sana1ors Hinman and Cassidy. called on
81 ShankIand, Of the Court OF Appeals. late
- ana z request was made that he COM
-:-a-, with Chief Justice Cullen, who is in
I-ajra for the purpose q having that court con-
- - early as possible A reply is expected
early next "eeA-
,,,a Secretary Of State sent out TO the various
,,r-, clerks tonight the notice for the election
- fall emitting all reference 10 an election Of
-a+,~s This actIo nwas necessary. in view OF
ta fact THAI there are only Iew days left be
t,-a The expiration Of The time required when
80 notices must be II the hands o: county
clerks
-be Secretary of State late this afternoon
-vs ,o,1rt earlier heard arguments on an ap
,sal from the decision Of Supreme Court Jus
t,ra Fits IN granting TO Senator owen CASSIDY.
o< Schuyler County, & pereIlptory nlanua-IluS
o-ze-irg the Secretary Cf State 10 send out the
.lar-fon notices this year TO county clerks with
-- including 2 call for an election OF State
senators. Ex-JudEe Celora E Martin. Of the
Court Of Appeals; Senator Hlninan. OF BinS-
bar71on and Senator Cassidy in person appeared
IN favor of urholdinS Justice Fitts's decision
Deputy Attorney General Decker represented
-ba Attorney General IL behalf OF John 3 " Wha-
rer Secretary Of State
The a-sualents were practically the same as
those advanced before Justice Fits Deputy
Attorney General Decker COntended Il was
-i-.,;- -ne functions Of the Secretary Of State
IA order the election Of constitutional oflcers 10
repIace The members OF the de facto Senate at
The earliest moment consistent with the puphc
interests.
-, fac-o officers should be superseded At the
aa-r5esr possible opportunity, said MI Decker
IN ths sense Of law 3 de facto officer has no
successor. Il this Senate is 10 remain IN once
-7osr serious consequences are liable 10 foIlO".
M Decker then raised the point that an
election of . Senator 70 Ill vacancy. shou-d
one occur in q district which had been altered
nv the reappoTtionrnent act Of lS0'. WouId re-
sIll- N confusion He asked for stay OF ule
writ Of uandauus, so that the HecIe'aIs %
STATE could send out the call, including therein
-t,. LECTION oe Senators. He said that these
notices must be sent out by tomorrow al the
latest.
Senator's Finrran and Cassidy and Judge Mar
IN IN support Of the writ, contended that pIac-
ticarly all Of the questions raised py dLe So
re+a-y of State through the Attorney General
were passed on By Chief Judge Cullen OF tle
Court Of Appeal in his opinion on the appor-
tsooraent act Of 1896. They contended tha5 lle
csourt took into consideration all the questions
raised and provided for the future senators
TTI,rnan snd Cassidy also held that the term OF
o47ce of g. State Senator was fixed by the con-
stttur.oa ct two years and that there was nol.
ens ,,ntl December 81, 1905. there would not be,
e-1v vacancy IN the Office Of State senator ii anu
-o- -he Senate district composed Of the counties
- r7,e-nung. Schuyler and Toupkins, now rep
resented by Senator CASSIDY They quesuoned
the authority Of the Secretary OF state 10 can
sn election OF state Senators this year