New-York tribune., 1908-04-11
HUGHESCALLS ELECTION
R1CING SITUATION TENSE
Stumping Cam mpmgn Planned in Nj
agara-O Orleans District
tBy Telegraph to The Tribune. !


ing campaign in the Niagara Orleans district
on the gambling issue. direct battle with the
Senate the question whether a successor to
the late Senator FranChot may be seated not,
and perhaps appeals to the courts which may
reopen most of the points in controversy in the
fight the cOnstitutionalty of the reap
portionment act of 1906 thrown out by the Court
of Appeals last year.
Apparently the racing forces intend first OF
all to try to prevent a special election for
successor to Senator Franchot If worsted. they
have declared that they will fight to prevent his
being seated, and that fight will reopen all the
question over the powers and rights of the de
facto Senate any of its members. Into
such a battle the entire Senate must be drawn.
and in that case the attitude of the Republican
organization, or even of individual Republican
leaders. several of whom have showed their
tagonism toward the Governor. must prove of
the utmost Importance.
The general situation here is assuming a
tenseness and bitterness which better
than anything else to illustrate the absolute
desperation of the racing interests. Governor
Hughess refusa! to consider himself beaten and
his prompt and vigorous measures to continue
the fight have convinced them that now it will
be a battle TO the death. and that they, instead
Of the Governor, will be the defensive. Some
indication of this is given by the flood OF letters
pouring in those Senators who voted against
the anti gambling legislation, but more partiCu
larly those Republicans who deserted the ma
jority of their party denouncng them in un-
measured terms for standing with the gambling
interests.
All the fight now will centre around the spe
ciai election in the Niagara Orleans district.
Governor Hughes to-day issued proclamation
for this election. TO be held on May - At that
Legislature will have convened, and the newly
elected Senator will be prepared to take his seat.
THE GOVERNORS PROCLAMATION.
The text Of the Governors proclamation fol-
lows:
Whereas a vacancy exists in the office OF
Senator for the 47th Senate District of the State
Of New York. composed of the counties OF Nj
aGara and Orleans caused by the death on
the cath day Of March. 1908. OF the Hon Stanis-
laus =. Franchot. Senator from said district:
Now. therefore, /. Charles E Hughes. Gov
ernor OF the State OF New York. in pursuance
OF the provisions OF Section OF Chapter sos
Of the Laws of 1896. known as the election law,
do hereby order and proclaim that an election
for State Senator in the place OF said Stanislaus
p. Franchot be held in the 47th Senate District
composed Of the counties Of Niagara and or
leans. Tuesday the 18th day OF May, 1908,
such election 10 be conducted in the mode pre-
scrbed by law for the election OF State Senators
Immediately on hearing that the Governor had
issued this cali Senator Grady, floor leader for
the racing forces jumped into the arena with
the fat declaration that no election would be
held or II an election were held. the man de-
cIared elected never would be permitted TO take
his seat He based his assertions on the decision
OF the Court OF Appeals in the case questioning
the reapportIonment of 1906 That decision. he
maintained held that every member OF tho Sen
ate elected under that unconstitutional appor-
tonmcnt was a Senator only de facto. As such
he had no right to hold the office except that
conferred by the Senate itself: consequently.
when Senator Franchot died. he left no title
to his office as he did TO his real estate holdings.
and no particular heir" could be chosen for his
Senate seat
"Of course. the Senate itself at last is the judge
Of the qualifications OF its members and can seat
or unseat any member. But / do not think there
will be any successor to Senator Franchot and
base my opinion on the decision OF the Court of
Appeals in the reapportionment case said
Grady.
RAINES BELIEVES GOVERNOR RIGHT.
Senator John Raines, majority leader. held
that the Governor probably right in his
views OF the constitutonality Of electing a sue
cessor to Senator Franchot. as indicated by his
call for the special election.
I'VE needn't take that UP now. though" he
and then seat the of gun IL want to.
All the preliminary discussion would better be
left TO the Court OF Appeals
still another view of the situation pre-
sented by Assembyman Merritt majority leader
Of the lower house. who declared that. he read
the decision of the Court of Appeals an election
to choose a successor to Senator Franchot must
be a general state election. not held solely in the
district which elected Mr.. Franchot
Under that decision hold that the Senators
de facto represented not district. but the en-
tire state" said he.
Governor Hughes had the entire subject under
consideration with his legal adviser before he
issued the call for the special election. His
friends believe that all these Views must have
been considered by him before he determined to
call this election They know that he realizes
the importance OF being right in every detail of
this procedure, on which may depend the success
OF his important legislation. They know. too,
how important the Governor deems the election
OF the right kind OF man. from the fact that he
practically has decided to make a few speeches
in Niagara and Orleans counties preceding and
during the campaign. 1t is interesting to note
that the Senate Committee on Privileges and
Elections stands to in the Governors favor.
Assemblyman Charles F. Foley. Democrat. of
Lockport and w. LEVEL Draper. Republican, of
Wilson, Niagara County, are considerably exer-
cised over another legal problem. Each is a pos
sibIe candidate for the nomination as Senator
providing they find that they under the law
may resign from the Assembly to try for another
office in the Legislature.
SENSATIONAL. TIMES PREDICTED
Legislators and politicians here predict that
the special election, If the racing forces do not
prevent 1t by their threatened appeal to the
courts will produce conditions many times as
spectacular as those attending the nomination