New-York tribune., 1910-05-11
FRIEND GETS HIS SEAT
Democrat, Who Changed Vote
on Income Tax, Wins Contest.
rBy Telegraph to The Tribune.

Icy TeleSrSpA TO Inc ITloUne-
Albany. May l0-MitcheIl E Friend, q
Taumany Democrat from the 3lst District,
New York. was declared properly seated to
day. From the beginning of the session
Samuel Marks his Republican opponent in
the campaign. has been conresting the le-
ga!ity OF Friends election and the proprt-
ETY. OF his being seated
IN his fight before the Committee On Priv
ileges and Elections Of the Assembly
MarEs's prospects looked fne. IT is said, un-
til about the time he told certain prorni-
nent Republicans that II he were seated he
would vote for the EIinulan-Green direct
primaries bill
The fat charge was made to-day in de-
bate over the report OF the committee seat
ing Friend that the Democrat, who the
6rst time the income tax amendment was
up IL the House voted for II and the sec
ond time against 1t, said that he had to vote
against the tax 70 save his seat" In ef-
feet the charge was made that some Of the
Assembly leaders opposed to the income tax
had made bargain with hin. TO seat him
.f he switched on that proposition
Every one Of the New York County Re
publtcans voted against the resolution seat
ins Friend AssembIyrrlan Bates asked him
directly # he ever had told anybody he
had to switch to save his seat Friend.
looking the picture Of discomfort, absolute
ly refused 70 answer
Bates and several other Assenbly-aer an
nounced privately their intention to ask him
that same question. with appropriate COM
roent On the rollcal. and keep on asking
II. one at time. until he answered II
This plan was spoiled by the objection OF
Assemblyn1an O'Neil. Of Kings to any dis
cusston on the roncan-
AS soon as the report Of the Elections
Committee, which had been held up for a
week, was read, Assem- blyrnan kopp, Re
publican, OF New York. presented MI
nortty report in favor Of seating Marks
That threw the fat into the FIRE
enahlyrna!a Murray. who Still IS bitter
over the defeat Of the income tax resolu-
ton. declared hotly that the effort to seat
Friend was part OF pre-arranged scheme
in which the defeat Of the income tax
resolution played part He asserted that
Friend had told Assem- bIyrnan Frisbie he
had to switch to save his seat Very
bluntly Nr Murray termed this the pur-
chase Of z seat He criticised Justice
Gerard bitterly for deciding that Friend s
name should be placed in the Civic ALI
ance column OF the ballot when the Civic
| Alliance people disoWned him
! Assent blyraen Weber and Brown. OF
yings, for the committee. argued that the
report was the result Of proper and con
sc!entious work. Friend, they said, was en-
titled TO his seat, and the charge that he
was allowed 10 retain his seat as the re-
suit OF q bargain was rank nonsense
/ AssenabIyr1en Oliver. Donovan and many
others took part in the debate. But the
vote 70 seat Friend was los 70 3. SO Ger
tain were the leaders Of the result thar
| for several days there has been an item
! g COO in the appropriation bill 70 pay
/ Friends counsel fees and expenses This
! is n addition to his salary
Doherty. Garfein, Higgins: kopp, Murray.
Raldiris Toombs and Ward, New York
! Republicans. and Stephan c. Clark. Of OF
sego; Feely, Of Eiagara' E Z White Of Of
! against Friend The Democrats who voted
/ against him were Chanlcr, Metzendorf,
! OFConnor. Shortt and Wende- Stevenson.
| Of Delaware. Independent, also voted
against the Democrat