New-York tribune., 1913-07-25
Wednesday Nights Meeting
Said to Have Been Held
Without a Quorum.
APPOINTMENTS EXPECTED
Governor Now Likely to Make
Recess Nominations on
the Ground That the Extra
Session Is Over.
IRy Telegraph TO The Tribune.l

Albany. July A.-Governor sulzer to-day
questioned the legality OF the session oi
the Legislature last night. owing To N,
absence Of a quorum, and his friends de-
clare that he takes the position that the
extraordinary session IL adjourned. "hav
ing abandoned and abdicated the legti
mate legislative functions by taking q
nominal recess Until August H." Should h,
maintain this position the Governor un.
douhtedly would hold that he had the
right To make recess appointments" q
the positions now vacant as we'll as e
those held by Tammany men whom he
might desire 10 remove. or these recess
appointments the first probably would he
those ~ Charles J. Chase and W. l..
Lefiingwell for Public Service Commls-
Commissioner whose nominations ar-
now pending before the Senate.
or course. any such action would he
tested out in the courts. and. in fact. the
Governor hinted that the matter might
be taken into the courts I'm d statement
which he gave out this afternoon. but ne
has not definitely stated what his future
action will be.
The Governor said that while the rec
Assemhlymen and twenty-elght Senators
were present last night. ne had been In
formed hy several newspaper correspond
ents that there waa not q quorum pres
ent In either house. They told him. he
said. tnlt there were only seventeen mem
Aers I'm the Senate and thirty-sevrn In the
Assembly. Therefore he holds that the
passage ~ several bills last night va. a
violation ~ Article III. Section l5 ~ the
constitution. which provides:
Nor shall any bill he passed or become
u Law except by the assent ~ the ma
jority of the members elected To- each
branch of the legislature"
Il sent for the clerks ~ the Senate and
the Assembly to-day. said the Governor.
and requested the production of the rec
ords Of the proceedings last might IN the
LEGISLATURE.
An examination Of the journals ~ the
Senate and the Assembly shows that
tWenty-eight senators were present and
answered the rollcall in the Senate and
that ninety-eight Assemblymen were pres
ent and answered the rollcall In the As
semhly on each ~ these bills. This f.
ohiclally certified To by the presiding orii-
Gers OF the two branches "r the Legis-
ldture.
Il am advised that am bouui 10y the
Official records ~ the Assembly and tho
senate. Notwithstanding the facts. Tho
courts. ~ any question arises must deter
miro the matter on the evidence sub
mltted
In vieV ~ this. shall not return the-~
bills for the reasons stated {" the L"sis-
lature. Assuming that af1 bound by tie
official records ~ the I>eg'ylatUre ~ to TIC
presenc. of a quorum. ! must say that |
Indulge the hope that I'm the future tn"
l. legislature will not falsfy IT, records.
Friends ~ the Governor maintain h"
" ouId be Justified In making "rscess ap-
I'm view OF the court ~ Ap-
p-als decision IN lA7Z when. IN effect. con
tirIed end prolonged legislative recesses
were declared 20 be a subterfuge. l<gis-
lative leaders. however declare that pres
ent conditions are different from those In
lNg. when. It f. asserted. all business be-
fore thc Legislature had been completed
=, hile present many matters await
N,figr