115th New York State Legislature explained

Number:115th
Imagedate:1892
Start:January 1
End:December 31, 1892
Vp:Lt. Gov. William F. Sheehan (D)
Pro Tem:Jacob A. Cantor (D)
Speaker:Robert P. Bush (D)
Senators:32
Reps:128
S-Majority:Democratic (17-14-1)
H-Majority:Democratic (66-61-1)
Sessionnumber1:1st
Sessionstart1:January 5
Sessionend1:April 25, 1892
Sessionnumber2:2nd
Sessionstart2:April 25
Sessionend2:26, 1892
Previous:114th
Next:116th

The 115th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to April 26, 1892, during the first year of Roswell P. Flower's governorship, in Albany.

Background

Under the provisions of the New York Constitution of 1846, 32 Senators and 128 assemblymen were elected in single-seat districts; senators for a two-year term, assemblymen for a one-year term. The senatorial districts were made up of entire counties, except New York County (seven districts) and Kings County (three districts). The Assembly districts were made up of entire towns, or city wards,[1] forming a contiguous area, all within the same county.

At this time there were two major political parties: the Democratic Party and the Republican Party. In New York City, the Democrats were split into three factions: Tammany Hall, the "County Democracy" and the "New York Democracy". The Prohibition Party and the Socialist Labor Party also nominated tickets.

Elections

The New York state election, 1891 was held on November 3. Roswell P. Flower was elected Governor; and Speaker William F. Sheehan was elected Lieutenant Governor, both Democrats. The other five statewide elective offices up for election were also carried by the Democrats. The approximate party strength at this election, as expressed by the vote for Governor, was: Democratic 585,000; Republican 535,000; Prohibition 30,000; and Socialist Labor 15,000.

This was the first time that seats in the Legislature were contested in the courts. Previously, since Independence in 1777, seats could be contested only in the Legislature, after the beginning of the session, and it took usually a long time to come to a conclusion. Most contestants whose claims were found to be correct, were seated only a few days before the end of the session. Now it became possible to take the contest to the courts, swiftly being decided by New York Court of Appeals, before the session began. At this time, the Court of Appeals was composed of five Democrats and two Republicans, and ruled in favor of Democrats Edward B. Osborne, John A. Nichols and Charles E. Walker who were referred to in the press as "usurpers", holding their seats by fraud. Seven more seats were then contested in the Legislature.

Sessions

The Legislature met for the regular session at the State Capitol in Albany on January 5, 1892; and adjourned on April 25.

Robert P. Bush (D) was elected Speaker with 65 votes against 55 for James W. Husted (R).

Jacob A. Cantor (D) was elected president pro tempore of the State Senate with 15 votes against 14 for George Z. Erwin (R).

On January 13, the Democratic senators met in caucus to discuss the scheme of unseating Republicans John H. Derby and Harvey J. Donaldson. Senator William L. Brown refused to go along with the scheme.[2]

On January 14, Senators George Z. Erwin, Edmund O'Connor and Charles T. Saxton (all three Rep.) refused to vote on a substitute Enumeration Bill, and were declared in contempt by the Democratic majority.[3]

On January 20, the Enumeration Bill was finally passed.[4] It had been due in 1885, but Republicans and Democrats could not agree on the terms. The Census Bill passed by Republican majorities in the Legislature of 1885 was vetoed by Gov. David B. Hill. In 1892, for the first time since 1885 the majorities in both Houses of the Legislature and the Governor were of the same party, and the enumeration bill was rushed through. The enumeration was needed as a basis for the re-apportionment of the Senate and Assembly districts.

On February 10, the Legislature elected James F. Crooker (Dem.) as Superintendent of Public Instruction, with 81 votes against 71 for Andrew S. Draper (Rep.), to succeed Draper on April 7 for a term of three years.[5]

The Legislature met for a special session on April 25, at 8.30 p.m., to consider the re-apportionment of the Senate districts and the number of assemblymen per county.[6]

On April 26, the Re-Apportionment Bill was passed by a vote of 17 to 1 (the 14 Republicans refused to vote) in the Senate; and by a vote of 67 to 58 in the Assembly.[7] Cattaraugus, Cayuga, Chautauqua, Jefferson, Niagara, Oneida, Oswego, Otsego, Saratoga, Ulster, Washington and Wayne counties lost one seat each; St. Lawrence County lost two seats; Erie and Queens counties gained one seat each; and Kings and New York counties gained six seats each.

On August 5, Monroe County Judge Rumsey declared the Re-Apportionment Bill as unconstitutional and void.[8]

On September 23, Supreme Court Justice Stephen L. Mayham declared the Re-Apportionment Bill as constitutional.[9]

On October 13, the Court of Appeals upheld the Re-Apportionment Bill by a party vote of 5 to 2.[10]

State Senate

Districts

Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties.

Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Joseph Aspinall, Martin T. McMahon, Charles P. McClelland, Edward B. Osborne, Cornelius R. Parsons and Matthias Endres changed from the Assembly to the Senate.

Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."

DistrictSenatorPartyNotes
1stEdward Floyd-JonesDemocratChairman of Game Laws
2ndJohn McCartyDemocratChairman of State Prisons; and of Public Buildings
3rdJoseph AspinallRepublican
4thPatrick H. McCarrenDemocratChairman of Commerce and Navigation; and of Public Expenditures
5thWilliam L. BrownTammany Dem.Chairman of Affairs of Cities; and of Grievances
6thJohn F. AhearnDemocratChairman of Banks; and of Public Printing
7thGeorge F. RoeschTammany Dem.Chairman of Judiciary
8thMartin T. McMahonTammany Dem.Chairman of General Laws; and of Militia
9thEdward P. HaganTammany Dem.Chairman of Claims
10thJacob A. CantorTammany Dem.elected President pro tempore; Chairman of Finance; and of Rules
11thGeorge W. PlunkittTammany Dem.Chairman of Miscellaneous Corporations; and of Engrossed Bills
12thCharles P. McClellandDemocratChairman of Insurance; and of Joint Library
13thWilliam P. RichardsonRepublicancontested by C. Frederick Lamont (D)
14thClarence E. BloodgoodDemocratChairman of Roads and Bridges; and of Poor Laws
15thEdward B. OsborneDemocratcontested in the courts by Gilbert A. Deane (R);[11] Chairman of
Affairs of Villages; and of Erection and Division of Towns and Counties
16thJohn H. DerbyRepublicancontested by Michael F. Collins (D)
17thAmasa J. Parker Jr.DemocratChairman of Taxation and Retrenchment; and of Public Health
18thHarvey J. DonaldsonRepublicancontested by Edward H. Hoyt (D)
19thLouis W. EmersonRepublican
20thGeorge Z. ErwinRepublicanMinority Leader
21stJoseph MullinRepublican
22ndHenry J. CoggeshallRepublican
23rdJohn E. SmithRepublican
24thEdmund O'ConnorRepublican
25thJohn A. NicholsDemocratcontested in the courts by Rufus T. Peck (R);[12]
Chairman of Salt; and of Agriculture
26thThomas HunterRepublican
27thCharles E. WalkerDemocratseated in place of Franklin D. Sherwood (R);[13]
Chairman of Internal Affairs of Towns and Counties; and of Manufactures
28thCharles T. SaxtonRepublican
29thCornelius R. ParsonsRepublican
30thGreenleaf S. Van GorderRepublicancontested by Harvey Arnold (D)[14]
31stMatthias EndresDemocratChairman of Canals; and of Indian Affairs
32ndJames T. EdwardsInd. Rep./Dem.Chairman of Railroads; and of Public Education

Employees

State Assembly

Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.

Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."

DistrictAssemblymenPartyNotes
Albany1stArtcher La GrangeDemocrat
2ndWalter E. WardRepublican
3rdGalen R. HittDemocratChairman of Railroads
4thJohn T. GormanDemocratChairman of Banks
AlleganyMarcus M. CongdonRepublican
BroomeIsrael T. DeyoRepublican
Cattaraugus1stWilliam E. WheelerRepublican
2ndSolon S. LaingDemocrat
Cayuga1stCharles Clinton AdamsRepublican
2ndWilliam Leslie NoyesRepublican
Chautauqua1stWalter C. GiffordRepublican
2ndEgburt E. WoodburyRepublican
ChemungRobert P. BushDemocratelected Speaker; Chairman of Rules
ChenangoCharles H. StantonRepublican
ClintonEdward HallDemocrat
ColumbiaHenry L. WarnerDemocrat
CortlandJames H. TrippRepublican
DelawareJames R. CowanRepublican
Dutchess1stObed WheelerRepublicancontested by James H. Russell (D)
2ndJames A. VanderwaterDemocrat
Erie1stJohn J. ClahanDemocrat
2ndJacob GoldbergDemocrat
3rdEdward GallagherRepublican
4thHenry H. GuentherDemocratChairman of General Laws
5thMyron H. ClarkRepublican
EssexWalter D. PalmerRepublican
FranklinAllen S. MatthewsRepublican
Fulton and HamiltonHorace S. JudsonDemocrat
GeneseeCharles N. ReedRepublican
GreeneEdward M. ColeDemocratChairman of Public Printing
HerkimerHenry H. GreenRepublican
Jefferson1stHarrison FullerRepublican
2ndMartin L. WillardDemocrat
Kings1stJoseph J. CahillDemocratChairman of Unfinished Business
2ndWilliam J. PlantDemocrat
3rdJohn CooneyDemocratChairman of Privileges and Elections
4thJohn J. O'ConnorDemocratChairman of Fisheries and Game
5thJohn KellyDemocratChairman of Printed and Engrossed Bills
6thWilliam E. ShieldsDemocratChairman of Codes
7thLouis C. OttDemocrat
8thJames F. QuigleyDemocratChairman of Revision
9thLawrence E. MaloneRepublican
10thThomas F. ByrnesDemocratChairman of Federal Relations
11thGeorge L. WeedRepublican
12thCharles A. ConradyRepublican
LewisG. Henry P. GouldDemocratChairman of Canals
LivingstonJesse RobertsRepublican
MadisonClarence W. DexterRepublican
Monroe1stFrank M. JonesRepublican
2ndRichard J. CurranRepublicancontested by John A. Bernhard (D)[15]
3rdWilliam H. DennistonRepublican
MontgomeryGeorge J. GoveDemocrat
New York1stPatrick H. DuffyTammany Dem.Chairman of Public Health
2ndTimothy D. SullivanTammany Dem.Chairman of Commerce and Navigation
3rdPercival FarquharTammany Dem.Chairman of Military Affairs
4thPatrick H. RocheTammany Dem.
5thDominick F. MullaneyTammany Dem.
6thSamuel J. FoleyTammany Dem.Chairman of Excise
7thAlfred R. Conkling[16] Republican
8thPhilip WissigDemocratChairman of Soldiers' Home
9thWilliam H. WalkerTammany Dem.
10thWilliam SohmerDemocratChairman of Public Institutions
11thWilliam N. HoagRepublican
12thMoses DinkelspielTammany Dem.Chairman of Trade and Manufactures
13thJames H. SouthworthTammany Dem.Chairman of Public Education
14thWilliam SulzerTammany Dem.Chairman of Judiciary
15thLouis DrypolcherTammany Dem.
16thWalter G. ByrneTammany Dem.
17thThomas J. McManusNew York Dem.Chairman of Claims
18thDaniel F. MartinTammany Dem.Chairman of Electricity, Gas and Water Supply
19thJohn ConnellyTammany Dem.Chairman of Insurance
20thMyer J. Stein Tammany Dem.Chairman of Public Lands and Forestry
21stLouis H. HahloTammany Dem.Chairman of Charitable and Religious Societies
22ndWilliam J. O'DairIndependent
23rdGeorge P. WebsterTammany Dem.Chairman of Affairs of Cities
24thJames L. WellsRepublican
Niagara1stGarwood L. JuddDemocratChairman of Indian Affairs
2ndLevi Parsons GilletteDemocratChairman of Agriculture
Oneida1stCornelius HaleyDem./LaborChairman of Labor and Industries
2ndHarry S. PattenDemocrat
3rdChester W. PorterRepublican
Onondaga1stPatrick J. RyanDemocrat
2ndWilliam KennedyRepublican
3rdAdam C. ListmanRepublican
OntarioFrank O. ChamberlainRepublican
Orange1stHoward ThorntonRepublican
2ndWilliam E. McCormickDemocrat
OrleansAdelbert J. McCormickRepublican
Oswego1stNevada N. StranahanRepublican
2ndWilbur H. SelleckRepublican
Otsego1stCharles GoodellDemocrat
2ndWalter L. BrownRepublican
PutnamWilliam H. LadueDemocrat
Queens1stSolomon S. TownsendDemocratChairman of Internal Affairs
2ndGeorge L. WeeksRepublicancontested by James A. McKenna (D)
Rensselaer1stJames M. RileyDemocrat
2ndLevi E. WordenRepublican
3rdJohn J. CassinDemocrat
RichmondHubbard R. YetmanDemocratChairman of Affairs of Villages
RocklandThomas FineganDemocrat
St. Lawrence1stGeorge R. MalbyRepublican
2ndJohn C. KeelerRepublican
3rdLewis C. LangRepublican
Saratoga1stFrank L. Smith[18] Republican
2ndLewis VarneyRepublican
SchenectadyAlvin J. QuackenbushDemocrat
SchoharieWilliam T. LamontDemocrat
SchuylerWilliam H. WaitRepublican
SenecaWilliam H. KinneDemocrat
Steuben1stGordon M. PatchinRepublican
2ndHerman E. BuckRepublican
SuffolkJames H. PiersonRepublican
SullivanGeorge M. BeakesDemocrat
TiogaEdward G. TracyRepublican
TompkinsAlbert H. PiersonRepublican
Ulster1stGeorge M. BrinkRepublican
2ndJacob RiceDemocratChairman of State Prisons
3rdGeorge H. BushDemocratMajority Leader; Chairman of Ways and Means
WarrenHoward ConklingRepublican
Washington1stWilliam D. StevensonRepublican
2ndWilliam ReidRepublican
Wayne1stGeorge W. BrinkerhoffRepublican
2ndFlynn WhitcombRepublican
Westchester1stThomas K. FraserDemocrat
2ndWilliam RyanDemocratChairman of Taxation and Retrenchment;
on November 8, 1892, elected to the 53rd U.S. Congress
3rdJames W. HustedRepublicanMinority Leader; died on September 25, 1892
WyomingMilo H. OlinRepublican
YatesEverett BrownRepublican

Employees

Notes

  1. Except New York City where the wards were apportioned into election districts, and then some whole wards and some election districts of other wards were gerrymandered together into Assembly districts.
  2. see SENATOR BROWN SAID NO AND SHEEHAN'S BOLD GAME WAS BLOCKED in NYT on January 14, 1892
  3. https://timesmachine.nytimes.com/timesmachine/1892/01/15/104090593.pdf SENATORS "IN CONTEMPT"
  4. see ENUMERATION BILL PASSED in NYT on January 21, 1892
  5. https://timesmachine.nytimes.com/timesmachine/1892/02/11/104118305.pdf MR. DRAPER'S SUCCESSOR
  6. https://timesmachine.nytimes.com/timesmachine/1892/04/26/104125847.pdf THE NEW APPORTIONMENT
  7. https://timesmachine.nytimes.com/timesmachine/1892/04/27/104125901.pdf WALKER'S FIRMNESS WINS
  8. https://timesmachine.nytimes.com/timesmachine/1892/08/06/104142558.pdf APPORTIONMENT ACT VOID
  9. https://timesmachine.nytimes.com/timesmachine/1892/09/24/104146109.pdf JUDGE MAYHAM'S REASONS
  10. https://timesmachine.nytimes.com/timesmachine/1892/10/14/104148466.pdf APPORTIONMENT TO STAND
  11. Deane had received more votes than Osborne, but the county canvassers did not allow 31 votes which had ink marks on the edge (which could have been made by printers' quads), and declared Osborne elected. Deane died on November 20, 1891, but the Republican Party continued his contest in the courts. On December 5, Judge Barnard ordered the votes to be counted, and instructed the County Clerk to inform the corrected result to the state canvassers. Judge Fursman ordered a stay of Barnard's decision. On December 19, Supreme Court Justice Edgar M. Cullen vacated Fursman's stay, and in the evening of December 21, Dutchess County Clerk Emans mailed the corrected result to Albany. On the same day however, Justice Ingraham had stayed Cullen's decision and Emans was accused of contempt of court. Emans traveled to Albany himself, and appeared at Deputy Attorney General Isaac H. Maynard's home at half past 8 a.m. next morning demanding to have the corrected result returned to him. Maynard and Emans went to the State Comptroller's office, and Maynard subtracted the letter from the incoming-mail pile and handed it over to Emans, explaining to the office employees that the letter had been misdirected. Subsequently, the original result was counted by the state canvassers, and Osborne was declared elected.
  12. The Court of Appeals upheld the decision by the county canvassers of Onondaga County to throw out 1,252 ballots for Peck on a technicality, thus giving Nichols a majority.
  13. Sherwood was at the time of election a Park Commissioner of the City of Hornellsville, and for this reason declared ineligible by the Court of Appeals. The state canvassers refused to declare any candidate elected, but Walker was seated at the beginning of the session by a vote of the Senate.
  14. see SENATOR VAN GORDER'S SEAT in NYT on January 6, 1892
  15. https://timesmachine.nytimes.com/timesmachine/1892/01/10/104114817.pdf THE ASSEMBLY CONTESTS
  16. Alfred Ronald Conkling (born 1850), son of Congressman Frederick A. Conkling
  17. Myer J. Stein, brother of assemblyman Joseph I. Stein (in 1877)
  18. Frank L. Smith, grandson of assemblyman Thomas Hewitt (in 1803 and 1804)

Sources

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