The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-05-13

ne uiu uOL prODOSe 10 Oiler any teShiuiony
in rebuttal. The counsel, however, said
that they would like to have further
time to examine the testimony be-
fore summing up. The committee
therefore gave the lawyers until next
week and fixed one o'clock Monday after
noon as the time for the argument. This
of course knocks out all prospect OF final
adjournment for this week, much to the
disgust of those who came down here last
evening confidently expecting togo home
for good at the end of the week.
No one could be found last evening who
could assert that the committee had re-
solved to unseat Senator Mcdonald. On
the contrary, almost everyone believes
that the committee has changed its mind
and will fix its report SO that Senator Nc
Donald will represent Hudson county un-
til the end of his term. The reason given
for this is rather interesting. After the
committee had come to an understanding
with Stuhr as to the service he was to
render the Republican party In return for
Senator McDOnald's seat rnmors came to
their ear which caused them to set some
enquiries on foot concerning Mr. Stuhr's
liability to fulfill his part of the agree
ment.
Among the persons who were inter-
viewed in the course Of these inquiries
were number of Hudson county gentle
men, and the answers those acting for the
committee received were such as to war
rant them IN believing that all that the
Republicans would gain by unseating
Senator Mcdonald would be the ignom-
inv of their Illegal and unjust act.
THE COMMITTEES BILLS.
Attorney General Stockton has pre-
pared an opinion regarding the payment
of the Gardner Committees bills, and
the Governors duties in respect to the
same. The document is a marvel of legal
finesse So far as it seems to mean any
thing to the ordinary mind, it seems to
convey the idea that the Governor has no
power to approve the committees bills,
but that the committee itself has supreme
power to order their payment. They
should be provided for in the incidental
bill; but it they were not, and the Gov
ernor thought their payment essential to
the dignity and honor of the State, he
might order their payment, even though
there were no special appropriation to
meet them. Following are the essential
parts Of the opinion:-
sThe act is entitled AN act to define
the powers Of legislative committees of
investigation. 1t provides that any
joint committee, any standing committee
of either House, or any special commit
tee, which shall have been or may be di-
rected by resolution to enter upon any
investigation or inquiry, the pursuit OF
which shall necessitate sending for per-
sons and papers and examination of
witnesses, shall have power to compel the
attendance before them of such
persons as may be deemed necessary;
and the Treasury of the State is
authorized to pay upon the warrant of
the Comptroller such fees and compen-
sation as may be necessary for this pur-
pose and for the purpose of compelling
the attendance of witnesses, as provided
by the second section of the act; then fol-
lows the proviso that the certificate of
chairman of the committee under whose
\ L. IL .<l.&~@& IL
penses are incurred, shall be approved of
by the Governor.
s'There is nothing in this act which in
dicates any intention on the part of the
Legislature to regulate in any way the
action of either body when acting as a
court under its constitutional power to
judge of the election of its own members.
Any such construction would be forced
and would render the act unoonstitu
tional as in violation of the prerogative
of each house, which is made the judge
of the elections, returns and qualifica-
tions of its own members.
I'm the exercise of this power the Sen
ate is omnipotent 1t is made not only
the judge of the election but of the quail
fications and returns SO that there can
be no pretence for any interference with
its methods or manner. Neither the leglS-
slative, judicial or executive departments
Of the government can interfere or regu-
constitutional power the body becomes
for the purpose of the case under consid-
Grafton the highest court of the State, and
and all it's acts are judicial. In
this respect it is clothed with the
same power as the British Parliament.
1t needed no act of the Legislature to give
it power to compel the attendance of per
sons and the production Of papers. Such
proposition destroys the whole effect OF
the constitutional prerogat1ye, ktlburn
VS.. Thompson, 103 U. S., 16S. When en-
gagged in the exercise of this judicial pow
er there is no doubt OF the right to COM
pei the attendance OF witnesses and to
enforce the answer to proper questions in
the same manner and by the use of the
same means that courts of justice can in
like cases, because the question cannot
be raised as to the jurisdiction of the
body to make the inquiry. 1t is not
therefore to be presumed tnat the words
"Joint Committee OF the Legislature, any
standing committee of either House, or
any special committee which shall have
been or may be by resolution directed to
enter upon any investigation, !" was in
tended to embrace the judicial constitu-
tional action of either House when en-
gagged in the consideration OF the election
of its own members.
Moreover the title of the act forbids
such construction; it is simply ali act to
define the powers of legislative COM
mltteeS OF investigations. Such Title
would not embrace any legislation in re-
gard to the exercise Of the Constitutional
prerogative of either body when acting
separately as judges.
1t is TO be observed chat in every con-
tested election case which has happened
since the passage of the act Of March IL,
A. ID. 1875, the expenses incurred In de-
termining the matter have been provided
| for in the Incidental bill, upon the ap-
proyal OF the chairman OF such com,
II am, therefore, of opinion that the act
confers no power upon the Governor in
reference TO the matter.
| Il have not thought it necessary to con-
| slider the question of the Governors gen
| eral power under the duty committed TO
| him TO take care that the laws be faith
| fully executed to order the payment OF
any necessary expenses when no other
means exist for their payment. The pro-
from the treasury but for apDropria-
tions made by law, does not con.
troll the Governors power under the
| other constitutional clause so as to
| prevent him from taxing care that the
| laws be faithfully executed, All the At
! torneys General of this State have given
/ opinions to this effect. There are GER
| tain incidental expenses necessary for
| the protection of the States property and
| dignity which in failure of any provi-
sions by the Legislature the Governor
| has the undoubted power to order paid
from the treasury. Custom has estab
| lished and defined their limit.n