The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-02
TO GET A QUO wARRANTO
vERIgs PLAN UNLESS NEW JERSEY's
DEADLOCK rs SOON sETILER


DEADLOCK rs SOON sET1LED
.,.,-.y.aeuersi stocsts- shsws Thts -
"a. ,se osieHest Meds 90 Settlement, aaa
ouotes Nssy Dseisis.s su-tstring the
p.uoerstie Senators n Their Po-itioa.
eov. werts Of New Jersey has decided that
,.lsss the Senate muddle IL settled within a
,.v DAYS by some other method quo warranto
.,oeeedinas will he Instituted to bring the
latter before the Supreme Court at a special
...sIon. Two weeks ago Attorney General
s,ockton submitted TO the Governor state
ant OF the different methods by which the
s.rate difficulty could be brought before the
,our. for settlement. The Attorney General
.reqested a writ OF quo warranto as a method
-hirh would be the most practicable and
.rsedy. The Governor aiterward asked the
lttorre p General for q formal opinion as TO
,ho Jurisdiction Of the courts. the Republicans
having set up the claim that the courts were
-itbout jurisdiction. Gov. Worts received the
Lttorney- Generals opinion yesterday morn
lag bys special messenger who delivered II
10 him At his homo in Jersey City. After thor
eushiy diGesting the opinion tho Governor
said:
,tItutionaI Senate lie soon brought before the
Court in some other way. l shall insist that
m. quo wArranto proceedings be instituted"
The Attorney General. In his opinion. says:
81 have no doubt Of the jurisdiction OF the
Supreme Court in n case whore there are two
conflicting Legislatures, each claiming a right
10 exercise legislative functions, to determine
by which body legislative authority can be
lawfully exercised"
The Attorney General quotes numerous de-
eIsions in support Of his position. One OF them
la decision OF the Supreme Court Of Maine
in the case Of Prince agt Skillln, In which the
Court SAYS:
when different bodies OF men. each claim
ing 10 be and to exercise the functions OF the
legislative department of the state. appear.
each asserting their titles To be tho lawgiyers
for the psorle. 1t is the obvious duty of the
judicial department, who must inevitably at
no distant day DO called upon to pass upon the
validity Of the laws that may he enacted by
the respective claimants to legislative author
ity to inlulre and ascertain for themselves.
with or without questions presented by the
claimants. which OF those bodies la wfully rep
rssents the people from whom they derive their
The court must know for itself whose enact
mems i viii recoEnize rs laws ot binding
When Grousht judicielly before it. In thou
sand ways 1t becomes essential that the Court
shou forthwith ascertain and take judicial
legislature
McCrary says:
Where there are two bodies. each claiming
Il Is to respect and execute the acts OF such
LEGISLATURE. must OF necessity decide which is
Quoting from McCrary again the Attorney
General brings the case down to the exact
In case OF q division Of u legislative body
that ought to be a unit it becomes important
e determne which is the legal and which tn.
has maintained the regular forms OF orgnniza-
body, or. in the absence OF these. according to
the laws customs. and usaaes of similar
TSs Ine affords The Best possbls tss az ~ is
In all cases where part OF a legislative body
remains and where the body Is to be com pleted
By the reception OF new members. tho old
members who hold over remain as an organ
Ehen the whole body proceeds to the exercise
OF all Its functions. The new members though
they be 10 the majority. must meet with the
proceed regularly with the organization Of the
body. aud they c'Enot assemble elsewhere
selves with theiex!stinG body, for The Nom
beers holding over. though they may be In the
stitute a quorum. are yet the body for the pur
pose OF receiving the new members aud act as
the organs OF reorganizing the body"
that the senate OF New Jersey is q continuous
body under the Constitution OF the state. and
Inc majority. must attach themselves TO the |
hod-oyer members and submit their creden- |
would he dan gerous.
Neither clamor nor partisan zeal" contin- |
nes ths Attorney General. can alter the |
propositions established upon such high |
and founded on tho nature OF the |
Goyernment as IL was created by the fathers.
The question which OF the two bodies |
claiming to he the Senate OF New Jersey should |
Do recognized by the Courts will In svitably at |
30 distant day be presented to the Supreme |
Court, and that Court Will not hesitate TO de- |
side the question when properly presented.
One mode Of bringing It before the Court |
would be an Information in the nature OF quo |
warranto directed TO Maurice A. Rogers claim |
ing to be President OF tho Senate. calling upon |
him to show BY what authority he assumes to
exercise the ONCE Of President OF the Senate
had been informed that this course would |
bs satisfactory to the body which assumed to
slect him to that ONCE. and II Mr.. Rogers and
his friends had been willing to facilitate the
and interpose no technical objec-
lions, this would have been the quickest mode
81 having the question determined, but learn
BOW that would receive no aid In brin cling |
the matter TO . sreedy conclusion. And Il Is
therefore. whether a determine
uon would DO reached in advance OF a decision
Of the same question which Is certain to be
presented In another form.
. doubt. therefore. whether II Is the duty Of |
the Auorney-General to attemp t 10 bring the
matter before the court In advance OF the
time when II will reach there through the or
dlnarJ channels. II not being apparent that he
Will thereby promote the public WelfATa and |