The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-12

THE LEGAL SENATE
Argument of Allan L. Nc
Dermott Concluded This
Morning.
JUDGE ABBETT's APT QUESTIONS
Ex-Judge Stevens Contends Neither
Body Had a Right to
Organize.
Special to the Jersey cstg Neaus.


TRENTON, March 10, 1894. Allan McDer-
mott continued his argument in the quo
! acarranto proceedings before the Supreme
Court this morning. He had evidently
taken advantage of the recess from Friday
and had greatly enlarged and aInplifed his
brief, with view of disposing of the en-
barrasing questions which were put to hun
by the Judges of the court on Friday He
quoted extensively from the Congressional
Record and rules of the United States SEN
ate to show that that body is a continuous
body, and consequently the New Jersey
Senate, of which it is the prototype, is also a
continuous body
Judge Dixon finally interrupted him to
say that there could be no doubt that the
Senate, once organized, could admit or re-
| ject any member it chose.
Mr.. McDermott said that was so, but the
Senate was organized in 1S45, and has been
in continuous organization since.
| Chief Justice Beasley asked If the Consti-
| Senators to take an oath before being adj
mitted.
Judge Dixon looked up the Constitution,
and found that it did not, except in the case
of x-Confederates. S
JUDGE ABBETT's APT QUESTIONS
Judge Albeit asked, If supposing, that the
| thirteen holdovers were the legal Senate,
could they proceed to pass laws until they
had performed what the Constitution re-
| quired them to do?
Mr.. McDermott thought they could
| Further along in the discussion Judge
| Albeit asked if the Adrain body was the
Senate, what power had the court to ques-
ion their action
.'None whatever" Mr.. Med replied.
"But the court could decide that they were
| the Senate and had the right to do what they
had done and if another body set itself up in
| opposition the court could question that
body by quo tUGaTdnto."
Mr. McDermott then asked how the seven
| Senators-elect became members of the SEN
ate-who passed upon their credentials!
| They must have done SO themselves. If the
| four Republican hold-overs had the right to
| admit the newly elected Senators by quo
aoarranto the Adrain Senators could admit
any one who came from the counties in
which Senators were elected last
might chose to present. He also
contended that if the four Republican hold
overs had the right to go off and organize a
| Senate, any other four, or three for that
| matter, had the same right and SO if the
Republican position was right there might
| be two or three, or even four Senates.
| Mr.. McDermott closed at one o'clock, hav-
ing spoken over four hours.
| EX-JTDGE STEVENS ARGUMENT.
| Upon the reassembling of the court after
the afternoon recess ex-Judge Stevens
began his argument. His first
point was that writ of quo
| aca77,anto in the present case could not
issue unless it could be shown that some one
usurped the power of the Senate. He next
! claimed that the words of the Con-
| stitution saying a majority of the
| House shall constitute a quorum to do bust
ness means majority of all the members
of the House. This brought the ques-
%irv,6 6Nrxr,, 10 hat 10 <f,o Nf fle
Senate In the meaning of the constitution
He claimed that it was one from each
county, and that a majority of that body
| was eleven, and that according to that
view of the question the organization of the
nine members which elected Adrain Presi-
dent was not a constitutional one. He
next claimed that it is pres
| of Senators are in the Chamber, and do not
| object to resolution they voted for it.
| But in this case the Republicans
| made such objection when they withdrew
| from the Senate Chamber SO that it is i'm
| possible to presume that they voted for the
| resolution passed after they left to the eff
feet that Adrain should he President until
his successor was elected Therefore the
/ writ ought to be issued against Adrain be-
cause he was not elected by the majority OF
the whole House contemplated by the Con
| stitution.
NEITHER BODY A SENATE.
As to Rogers the whole point turns on
whether the Republicans had the right to &c
| off by themselves and form new body. He
could not see any circumstances to warrant
them to believe that the law or Constitution
was going to be violated. Daly's reso-
luton to refer the credentials of
the newly-elected Senators was law
| full and Constitutional Our position
| is that there are two centending bodies
neither of which is the Senate and hac
no more right to elect a Senate than this
| Court had. He then proceeded to discuss the
question of jurisdiction from that standpoint