New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-22

has perpetual life, and that consequently mefnper
elected to one OF its seats cannot enter ~ , uI1
body: II is not and cannot be pretendeh that ti.is
doctrine has had its root and distinct eHI,,ni,,
the creature OF construction o.,o. ror,,rer,
The only provisions Of the construction pe''''e
tnis ie0' section Revised That the legsla
tive power shall be vested IN Of the same
ton it is provided that members ol ,he 1e and
every Year on the first Tuesday after the hrIi
Monday Of November. and the two houses rs snat
meet separately on the second Tuesday OF January
next after the said day OF election at which time
OF meeting the legislative year shai h ri
ha comnrIsed of one Senator from each county OF
the State elected by the legal voters OF tne county
rrappb Of section of article T. it is provided that
as soon as the Senate shall meet aier tne rfSt
ton they shall be divided as quickly as may ,H We
into three classes the seats OF the ~ he
first class shall be vacated at the expiration 90 M ~,
first year; OF the second class at the eNp,a M Va
the second year. and OF the ,hird cS c,ss NAV be
pratiOn OF the thifd year, 50 'h"' '''' ~ -'
elected every year
no DEFINITION OF THE sENATE's LIFE
II IS apparent that these citations fully JUSTIFY inc
remark Just made that the constitution does Ho'
attempt 10 define the life OF the senate yet NOV
wthstandng its silence, the Attorney-Heherai anu
the counsel Of President Adran raised the con-
tention that the Senate like the Senate OF 'he
United States has a continuous existence mat
there can be no such thing as old Senate ana a
new Senate and that there has been an unbroken
continuity of existence of this body from It's brth
till this hour and as corollary OF ms h IT,
Is nr'9eG g nstei Gbe .r rrb , Of the newly elected
Senators when they aFpy ior adniIas ai receive
or reject them at its will
In the application OF this theory to this case,
II is claimed that the body presided over by Adrain
had The right 10 require the credentials. that the
Standardized should be placed before 1t to be or
daned and to be adjudicated upon at such time,
and in such mode as itself might deem proper. II
the State Senate has the inherent vitality mus AZ
serted. 1t seems to be undenisbe that II hah Lne
power to the occasion that has given rise rise
to this en % by de s @n ba isS Sae House
shall be The proper judge Of the election returns
and qualifications OF its members =. ,.o oues,,or
now to be considered and decided By this court Is.
has the Senate Of this STAT the perpeuy ahnS
pressed with earnestness and force upon the at
er a,i and his assOciae Mr. McDermott, ground
ed almost entire,y upon ne fact that the clause
bers Of the senate 4 continuity Of llfe by sue sue
cession 90 members In such a way that provides
Of similar provision in the Federal constItn-
ton. and II was thereupon further insisted that me
were 10 assume the truth Of the foregoing state
nent In all It's parts no one could doubt that the
great weight 1t cannot be denied that the section
is In substance copy Of clause Of the same i'm.
the clause so imported antecedently had received
an authoritative INTERPRETATION. It would be bu,
law many of whom were juris,s OF great learning.
understood the provisions In the sense thus con-
ferred upon II. and. under such circumsta no
other conclusion would be AT all rational.
HOW STATUTE SHOULD RE INTERPRETED.
The rule is well settled. said this court in Fritz
v. Cali 22d Vroom l9l. that where statute on a
constitutional provision OF doubtful import has been
adopted in one State from the statute cons,Itu-
| ton Of another State. after practical construc-
ton has been given TO the language OF judicia!
discretion IT will be presumed that the n.erpretA-