The evening world., 1894-03-09
NEW JERSEY.
Mr.. ADRA|N HAS NO TITLE.
So Argues Lawyer Grey in Tren-
ton Quo Warranto Proceedings.
Therefore No Cause for the Issue of
the Writ, He Claims.

TRENTON. n. j., March Samuel
II. Grey, OF counsel for President Mau-
rice A.. Rogers, continued his argument
before the Supreme Court this morning
in the u warranto proceedings brought
ny the Governor to determine which Is
the lawful New Jersey Senate.
Mr.. Grey argued over an hour yester-
day afternoon, and this morning he
argued on the right of the members
elect to be sworn in as member OF the
senate on their certificates of election.
Mr.. Grey said that by decisions of the
Chief Justice OF the United States, each
mouse of the Legislature. after their or
ganlzation. is the judge OF its members.
But" sad Mr.. Grey. before the or
=anization the members-elect holding
certificates Of election are the ones to
organize. Until after that has been done
the election certificates are lawful evil
dence of their right to act"
Chief Justice Beaslev interrupted Mr.
Grey with this question:
rs there any instance OF the rejection
W the Senate of the incoming Senators
who have actually taken the OATH"
Not to my KNOWLEDGE" replied Mr..
Grey. The minutes for the past htty
years do not indicate any such act. !
sneak now Of the denial OF the. right
Of a cert.fcated Senator to participate
n the organization
Mr.. Grey's answer to the Chief Jus
tees question showed that the present
case was the only one in which persons
holding certificates of election were re-
fused admittance to the ORGANIZATION.
on a somewhat lengthy argument as to
whether 1t was an exercise OF legislative
power when the mate decides that a
mmber was not elected.
Mr.. Grey held that. as distinguished
from a judicial function. he did not think
1t was. The House. he held. when orga-
nized, takes from the constitution the
turn of It's own members, but until the
organization takes place, this cannot
he done, as the act is not derived upon
n person or a few. but the whole House,
whether true or false. stands as prima
facie evidence emitting the person hold
ing 1t to participate in the organization.
Mr.. Grey next touched upon the ques-
ton as to whether there was such a
position as temporary President. He de
MED that nine members, which was less
permanent organization
Therefore" said Mr.. Grey. as the
Constitution dos not recognize such an
office as temporary President: Mr,
the minority OF the Senate. He has no
title to inquire into, and as Mr., Rogers
is the only man holding the office. there
is Therefore no cause for the issue or a
writ of quo warrants
Mr.. Grey characterized the nine
Democratic Senators as an impotent
and arrogant absurdity, and said as q
Senate they were about as useless as II
they had each remained by their own
fireside enjoying domestic felicity.
Mr.. Grey in closing his argument said
that the stuat.on as 1t now is. was dis,
graceful. extraordinary. scandalous and
Outrageous, and in view OF the example
which 1T would establish; he PRAYED
God that the vour would not deliver
an opinion upholding the Adrain Senate.
Allan McDermott. couns for Presi-
dent Robert Adrian, followed Mr.. Grey.
The first part of Mr.. McDermott's ar
gument was upon the question OF a con-
tinuous Senate. Mr.. McDermott said
hat the whole OF the argument In Mr..
Rogers's behalf was upon the fact that
a certificate of election was prima-
facie evidence. He would produce ar
gument to show that the section of the
election law under which this was held
had been entirely abrogated by the State
constitution OF 1916.
Mr.. McDermott's whole argument was
based upon the line that after midnight
of a s, 1894. the Senate of New Jer-
sey consisted OF thirteen members, and
as seven constituted a majority. Mr..
Adrain was therefore lawfully elected
President OF the Senate.