New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-24
THE NEU. JERSEY REBELLION.


II is n fair and reasonable presumption that
Governor Wcris and the lawDrcakihG p'iho
Gratis Of whom he consents 10 be the illS'ru
mcnt would long ago have rcSoricd 10 TIE
court. exactly as they have done now pui I"f
a strong apprehension that the venerable 'll'l
Justice BcaSlcy and his associates on IN" p'hch
would decide against them. Ihcr" mas b''h ho
difficulty at any time in asking, aS IN" Demo
Gratis have now asked, for an orde' I" SNOW
cause: nor have they any other or greater r''>"h
now than they have had from IN" first To sup
pose that the legal Senate and lis officers Wo'lu
present its case in the court The dllll'ulN lS'
and all the time has been. that il Is beyond inc
power Of any court To take from III" minority
Of Senators duly elected the right 10 d'cd'
who are members of that body. rs me power
Of the court Is thus conStiutionally limited II
NAV refuse 10 go further than 10 ascertain
whether n majority of Senators are ana have
been acting in one body or the other
The ATTEMPT 10 make Il case at all has involved
the Democrats in Il falSchood which VIII u"
easily exposed and diSprovcd 10y the evidence il
the Republicans conclude 20 present any. Inc
Rcpublican Senators who have been falsely
and fraudulcntly recorded rs acting in the Dem
ocratic pretended Senate are able 10 TESTIFY t'
what they did. and whether they took any part
in the proceedings or answered To- their names
as thc raccrack SwindlcrS and their tools hav"
pretended If these Senators show that III 40
legal sense were they present or participating
in the action Of the minority, ne Oh" piilui
prctcncc upon which the Who'll" Democratic
usurn,tion rests will be- swept away. anl the
ninoritv Of Senators must I've adjulgri in
capabe Of constituting The legal Senate. II
would hardly be. prcicnlcl that Senator can
unconsciorIslv and unintcntion1lly confer Inc
o,tributcs and powers Of legal body upon
what would otherwise be- an unorSanizcd ana
lawlcsS minority.
THE question how FAR the Senate can
propcrly go in the direction 81 answering
judicial inquiry as 10 lis legality. Is moi - h'
lightly answered. II cannot diN'Si HN'Ii' OF
take any steps implying assent That any "'h'r
authorities should divcst H. Of the power when
il holds from the people under In" constitution.
Being the Senate. composed OF majority "l
the members entitled Ia act. II cannot hc any
thing loss or consent in any contingency 10
become anything less. nor can 1t part WIN Inc
right 10 decide, who are its qualified members.
But without abdicatnG any al lis rl-hts' II may
probably lind way 10 present brior" inc court
the ground for maintaining that MI Rogers
is the president Of tie only lawful Senate. and
that ne is recognized aS such by the only House
OF Representatives
The court il Democratic. but 1t Is not easy
10 believe that it will sloop 10 aid uSurpatlon
or 10 protect raccirack swindlcr> against the
verdict of the people y partisan decision
against the legality Of Senate composed of
majority Of duly elected Senators coulh not
bc respected in the proper sense 10y ahypod!'
and the obvious fact that the Senate could III no
way he deprived of lis rights by judicial de-
cision will not be- overlooked by The Senators,
nor by those who clothed them with lnwnaklng
powers Hence it seems not improbabl" mat
Democratic leaders, finding their case hopeless
as II stood. preferred To appeal I" IN" courts
with the hope that Il judicial decision might
open for them way OF escape from IN ihd''
feasible position