The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-05-19

a Senate under the Constitution. II they
had this power, this court cannot review
their action for any reason whatever. "Ihe
question of power alone can be considered by
this court. This court has no right to IN
struct the Senate as to matters which IN
wolves its duty only and not its power.
1t maj be stated with confidence that a
certificate Of election entities the holder to
no right whatever, as against the constitu-
tionai power OF the ever exis tiug Senate to
take such action thereon as it may decide
to be proper.
The considerations stated having led me
irresistibly TO the conclusion that the Senate,
at the commencement of the legislative ses-
sion of 1894, was a continuous body, COM
posed of two classes of hold-oyer members, 1t
necessarily follows that, on the 9th of Janu-
airy, 1894, the thirteen hold-over Senators,
who composed the two classes OF Senators
whose terms had not expired at that time,
were the Senate of New Jersey, and as such
had the exclusive right to decide upon the
| qualifications, elections and returns of the
eight Seuators-elect If this be established,
then the body composed of seven Senator's
elect and four hold-over Senators was not at
that time the true Senate OF New Jersey,
authorized to determine the elections, re-
turns and qualifications of these Senators
elect and had no power to elect a President
of the Senate
ADRIAN o A PRESIDENT.
The question still remains, was the body
which elected Mr.. Adrain its presiding
| officer, the Senate of New Jersey?
The Constitution provides IN reference to
the Senate and Assembly that "a majority
of each shall constitute a quorum to do bust
ness. (Article 4, Sec. 4, par. 81 This para
graph should be construed in connection with
Article 1, Section 2, which provides that
"the Senate shall be composed of one Sena-
tor from each county in the State" This
taken together would require, in this State,
eleven Senators to constitute a quorum" to
do business
Mr.. Adrain was not, on the ninth of an
uary, 1894, President Of the Senate by
reason OF his election as such at the session
Of 1893, because the Senate in 1893, in the
exercise OF it's power to choose its presiding
officer, had limited his term of office to that
session. 1t is further contended in his be-
half, that the four holdover Senators rati-
fed the proceeding of the nine by their ac-
quiesence and that if that contention cannot
be sustained, he is nevertheless the President
| of the Senate, because nine Senators were
two more than a majority of the thirteen
Senators then holding office and that conse-
quently their action was the action OF the
Senate.
/ assume that, on the ninth of last Janu-
ary, the presence and participation OF at
least eleven Senators were necessary to con-
stitute a quorum of the Senate of New Jer-
sey. At the usual hour for commencing the
annual session Of the Legislature there were
bur nine Senators in the Chamber, and it
was not within the power of these nine to
choose a President Of the Senate or do any
other business, as a Senate. They had, how
ever, the right common to everybody, to
choose ore Of their number to preside over
their deliberations
REPUBLICANS DID NOT PARTICIPATE.
The Constitution confers upon a lumber
less than q quorum the right to adjourn from
- - ILL., ( ~-.-Lx - 800 -
an orderly manner it was proper that one of
such minority should be called upon to pre-
side. The person thus chosen, to provide
4 form for the doings Of this minority, would
not. however, be the President.of the Sen
ate, because the Senate was not present at
his election. It is further commended that
after Mr.. Adrain had, upon motion adopted
by nine Senators, taken the chair, the four
other hold-over Senators appeared and
thus supplied the number necessary to
constitute a quorum. Ii the four had
as q matter of fact, joined the nine in acting
upon the resolution which Is depended upon
to secure Mr.. Abrams title, there would be
good ground for the contention in this case
that he was elected President by their votes.
The meeting of the thirteen hold-over mem
] bers would then have constituted the Senate
OF New Jersey, and they could have proceed
ed to the enactment of laws and have done
all other acts that q Senate of twenty-one
members may do.
The four, however, insist that they did not
join the nine, that they did not act with
them, and that they were present only for
the purpose of demanding the induction of
certain Senators-elect upon the presentation
Of their credentials. They further insist that
their demands meeting with refusal, they
withdrew from the company Of the nine.
The evidence in this case clearly supports
this claim, and the mere presence OF the four
in the Senate Chamber, III the attitude of