The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-03-27
Recognized by the Court.


The Supreme Court on Wednesday rem
dered a decision in the Senatorial case.
The first point in the controversy wheth-
er the court had jurisdiction in the case
was decided in the affirmative.
The contention of Attorney General
Stockton that the Senate is a continuous
body was brushed aside by the court
The construction put upon the clause in
the Federal Constitution which makes the
United States Senate perpetual organi-
cation does not apply to the clause in the
New Jersey Constitution.
The Chief Justice held further that the
contention that the minority could rule
in legislative body was antagonistic to
the language and spirit of the constitu-
ton and in violation of the doctrine that
the will of the majority shall be supreme.
The constitution fixes time for the an
nual meeting of the Legislature. This
would be superhuous provision if the
Senate we're an everything body.
The Chief Justice next brushed aside
the contention that the hold-over Sena-
tors held the exclusive and absolute
power to pass upon the credentials of the
newly elected Senators. This was the
first time since the adoption of the con-
stitution that such a claim had been
made. 1t was novel. but groundless. The
court, in its conclusion, held that the title
of Robert Adrain, as President of the
Democratic Senate, was invalid, and that
the title of Maurice A. Rodgers, President
of the Republican Senate. must be re-
garded as constitutional and valid. The
organization of the Republican Senate
was upheld.
Following is a synopsis of the opinion.
BEAsLEY, CHIEF JUSTICE.
This case has been placed before the Court on
rule to show cause why an information in the ma
ture of quo warrantO should not be issued against
these respondents, each Of whom claims, and to
some extent has exercised, the office of President
of the Senate Of New Jersey. Under this proceed
ure evidence has been taken, and it thus appears
that the q Senators of the State have divided
themselves into two bodies-that Is TO say, nine OF
the old members, who were styled in the argument
"hold-over members" constitute one Of such
bodies and four hold-over members with seven
new chosen Senators constitute the other body.
Subsequently newly chosen Senator Joined him
self to the body made up OF hold over Senators,
making that body to cpnss' Senator's the
other consists. as just show ~
The Adrain so called Senais Ia been recogniz-
ed officially by the Governor and remains in aes-
sion. The Rogers so called Senate is recognized
officially by the House Of Assembly, but has been
refused official recognition by the Executive; 1t
has passed various laws, and, with the cO-opera-
tion Of the lower House, has appointed Treasurer
and Comptroller of this State.
The feet of the present course Of law is 70 es-
tablish by judicial judgment which of these CON
testants Is the genuine and which the spurious
State Senate, for they cannot both be genuine.
But before proceeding 10 dispose of that import
ant question, the counsel of Mr.. Rogerss Senate
have interp0sed preliminary one that Is, wheth-
or this Court can take cognizance of such litiga-
ton. IL is confessed that the argument on this
subject, denying the existence of the judicial pow
er in this position, has not been embraced. In my
judgment II Is founded In all its parts a sheer
petiti0 prinepii, OF general legal principle 50
entirely established not 10 be debatable for II
proceeds on the assumption that the Senate it adj
Yocates Is the constitutional Senate, or that the
judgment Of a majority of the Senators elected
with respect to this position, whether OF not they
have organized in violation Of the Constitution OF
the State, is conclusive and final. It will be OBJ
served that the contention Of the applicants for
this writ Is that the Rogers Senate has no legal
istence, inasmuch as II was organized in manner
contrary to this fundamental law and the pr0yo-
stiOn, therefore, would seem very evident, that al
no power Is vested by the Constitution in this ma
iority Of Senators to construe such law in this
spect. the power 10 expOund and enforce II IL
lodged in the ordinary legal tribunals.
That this Court has the legal right to entertain
Jurisdiction In this case, displayed by this record
we have no doubt.
And we are further Of opinion that It is scarcely
possible to cor ceiye OF any crisis In public affair
that would more imperatiyey than the present
one call for the Intervention of such Judicial au-
thorify.
with respect to the further contention that the