The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-14

Adrain. He certainly never was, never pre-
tended to be President of the Senate Upon
the papers and upon the facts, he holds mere
ly the place of temporary chairman or a
minority of the Senators There is no con-
troversy, no place for litigation upon this
subject.
It is equally clear that no writ can issue
against Maurice A. Rogers. He is President
OF the Senate, elected by majority of that
body, duly assembled according to the Con-
stitution No court will challenge his right
as such, or interfere with the legislative de-
partment of the government. But outside of
that lis right is clear. There Is no reason to
lille any information against him.
There is no controversy whateyer-no dis
pute of any kind may add that the only
Governor and the Attorney General were de-
ceived by false statements and especially by
false journal. Now, the facts proved and
admitted have swept away all doubt.
/ say that by a journal that is untrue, both
the Governor and the Attorney General were
misinformed, and in the most material point.
They were therein told that thirteen Senators
had Joined in a meeting of the Senate, in
which Mr.. Adrain was elected President of
the Senate
This is now admitted to be grossly untrue.
The Republican hold-overs did not join in
the meeting On the contrary, they and the
rest of the eleven did nothing but protest
izaUion be made by all, and on refusal of this
demand they Immediately proceeded to effect
such organization themselves
1t was after they left that Mr.. Adrain
was chosen, and then only by a resolution
continuing him as President pro tenlpore.
In this matter the Attorney General was
certainly deceived. His opinion was wholly
founded on the false statements of the jour
nal But the evidence has swept away all
shadow of Abrams election by quorum, or
meeting containing-a quorum. His So
called election was while but nine were pres
ent and only as temporary chairman.
ToDAY'S ARGUMENT.
At the opening of the quo acarranto pro-
ceedings, this morning, Mr.. McCarter re-
sumed his argument. He made strong
point against Mr.. McDermott's claim that
the Senate is a continuous body by
quoting from the record in the
Stuhr Mcdonald contest for the
was unseated by the Republicans in 1890.
The Democrats controlled the Senate of 1891
and about the first thing they did was to pass
resolution turning out Stuhr and putting
in Mcdonald. This resolution was intro
duced by Governor Werts, then Senator from
Morris County, and set forth that Mcdonald
was unseated by the 'Forty-sixth Senate of
New Jersey"
Senator Werts did not know that there
could not be Forty-sixth Senate" said Nc
Carter sarcastically, turning to Mr.. McDer-
mott, according to the contention of the
counsel for Adrain."
Referring to the argument of Senator
Werts on the resolution, Mr.. McCarter
showed by quotations from Senator Werts'
speech that bis argument meant that the
Senate of 1890 was a different body from
that of 1891.
ACCUSATIONS OF FALSEHoOD.
Mr.. McCarter aroused the wrathful indig-
of i,,Ho Ind
as he proceeded. He was talking about the
police in the corridors, who, he said, were
put there by the Governor, and the ladder,
by which the Adrain Committee on the day
of organization, made its way out of the
Chamber, when Mr.. Lindabury interrupted
him to say that there was nothing in the evil
dence to warrant such statement.
"What an error have fallen into there,n
said Mr.. McCarter, and he went on with his
brief
After while Mr. Lindabury interrupted
him again and hotly declared that the last
two pages of Mr.. McCarter's brief was abso-
lutely false. His side had been fair in facts,
and he thought Mr.. McCarter could be SO
too.
Mr.. McCarter replied with some warmth
that he knew his duty, and his reputation
guaranteed that he would doit.
Judge Dixon asked of what use was that
line of argument before the court.
Mr.. Lindabury said that it were for the
galleries, while McCarter said that it was to
show that those facts he set forth were part
of the great conspiracy.
This brought Mr.. Stevens to his feet, white
with anger, and in a taembling voice he
said:
myself in that conspiracy, do you.
''This seems to affect the inside as well as
outside" said McCarter, as he went on.
Mr.. Lindabury again interrupted the
speaker to deny the truth of his facts, when
the Chief Justice stopped him by saying that
the court had the testimony before it and
would Judge for themselves.
Mr. McCarter then finished his argument.
COURTS REQUEST AGREED TO.
At its close Mr.. Certlandt Parker announc-
ed that the Republican counsel agreed to the
suggestion of the court made yesterday that
if the court assumes jurisdiction and allows
the information to be filed, the counsel
would stipulate that it should be considered
that the preliminary steps had been taken,
and the question was before court to be de-
termined on the argument now in pro-
gress. They, however, wanted an
addition As the court is constituted today
there can be no appeal that can be taken in
three years. In that time, however, the
personel of the court might be so changed
that there would be an appeal. They, there
fore, wanted to reserve the right to appeal
the question of Jurisdiction If they wish
This was agreed to by both sides and then
Attorney General Stockton proceeded to
close his argument for Governor.
ATToRNEY-GENERAL sToCKToN's CLAIMS
Attorneys General Stockton followed He
said he would argue the question of jurisdic-
tion and reply to the counsel on the other
side tomorrow. His argument today was,
in substance, this
tsThere Is really but one question In this
case. 1t is simply a construction of these
provisions of the Constitution which created
the Senate of New Jersey. The court cannot
alter or amend these provisions. 1t cannot
reject the plain import of the word because
the result may seem to this court at this time
in the light of experience to be convenient
Such questions were debated and considered
by the trainers of the constitution before
they were adopted and ratified by the
people. 1t is the people who made
this constitution, and it is the sworn
duty of every officer connected with this
Government, whether with the Judicial, the
Legislative or the Executive Department,
to support the Constitution of the State and
the United States, and that includes such a
construction of the language employed as it
plainly imports.
ssIf construction not inconsistent with
the language has been given to those pro-
visions from the time of their adoption to
the present time without contradiction; has
been adopted by all the commentators; has
been announced by the ablest constitutional
lawyers in the Senate of the United States,
and with the knowledge of that
construction has been incorporated into our
own Constitution by its trainers, and the
custom in New Jersey from that date to the
1,f.ocnut dav has hpar1 n acoordouoa witt,