New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-22
PoMMERY
l. "SEC"
CHAMPAGNE NATURE (Vin Brut)'
"Aigh Grade Champagne OF
uniform quality

uniform quality
| has always been understood ana ac'e' "P 49,
1t therefore is plain that II Is direc'u', ~ ,
Senate TO organize for the expression Is; ! nc wv
| houses shall meet separately" Both houses hele
are placed upon the basis for The mus Similarly
pose and most assuredly they are 'nu n,e enualiy
essential to the legal existence Of each BODY vearly
Assembly is Of our saa SSdy See rea
APPEARANCE to do precisely what the Asseh hers
70 DO m sgSnsa a on Son sSe
and the Senate 10 confer al an Such regua
| ton is appropriate TO body that expI,ess Is
| bu It is inappropriate and unprecedehte5 III ner
application TO a body that Is possessed Vi pN
In the practice Of the United States s senat the wf
no fixed day for the admission Of new mem are
elect The certificates Of incoming cSnwsnient &C.
casons and are thus sevcrally passed upon FROM ON
the in s aaesbe e that
the senate OF this state is no more continuous
The two remaining regulations Of the n sec ssms
cited lead strongly as It Is deemen 10 rne in the
language OF that the two houses s9 bat
meet separately on etc so~ 9f necessity be
denote the members Of such hS a r. time
specified that there is House OF Assembly IN ea
lsence Ascrbing then this necessaTy d.
recto1 that The members Of the senate shall assem-,
bic AT the time specified in order 70 orsanzej IL
iss noi9" q connu6us Aso in he ps ss
s When me such year shall begin and when 1t shall
end tends IN the do sS Ms precbd periods A Of
The legislative year hTs esta6li'hsa and II
snearS 'i reasonabie to suppose that meant
to accord With the Senatorial life Of equal extent.
PRECEDENT AGAINST THE RUMp SENATORS
find after a very careful study Of the consttu-
ton OF the State my conclusion Is that It's iht'ma-
tfons are all this effect, that the claim advanced
| for the first time this occasion that the senate
| is a permanent continuous body Is without any
| valid foundation: has there been found any
more substantial basis for the doctrine just as
cari in the past practice Of the Senate In respect 10
its yearly orga MIA The practice may De mus
generally described In the first instance. the senate
under the constitution was Organizer as lli ny
~ 5cn nh f Then for some Years afterwar upon
tho Senators converting roll containing the names
years tho practice 10 cali the names only OF the
holding This was not before a% ,h
oath Of Office and their credentials had already neen
SDdn t9t TO 9 the bay ~
se S c S%s i5Ty BY the
in substance purely formal. as much so as though s
Senator'S TO inspect and to report upon the ereae s
tals OF the new Senators On no occasion did they
pretend to be possessed OF any other power
| is 10 which
Indicate on the right OF Senator-eect 70 his seat
nor di they ever hold such right in surerance.
for m, he nrst time. and after lapse Of half
iury II certainly would be most strange circum-
Of such power was never manifested by a single
wori or single act. The claim Of such an I'm
noyeI,y and Ike most novelties in legal matters, is
not well-founded. 1t Is likewise in this connection
Senatorial action was regulate1 by the Eth sec,
ton OF the relating to elections Rev SS3. which
| fs ia a..
That the senate and Assembly shall convene
and hold their sessions in the State House in Tren-
ton and in the organization Of such House the certi
fed copies Of the statements OF determination made
shall BE- deemed and taken TO be prima face eyi-
dcnce OF the rlch, Of persons therein mentioned 70
the In tho houses respectively to WHICH they
shall have been determined 10 bc elected
The SENATE Not A CONTINUOUS BODY.
No one can look at this act and fail to perceive
that Is absolutely rreconcilable with the theory
Of m eyercxistcnt Senate. This Is SO entirely the
case that the very astute counsel OF President
Adrain Insisted that 1t was void. 1t attempted TO
prescribe to an existing Senate rule controlling
~ action In matter committed to us exclusive s
postuat,d By counsel that tho Senate is ever-v-
Ing. his argument was invlncible. but the existence
cycle Of Years exhbi.ed in a very Impressive form
the fact that the cotemporaneous construction OF
the Constitution in the particulars In question was
adverse to the present, claim which | have dcsig
mated as novelty. This statute is not 70 be mis-
understood I'm this respect that II provides for the
introduction OF Senators by the process OF orBanza
ton. and IL rejects altogether the ldea OF an 40
mission Of Senator's into body already formed as
continually existing
When We add to the fact that the ancient and
In obedience this law the further circumstance
must Of necessity be yearly organized. and tina,
in the performance Of this ultimate act in such
dent. all the Senators elected have Invariably CO.
operated. the pretence OF continuous Senate mus
that would convert this customary method Of
Senatorial procedure into a practice to admit mem
> hcrq into "A therefore
the fact that such theory Ia a novelty undreamet
Of for half century IL OF ITSELF enough 10 explode
. In legal affairs 1t Is the practical and common
neither the affairs OF men nor Of State can be regu
! lated by logical refinement. Where subtlety be
gas ns & sh ha TO- haye oreyae
! for so long a time | feel great confidence that
have not fallen into SrT9r hs nosr me h
nations Of the Constitution Itself az well as by
long continued and practical exposition
ROGERS THE RIGHTrUL PRESIDENT
The result Of the inquiry before us Is that have
! concluded that the Senate OF NewJersey is not
continuous body but that It expires annually II
the same sense that the Assembly docs Therefor,
our conclusion is that Mr. Adraln has not title L
the Office that he ostensbly holds. and that the ap
propriaie 1udsinent must be entered against MN
. Mr. Rogers. We hold that his title must be regard
ed as constitutional and valid
, our resolution In this regard is founded entirel,
the power that touching the act OF reorganiznt
its own body the majority OF senator u are IN
, taken by body coordinate with ourselves. ant
whose proceedings. when not violating the Constitu
ton Of the State. have not capacity to super
, In our opinion. when a majority of the Senators
: organized the Senate and elected Mr. Rogers Al
president such action was. and Is conclusive upoI
this court. we'll upon all departments OF tn
4 Let a judgment be entered accordingly.
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