New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-19
,pRETT FILES HIS OPINION
Sc 1n ',r,ors BODY, But DOES UPHOLD
TUE MINORITY.
Nav 1S-Justice Albeit, of tn

Nav 1s-Justice Albeit of the Su-
Trenton today flied his long-awaited dissenting
plsnne -" - dual Senate case. The opinion OF the
oplnlon !" .,,sred By Chief Justice Beasley nearly
court g. ~ AGO that the Senate as organized by
tarce ,o,s in the early part Of January last
he Repu'',IIr oav and that the organization known
sas the Iee'o.r,tic Senate was unlawfully consti-
Is the soocprred in by all the Justices OF the
,s.ed' wac except Justice Albeit. who reserved
Supreme .xnression Of his views on the case I'LL
DE p".noon His opinion Is an elaborate docu-
bs S''o-,nC thirty-three legal-cap typewriter
psnL no reached the conclusion that neither or
isss o. AZ the time it acted was the true senate
;,s senate ,ha, the Senate is a continuous body
GM hat time consisted OF the 'n'r'eeh senators
ssi a ,ne two classes. whose terms of office had
csrpO'ins Justice Albeit concurs with the
rS "p"N tho Court in the opinion that the in
rninoe' ,,d,cial one and that the Court there
.u1 vas a. Sict.on 10 try the controversy.
ssr I Ju,hisct of what constitutes quorum or
~ s,ae' Nice Albeit says: Il assume that OH
Gg.ssnnt; LIST January the presence ana parucipa-
org al least eleven senators Were s,si Sonp
csasrute the annual session there were but nine
sf begn IL The chamber. and It was not Withln the
snalo's these nine to choose preSiueht oi ,r tne
poVer OF sn any other business as q Senate TheS
ssnate OF w The right TO choose one OF their num-
rad hoWeNs1nis The constitution cOnfers upon
Der 10 pfes",Jhsn a Quorum the right TO adjourn
number Jess asv and that this might be done in an
from DAY ~ il was proper that one or sucn
orderly mssnnnld preside The person chosen would
minority r he the president of the Senate because
not; ho"e'e,, rs not present at his election: II IL
be sena.s ,snded that after Mr.. Adrain had taken
further he four hold-over Senators appeared ana
DE chS. the number necessary 10 constitute a
Qaornm ,,- had as a matter of fact Joined the
III ine crnr upon the resolution when Is de-
rine ID 49, 70 secure Mr. Abrams title, there
Iendei ~ good ground FOR the contention IN TINS
Voul! ~, he was elected president by their votes
ass nns INA, ne OF the thirteen hod-over members
me m.s sn have constituted the Senate or New
xoull rS they could have proceeded to the enact
lelssl. i,rs ana done all other acts that senate
renl r'one me mbers may do. The four, however,
o. w,hs, they aid not join the nine. that they did
MSS 30. r,;h them and that they were present only
%. 90 rurnose of demanding the induction or GEL
Joy y" rss1rsnrselect upon the presentation OF tnelr
ul ,s.ias They further insist that. their demands
Gsu1in Nth refusal they withdrew from the com
nssmst ne nine The evidence In this case clearly
paa33 " This claim and the mere presence OF the
s wv IN he Senate chamber. in the attitude or
~. ,.nts and distinctly refusing TO act with the
r. srrspt upon certain conditions which were
ils.Is cannot be held to have supplied the quorum
Ts,ssary TO do business. IL, e.
~ Adrain was therefore only presiding officer
=, sho9y consisting OF nine senators, ana was not
TS.ssi president of the Senate by quorum or that
~ In view Of these conclusions am or tht
Ss,I,n that Judgment Of custer should be entered
szrst both respondents