New-York tribune., 1894-03-10
THE HEARING AT TRENTON
ARGUMENT CONTINUES BEFORE THE
SUPREME COURT.
SAMUEL II. GREY DECLARES THAT THE CUES
TIoN OF PRESIDENT RoGERs's TITLE Is
BEYOND THB JURISDICTION OF THE
IBY TELEGRAPH TO THE TRIB-yE. !
couRT-Boss MDERMoTr HEARD.


(BY TELEGRAPH TO THE TRIByXEl
Trenton March 9.-The entire day taken up
| by the Supreme Court In hearing the convincing
and eloQuen: argument OF Samuel II. Grey, coun-
sci for President Maurice A. Rogers, ana Allan
L. McDerrnott read part of his essay to prove that
the Senate OF New-Jersey was continuous body
Then the Supreme Court postponed further argu-
ment on the quo warranto proceedings until Mon
day. tomorrow being legal halfholiday. Mr.
McDermott WI complete his argument on Monday
and ex-Judce Stevens will follow him. and Mr.
Stevens will be answered by Thomas y. McCarer
who will close the case 1t Is not probable that the
lawyers VIII finish before Tuesday. Mr. Grey. for
President Rogers made one Of the greatest extern
poraneous arguments heard in the capital in many
years He discussed the question OF Jurisdiction OF
the Court and in doing he said the Court must
take into consideration the whole question Of the
Senatorial deadlock and the manner in which Presi
dent Rogers had acquired his title or they coud
not consider the question at all The Court and
the Attorney General had been deceived and i'm
posed upon by lying alleged Senate journal Robert
Adrain was not president OF d Senate. because a
temporary president was not provided for either
by law or the constitution. and. therefore, the
discretionary writ of quo wdrrdnto could not be
directed 10 him. The writ could not issue - Presl-
dent Rogers, the inquisition can only be made
by tribunal having power 10 investigate and de-
termine the title challenged That tribunal Is not
this Court 1t Is the Senate OF New-Jerscy when
organized house. there can be no president
of the Senate who IS not himself member. and
as such chosen by the majority Of the members.
The initial inquiry into the question Of title in
wolves investigation of the election. qualification
and returns of those claiming to be Senator's.
BEYOND THE REACH OF TIE COURT
Into this field of investigation, said Mir. Grey. 'hs
Court cannot enter. The constitution cOnfcrs upon
each house this sole power. The two Legislative
houses have each the power TO determine the rules
of its proceedings and punish eXpel its members.
and every officer of the Legislature is required to
take an OATH the form OF which is prescribed by
the constitution, before he enters upon his duties;
The President of the Senate Is an officer described
in the constitution. But Robert Adran took no
The counsel explained at great length the quail
ications Of members Of the Legislature and said
the fact that the President of the Senate Is eN-
ofiicio member Of state boards Is inSgniicant be
cause it is not sought to challenge his title as
member OF any board, but as President OF the
Senate. In the event of his temporary assumption
of executive duty he is not described as Governor;
but as the person administering the government
after the necessity arrives for the President OF the
Senate to administer the government. Ihe senate
has judicial powers as well as Legislative powers Vr
they are the judGe |of the quaiincations oi th,it
the same time as the Governor himself, draws ms
title directly from the people ana no commission
office rests upon his election by the members of the
body composed of those whose priIna la'ie TEht
to vote is not challenged. MI Grey cited many
authorities both in this country and England 10
prove that no such office a. temporary pI'Sip'n'
legally exists. III tile senate - Il ''Ht'"" '''F
why when seated in picturesque dignity he directed
the Sergeant-at-Arms to seat Mr.. voorhees, WHO
was vigorously and riehtfully protesting against IN"
outrage, and that gentlemen declined 20 r"cofnZe
that Sergeantat-Arms. why did not MI. Adrnin
assert the dignity the Senate by using his power
TO compel Mr.. Voorhees, to obey?
THE R1,MP SENATOR'S FIFTY CHARACTERIZED
Mr. Grey ended his argument in an outbutst OF
eloauence. declaring the action Of the nine Demo-
cratic revolutionsts to be "disgraceful extra
ordinary scandalous and outrageous.
Mr. McDermott confined his argument solely to
prove that the Senate of New-Jersey was con
tinuous Senate and that the conft tutlon was
framed after the Constitution Of the United States.