The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-09
AORA|N AND ROGERS
The Claims of Both Sena-
tors Set Forth By
Learned Counsel,
SAMUEL H. GREY'S ARGUMENT.
Asks the Court to Refuse the
Writ and Endorse the
Rogers Senate.
Allan L. McDermott Argues That
the Democratic Senate Is
the Only Legal One.
SAMUEL H. GREY'S ARGUMENT.
Special to the Jerseu citu Ns,es.

special to the Jersey Guy NeUS.
TRENTON, March 9, 1S94-The argument
in the quo roarranto proceedings, to deter
mine which is the legal Senate, was con-
tinued yesterday afternoon. Mr.. Courtland
Parker finished his address and was followed
by Samuel h Grey of Camden on behalf of
Senator Rogers. Mr.. Grey began by draw
ing attention to the fact that this was a most
remarkable case, chiefly because it was the
first time the Supreme Court of New Jersey
i, had been called upon to consider such a con-
troversy The rule to show cause which the
Attorney General sought was an invitation
to show title to the Office which was the sub
ject of contention and therefore if good title
was shown the court could not issue. That
point, together with the question of jurisdic-
tion would be the points which
he would consider in his argument.
If the Court was asked to decide whether or
not Mr.. Rogers was elected by the lawful
Senate. the court would not go into that
question, because the Constitution distinctly
states that the Senate is the judge of the
qualifications of its own members, and no
one but a member of the Senate could be its
President. The very first step to be decided
would be the right of Mr.. Rogers to seat
in the Senate.
QUESTION RAISED.
Judge Dixon interrupted Mr.. Gray to ask
If Mr.. Rogers should apply to the court for
writ of mandamus to compel the Comp
troller to pay him the extra compensation
due him as President of the Senate would
not the court have right to issue such man
damus, and would that not necessitate an in
quiry into the title?
mo; the inquiry would be as to the fact,
and not title replied Mr.. Grey.
Judge Dixon did not consider this as
answering his question, and he pressed Mr..
Grey for an answer.
The willy Camden lawyer replied that if
the Court proceeded in accordance with the
case of butcher vs. the Senate, it could de-
cline to have anything to do with the matter.
Judge Dixon remarked that the court did,
at which Mr.. Grey said he was not saying
what their practice was, but what in his
opinion it ought to be- At any rate he
thought the judges question was aside from
80 do I,n said Judge Dixon and Mr. Grey
proceeded.
He dwelt for some time upon the indispo-
sition of courts TO enter into enquiries of po-
litical matters, and then declared that the
question before the court was political and
not judicial one.
He held that the President of the Senate
was not State officer merely, but an officer
of the Legislature, a coordinate body of the
State Government. That being the case, the
court had no right to enquire into the title of
anybodys claim to an Office in that body, no
matter whether the person had right to
that Office or not.
Mr.. Lindabury asked Mr.. Grey how he
held that view when the President of the
Senate was in direct succession to the Gov
ernor.
Mr.. Grey replied that the Constitution did
not designate the President of the Senate as
GOVaruOr when ha StInrnn6a0 the (r0VarQOr.
but as the person to exercise executive func-
tions. So long as he is President of the
Senate, he is only legislative officer, exer-
cising the functions of the Governor
WHAT THE COURT COULD DO.
The next point made by Mr. Grey was
that when the court, as it should do, de-
clined to issue the writs of quo acdrrGnto
prayed for by the Attorney General it might
in the proper exercise of its judicial func-
tion express its views as to the status of Mr..
Adrain and Mr.. Rogers, Mr.. Grey referred
to the fact that the door of the Senate Cham
ber was locked when the Republicans ap-
piled for admission. This was an unusual
proceeding and he did not understand by
what right it was taken. Neither did he
know by what right residuum of defunct
Senate had taken upon itself the right to say
who of those sent to them by the people
should be admitted to membership In the
Senate.
At this point the court adjourned for the
day.
ToDAY's PROCEEDINGS. :
The crowds which thronged the Su
preme Court Chamber this morning
TO listen to the argument upon the
quo Uarranto proceedings to determine
which of the two contesting bodies is the
legal Senate of New Jersey was beautifully
sprinkled with ladies, an unusual sight in
the court room.
Mr. Grey, who was speaking when the
Court adjourned yesterday afternoon,
opened today's proceedings. He claimed that
the men holding certificates of election were
the Senators to organize the Senate,
and before organization no one
right to participate in the organization of
that body. Until the Senate is organized
these certificates of election were lawful evil
dence of the members title to his seat. If
the constitution and laws are to be followed
the members presenting such credentials
were entitled to take their seats and partlc1-
pate in organization.
THE POWER TO ORGANIZE.
The power to organize is not given to the
holdoyers or the newly elected Senator'S but
to what the Constitution calls a House COM
posed of one Senator from each county.
Chief justice Beasley asked Mr.. Grey if he
knew of an instance where the holdover
Senators had ever rejected from participa-
ton in the organization, member who ap-
cared with his credentials in one hand and
the oath OF office which he had taken In the
other.
Mr.. Grey, Mr. McCarter and the other
awyers said there was no such instance as
appeared by the minutes of previous Senates
which were submitted in the case.
Mr. Grey then argued to show that the
new members alone were authorized by the
Constitution to swear in new member, and
that holdover could not administer the
oath.
Judge Van Syckel asked Mr.. Grey if he
used the term member-elect as applicable
only to the newly elected members.
Mr. Grey replied that he did, as that was
the manner in which it was used in the old
and new Constitution
JUDGE ABBETTs QUESTIONS.
Judge Albeit asked the Speaker that in
case the Senate should declare there had
been no election he would call that legisla-
tive or a Judicial function.
Mr.. Grey replied that under a decision of
the court he would call that Judicial func-
tion.
.Judee Albeit then asked If in case there
was an existing Senate, could any other
court than that Senate consider the question
of the new members admissionl
Mr.. Grey said certainly not.
1ud6e Albeit asked some other questions
..xJ,s.,l, 71sad Mr. Grey to saw that he con-