New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-29
PRICE THREE CENTS.
A WAY OUT FOR GOV. WERTSI
HOW HE CAN BRING THE SENATE
QUESTION BEFORE THE COURT.

FOR STATE oFFICERs-THEY WILL ALSO
REPEAL VICIOUS LEGISLATION THIS
wEEK-How THE LAW MAY
BE INVOKED.
[BY TELEGRAPH TO THE TRIBrNE1
Trenton y. J., Jan. 2s-To-morrow night 10
the time fixed by the Republican Senators ana
Assembymen for Joint caucus for the purpose
Of nominating candidates for State Controller
and State Treasurer. to be elected in JOINT meet
ing Wednesday of next week. The Democratic
hodover Senators will also De in session to-
morrow night. BY advice OF the holdover Sem
ators the Democratic Assemplymen will decline
to participate in any joint meeting with the
Republican Senator'S The Republicans have de-
cded to get down to work tomorrow regardless
of any attempt to force them into court. Their
programme is to pass several bills repeating
vicious Democratic laws and make an eHort 10
file them with the Secretary Of State as laws
passed Notwithstanding the Governors dsap-
proval Then, they point out, the Governor VIII
have ample authority, without resorting to
doubtful quo warranto proceedings, to test tho
legality of the Senate. by a law passed In 1873.
which seems t. be just tn thing IN the present
crisis This law provides that If at any time
within one year after law or joint resolution
shall have been filed by the Secretery Of State
Z
law or resolution was not duly passed by both
houses OF the Legislature. he may, in his dis
cretion direct the Acknowledgement TO present
petition - the Supreme Court setting forth the
facts and circumstances and praying that the
said law or resolution may be decreed null ana
void II provides further that it shall then DO
the duty Of the Attorney General to present and
prosecute the petition. 1t gives the supreme
Court jurisdiction and power to proceed IN
summary way to inquire into all the facts al
legged in the petition to subpoena witnesses ana
take depositons in the usual way. After nearing
the cause the court dismiss the petition,
which in this would be equivalent TO say
ing that the Republicans were the constitutional
Senate. or If satisfied that the law was rot duly
and constitutionally passed by both houses in
the Legislature. the court can decree the same
to be null and void. The proviso is that the
final hearing such petition shall take place
before the Chief Justice and at least three OF MS
Associate Justices. and that no decree annulling
any such law shall he made without the con.
currencc Of least three of the justices OF SAID
court"
THE COURTS DEEPLY INTERESTED.
Both the Supreme Court and Court Of Chancery
are deeply interested in the Senatorial muddle.
for the reason that the terms Of Justices Depue
and Magic. of the Supreme Court. expire shortly.
and the Constitution makes no provision for
sors are appointed and confirmed by the Senate.
The Supreme Court Justices have been complain-
ing for several years of overwork. and with
two vacancies that court would be greatly em-
barrassed The term of Chancellor McGill and
Vice-C Chancellor Van Fleet also expire next Nom
day and unless their successors are confirmed
by the Senate they cannot act. Two vacancies
I'm the Court of Chancery would seriously cripple
that court. Then. too the Republican success
sors to Treasurer Grey and Controller Heppen-
hener will undoubtedly resort TO the courts on
being refused the office TO which they were ap-
pointed. and may tie up the finances Of tAe
state now in the banks. and many OF the big
corporations may refuse 10 pay their taxes until
the question Of who should receive the money 10
settled
ings II is stated that both the Republican and
Democratic Senators are opposed To this move
by the Governor. In case Of decision in favor
Of the Republicans the Democrats would app
peal t. the court Of last resort and that court
being composed OF nine Democrats and three
Republicans and this being strictly party
question in the Democratic politicians view:
what the decision OF the Court OF Appeals would
be is not. they say. hard To guess.
pOUBTs As TO THE JUDGES POWER.
In view Of the declaration that the Senate OF
New-Jersey will decline to participate in the quo
warranto proceedings. Governor Werts has in-
structed Attorney General Stockton to begin by
filing an information with the Supreme Court
The entire bar of the State is deeply interested
in knowing just how the Senate as a body will
be taken before the court on quo war;
ranto proceedings. That the Senate 10
greater than the Supreme Court every lawyer
knows. Under the Constitution the Senate Of
the State is the highest court of the State. and
Just how an inferior court Will go about CONF
pelling higher court To appear before II, ana
plead demur is legal question Of great
interest. The difficulty is that the body 10 be
summoned is a working majority Of the Senate
OF New-Jersey and that majority is being sum-
morei upon the advice and because of the act
Of minority of those elected 10 represent the
people Of the State
The Senate OF New-Jersey will meet to-mor-
row night. and IL is possible that notwithstand-
ing the refusal of that body voluntarily 10 par
ticipate In any proceedings before the Supreme
Court of the State. some scheme will be Matched
by which Senators will be compelled 10 appear.
either Il body or diyidually Theaverage legal
mind here H. willing 10 admit that II is unable
10 grasp any scheme by which the eleven Sem
ators be cited To appear in body on a
writ of quo warranto. An exceedingly inter-
esting question for the Republican Senator's to
consider at this time. in case service Is made on
them Monday night To appear at court, Is
whether or not the Supreme Court has will
assume the power T. so behind the journal OF
the Rump Democratic Senate II the gets
into court. and that Court says Ii has no power
10 go behind the journal Of the Democratic Sem
ate made mp on January TO- the Republicans. by
their eagerness to settle this disgraceful farce
only being led into aiother trap. That
journal shows that thirteen Senators took part
in the organization Of the Democratic Senate
when in fact there were but nine qualified Sena-
tors in the Senate Chamber. What Jurisdiction
I Supreme Court has 10 go behind a Senate"
Journal for facts is an interesting legal question
ON the face of that journal the Democrats would
probably be sustained by any court The true
facts are that AT the time the four Republican
Senators were declared To have voted for a
temporary president. those same Senator's were
just entering the State Capitol. and could not
have gotten into the Senate Chamber had they
desired.