The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-05-19
BOTH WERE ILLEGAL


Continued from ftfSt fuge.
procedure of that BODY, show that the Senate
of the United States is continuous; and In
rthe case OF Robertson ". Smith, 109 Ind. ~,
the Supreme Court of Indiana, while holding
rthat the Senate of Indiana is not a con-
tinuous body, states the reason why it is not
such, and recognizes the feature which esta-
blishes the continuity of the United States
Senate. Judge Niblack, In delivering the
opinion of the court, says: II feel quite as
sured that tine Senate of this State Is not, ike
the Senate Of the United States, a continuous
body. In the Senate of the United States a
majority constitutes a quorum, and as there
is always more than a quorum OF qualified
Senators holding seats In that body, its
. organic existence is necessarily continuous.
But in the Senate of this State two-thirds of
its members are necessary to maker quorum,
and as one-half of its members go out of
Office at the end of each legislative term OF
two years, that is to say, on the day after
each general and biennial election, it be-
comes at the end of each such legislative
term a d~isorganized body
TIL ENATE A CONTINUOUS BODY.
TIL reasons given by this learned judge
for stating that the United States Senate is
necessarily continuous, apply equally to both
the United States Senate and to the Senate
of New Jersey. A majority constitute a
quorum in both bodies, and In both there is
always more than a quorum OF QuaIlfied
Senators holding seats in the body. If it is
necessarily continuous in one case, it must,
for the same reasons, be necessarily contlnu-
Gus in the other.
If the rule applicable to the United States
Senate is to be applied to the Senate of this
State, the thirteen so-called hold-over Soma
tors were the Senate of New Jersey on Janu-
ary 8, and as such had the exclusive
and absolute power to determine
the elections, returns and quail
f~cations of its own members Sucn
loo AxrA- haar Tho aro nfi0a NM
usage in the Senate of the United States.
! Every Senator-elect must there present his
credentials to the Senate composed OF the
holdover Senators, and must be indicted
into office with the assent of that Senate, so
composed. Upon the question of the admis-
sion of a Senator into the Senate of the
United States, no Seuator-eleet has ever
been treated as a member of that body. In
every instance induction has been by the
action of a majority of a quorum Oh the
Senate composed of Senators therefore m
Quoted into Office. This practice is necessar-
ily based upon the assumption that the Sen
ate is always in existence, always composed
Of indicted Senators, and shat it had ex-
listed. as an sever living Senate from the
time of it organization to the present hour,
CONSTITUTIONS COMPARED.
I feel the more confidence in stating this
view thus broadly, because in the opinion OF
the Court in this case, read by the learned
Chief Justice, it is stated as an incontrover-
tible proposition that the United states oen-
ate lis an ever living body"
It is insisted, however. that although 1t Is
6rue that the Senate of the United States is a
continuous body, yet the New Jersey Senate
is different from its great prototype. Ihls
contention is founded upon alleged differ
ences between the Constitution of the United
States and the Constitution of the State OF
New Jersey, and an alleged difference OF
practice prevailing in this State.
An examination of the two instruments,
and the practice Hereunder, will notsupport
this contention. The language of our Con-
s~titution is substantially identical with that
mart of the Constitution of the United states
whose provisions have peen held to create a
continuous Senate. Let US compare the tive
instruments.
The Constitution Of the United States pro-
vides:-
Article 1. Section 81 TIL Senate Of the
United States shall be composed OF two Sen
ators from each State. chosen by the Legis-
lature thereof, for six years; and each Sena-
tor shall have one vote.
2. Immediately after they shall be as
sembled in consequence of the first election
they shall be divided as equally as may De
into three classes. The seats OF the Senators
of the first class shall be vacated at the ex-
piration of the second year; of the second
class at the expiration of the fourth year,
and of the third class at the expiration OF
the sixth year, so that one-thlrd may De
chosen every second year. aHu IL suCduSACo
happen, by resignation or otherwise. during
the recess of the Legislature of any State,
the Executive thereof may make temporary
appointments until the next meeting Of the
Legislature, which shall then fill such vacan-
cies.
FEDERAL AND STATE ALIKE.
Section V. L. Each House shall be the
Judge of the elections, returns and quallfi-
cations of its own members, and a majority
of each shall constitute a quorum to DO bust
ness; but q smaller number may adjourn
from day to day, and may be authorized TO
compel the attendance of absent members,
In such manner and under such penalties as
each House may provide.
2. Each house may determine the rules
of its proceedings, punish its members for
disorderly behavior, and, with the concur
renee of two-thirds, expel a member.
4. Neither House, during the session of
Congress, shall, without the consent of the
other. adjourn fer more than three days,
nor to any other place than that in which
the two Houses shall be sitting.
The Constitution of New Jersey provides;
Article ", Section 2. l. The Senate shall
be composed Of one Senator from each
county in the State, elected by the legal
voters of the counties respectively, for three
years.
z. AS soon as the Senate shall meet after
the first election to be held Ia pursuance OF
this Constitution, they shall be divided as
equally as may be into three classes The
seats Of the Senators of the first class shall
be vacated at the expiration of the first year
cf the second class at the expiration of the
second year, and of the third class at the
expiration Of the third year, SO that one
class may be elected every year; and If
vacancies happen, by resignation or other
wise. the persons elected to supply such
vacancies shall be elected for the unexpired
terms only.
Section 4. Each House shall De the judge
of the elections, returns and qualifications OF
its own members, and a majority of each
shall constitute a quorum to do business; but
a small number may adjourn from day to
dav and may be authorized to compel the
attendance Of absent members, in such man
ner and under such penalties as each House
may provide
8. Each House shall choose its own officers,
determine the rules of its proceedings, pun
ishits members for disorderly behavior, and
with the concurrence of two-thirds may ex-
bel a member.
B. Neither House during the session of the
Legislature shall, without the consent OF the
DUFFY'S PURE
81 MALT NHlsKEY