The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-08
THE COURTS RIGHT.
Argument Begun Today in
the Quo Warranto Pro-
ceedings.
MR.. LINDABURY's CONTENTION
Republican Claims Not Founded
On Fact or Precedent-Parker
Raises a Question.

TRENTON, March s, 1s94-The Oldest law
yer in Trenton cannot remember when the
| Supreme Court Chamber held a larger
throng thar 1t did this morning. Men
prominent at the bar, in politics and bust
ness circles, crowded into the large court
room to witness the battle between the legal
giants who are trying to unravel the Sena-
torial snare by means of a writ of quo todr-
rdnto. They came to hear the argument
upon the application of the Attorney General
for the writ. Chief Justice Beasley and
Associate Justices Dixon, Depue, Albeit,
Lippincott, Garrison and Van SICKLE were
upon the bench.
Mr.. Parker opened the proceeding by stat
ing that the counsel had agreed among
themselves that the Attorney General,
| Judge Stevens and Mr.. Lindabury should
nave six hours in which to present their side
of the case, Mr.. McDermott for Senator
Adrain three hours, and Messrs. Parker,
| Gray, McCarter and the other Republican
lawyers six hours. AS this made fourteen
hours, the question of sitting Saturday came
up, and it was decided to settle that matter
tomorrow.
THE BEGUN.
Mr.. Lindabury then opened the argument
for the writ. He first set forth the facts In
| the case as brought out by the testimony. At
the very outset, he said, his side was met
with a protest against the jurisdiction of the
courts in the proceedings, and he would
| therefore devote his time to discussing that
question.
MR.. L~INDABURY'S ARGUMENT.
"By the statute of New jersey" said Mr..
| Lindabury, IAN information will lie upon
the relation of any person against any other
person who shall usurp any office or fran
als.o --s4l,,. %Lo S&n%1E n1 >,racff0y than
arises whether the President of the Senate is
a public Office within the meaning of the
statute. The office is recognized IN the con-
stitution in four places and by several acts
of the Legislature" which Mr.. Lindabury
quoted and which he claimed proved beyond
stantive one. Mr.. Lindabury then
quoted numerous authorizes to sub
stantiate his contention. He next urged
that the information would not lie against
a mere claimant to Office n proceeded to
show that both Rogers and Adraln have
both been executing the functions OF presi-
dent of the Senate He admitted that the
Court could not inquire into and determine
the title of Adrain and Rogers without in
quiring into and determining the statutes OF
the respective Senates which elected them.
This he claimed the Court had O right to do,
because if it did not it would elevate the
Legislature above the people, nullify the pro-
visions of the constitution which limit and
control its powers, and rob the Supreme
Court of its ~perogative to pass upon Judicial
questions that arise in the State and are not
committed by the constitution to other tri-
bunalS.
If this proposition was sound any band of
| outlaws might come to Trenton, organize
themselves into a legislature, and the court
| would be bound to enforce laws they passed.
If the Governor should die tomorrow both
| Adrain and Rogers would claim to be Coy
ernor. The court would be able then to de-
eide which was entitled to the office, and
why couldn't it do so now.
Then followed a long line of precedents
favoring this position. Mr.. Lindabury adj
mitted chat the court could not inquire into
the qualifications, election OF returns of the
members of the Senate, but he denied that it
was necessary for them to do SO to determine
this question.
HIS CONCLUDING ARGUMENT.
In conclusion Mr.. Lindabury said:-"There
| cannot be two Senares at the same lime Ii
the true Senate consists OF the follower
members and such others as they shall adj
NIT to seats in their body, then the Rogers
Senate, consisting of less than a quorum of
| the holdover Senators and none others who
had been inducted into Office, was without
jurisdiction to admit any body to seats In
the Senate of New Jersey. If, on the other
hand, the Senate, at the beginning of a ses-
| sion, consists of the holdover members and
III LII OiOSb WV wv PAOHNAJ
fed, then the organization of the Rogers
| Senate, participated in by a quorum of the
whole number, conformed to every consti-
t~utional requirement, and the election of
Mr.. Rogers by chat body gave him title to
| the office which he claims"
CORTLAND PARKER's ARGUMENT.
Cortland Parker. for Mr.. Rogers, followed
Mr.. Lindabury. He quoted from the jour
nails of the United States Senate to show that
it was not necessary for newly elected Sena-
tors to submit their credentials to hold over
Senators.
Chief Justice Beasley called Mr.. Parker's
attention to the fact that they were arguing
a rule to show cause, and could not consider
| conflicting facts, as that would be deciding
the main question, which would come up on
the argument. If counsel were willing to
| concede that the writs had issued and been
| returned and were at issue before the Court,
| the Court will hear the c~ounselis argument.
Mr.. Parker replied that If he could show
that Mr. Rogers was legal President of the
Senate that would be a good reason why the
writ should not issue against him.. There
was considerable talk over this phase of the
question in which Messrs. McCarter, Griggs,
and Collins, Judge Dixon and the Chief JUS
tice took part.
The Court then took a recess.