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fatal, for the facts are u~ndiSputed and In
disputable."
ton would be that that organization was
irregular: that the Senate is a continuous
body, and that the hold-over members form
a nucleus to which the new members must
be added. Granted that it is a continuous
body; SO is the Assembly. The Attorney
General quoted Henry Clayto the Governor;
but Mr.. Clay said that the Senate ana House
too were continuous bodies. On the instant
when the term of office of members OF one
Assembly expires, the term OF those OF the
next begins. There is always a House of
Assembly ready to respond to a summons to
meet. The Senate is continuous in
the same sense and in no other. Certain
Senators hold over without reelection, but q
new organization must be made each year
under the Constitution. The title of a SEN
ator chosen in 1893 consists In his election,
proven by his certificate and in his official
oath, which any Senator-elect can admins
ter tConst., art. W., sec. VIII, pl. y. The
title of q Senator chosen in 1891 is precisely
the same, and no sound reason appears why
the election in one year should confer any
greater power than the election In another.
bound TO RECEIvE THE sENAToRS-ELECP.
Doubtless good order and decorum natur-
ally suggest that on a new organization OF q
deliberative body whore there are members
holding over they should convene and re-
c6lVe GlG incoming ufoLlpSIS y, OuU bu0y dAC
bound to receive them If they hold regular
credentials. The Attorney-General, in his
opinion to the Governor, admitted and
asserted that there was no precedent for a
refusal to admit a new member holding
regular credentials. But suppose the hold
over members arbitrarily refuse to receive
the credentials or admit the new. members,
is there no remedy, even though, with q
minority of the hold-over members willing
to admit them, they constitute a quorum OF
the entire body? 1t is preposterous to SO
contend, and the remedy must be for such
quorum itself to effect an organization.
"While the common custom is to proceed
in the manner indicated, to wit, the old
members to first convene and, as It were,
welcome their new associates, there Is no
necessity for this course to be pursued
Mr., Collins here entered the conclusions Of
the Attorney General, relative to the mode
of organization, concluding as follows
KNEW OF THE CONSPIRACY.
"The eleven Senators constituting a ma
jority Of the New Jersey Senate Of 1904
would gladly have adhered to the orderly
rule Of procedure, but the proofs now before
the Court make it only too evident that there
was a conspiracy to prevent some at least of
the newly elected Senators from taking their
seats. The purpose was to block legislation,
and in the minds OF some of the promoters
of the conspiracy, the prevention OF the re-
peal of the vicious legislation of last winter.
Probably most of the Senators who yielded
to temptation were Influenced by no more
ignoble motive than to secure mere fancied
temporary partisan advantage, and possibly
some believed that by the means adopted an
investigation might be made into alleged
frauds; but nevertheless their action was
hasty and ~ill-advised, and doubtless many of
them now regret it.
"In the face of such a conspiracy, what
good end would nave been served by the sub
mission to the hold-over members of the
Senate of the credentials of the incoming
Senators, 1t was not desired merely, to
inspect them to see that they were genuine.
The very terms of the resolution which was
being voted upon as the eleven entered the
chamber required the submission to a COM
mittee, not only of the credentials of the
incoming Senators, but of all the
protests and communications touching
the election, and the committee was to
report on the validity Of the credentials
and to make such report touching the pro-
tests and communications as they might
deem desirable. There was absolutely moth
ing left for the majority to do but to organize,
which they then and there did, within the
bar of the Senate, giving public announce
ment to all Senators to join them. 1t was to
their credit that they avoided appeal to
physical force and personal violence.
ELEVEN SENATORS A QUORUM.
GA body of eleven Senators Is a quorum.
Public policy will incline the Court to recog-
nize as valid the organization which possesses
a quorum and Is able to perform the urgent
public duties of the Senate; respect for the
constitutional rights Of the electors will lead
to the recognition of the body which repre-
sents the majority; self-respect will lead to
the Reputation of a scheme of trickery and
fraud.
1.-The rule should be discharged as to Mr..
Rogers, because his title Is too clear to be
disputed"
ToDAY's PROCEEDINGS.
There was an unusual air of expectancy
about the Supreme Court Chamber this
morning. The Judges arrived early and
Immediately retired to their private room,
back of the bench. They were in conference
a long time. The Sergeant-at-Arms and his
assistants were kept busy carrying the law
books in to them and occasionally n OF the
Judges appeared, went to his desk for q law
booI and then disappeared behind the closed
doors. As the hands of the clock crept
further and further away from the hour of
opening and the Court still remained in con-
ference, every one asked every one else what
could be coming. Finally, the Chief Justice,
followed by the other Judges took their
seats on the bench and the Chief Justice an
nounced.
1.-The court wishes to call the attention of
the counsel to the aspect in which this case
is before the court. 1t is troublesome for the
court to know just where we stand. Two
points are before the cOurt-jurisdiction and
the question Of title. We don't see how, N
this rule to show cause, we can judge
the title Of either Sof the two
respondentss We wish the counsel
to come to an agreement il
they wish an early decision of
thesquestion Of title. The writ will go ass
matter OF course if we have jurisdiction.
The parties should agree, if the Court as
sumes jurisdiction, that the writ had been
filed and returned, stating the facts to be
such as the testimony taken in the case
shows them to be. If this is done, the Court
then, at the close of this argument, will con-
slider, first, the question OF jurisdiction and
then title
COUNSEL WILL CONSULT.
MI. Grey said that the counsel would con-
slider the matter and let the Court know it's
decision later.
The Court then announced that 1t would
not sit as the Court of Errors until Monday.
This is taken ae an indication that the
court will dispose of the case this week. If
the counsel follow out the suggestion of the
court and admit that the writ has been
served and returned, and that the testimony
taken before Commissioner Dickinson is fact,
the case will be decided without further
argument or hearing.
Judge Stevens then closed his argument.
He was followed by Thomas N. McCarter.
MR.. M'CARTER's CONTENTION.
Mr.. McCarter at the outset contended that
the case was that of q private relator seeking
for leave for the Attorney General to file in
formation and get a writ of ex-ofticio by the
Attorney General. and upon this condition
he dwelt at length.
In discussing the main question whether