New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-09
IN THE COURT AT TRENTON.
ARGUMENT BEGUN IN THE QUO WAR
RANTO PROCEEDINGS.
r. V. LINpABrRY PRESENTS THE CASE BEFORE
THE SUPREME COURT FOR GOVERNOR WERrS
AND CoRTIANDT PARKER AND SAMUEL
GRAY FOR PRESIDENT ROGERS.

AND coRrLANDr PARKER AND SAMUEL
GRAY FOR PRESIDENT ROGERS.
tBY TELEGRAPH TO THE TEIBUvR1
Trenton. March s-The argument before the
fuu bench NJ the Supreme Court in the quo war
ranto proceedings against the President OF the
Senate Maurice A. Rogers. and the Democratic
usurper Robert Adrain. was opened at the Capt.
to to-day and will probably not be ended un-
I'll Monday The courtroom was crowded to the
doors. and the seats wi hin the box were filed
by counsel Before the argument began Chief
Justice Beasley suggested that some ume De
agreed upon by counsel in which to complete the
case and after some discussion the Court said
It was unwilling to say at the time Whether OF
No, II vould sit on Saturday half of that day
being a legal holiday Three lawyers occupied
the entire day-R V. Lindabury for the Cover
nor and Cortlandt Parker and Samuel Gray OF
Camden. for President Rogers. The revolution
arv actions Of the clique Of Democratic racetracK
gamblers and spols grabbers were presented
clearly TO the court
STATING THE CASE FOR GOVERNOR WERTs.
r. V Lindabury. for the relator, Governor
Wcrts. opened the argument. The relaior
shows that the interests OF the people Oh '"e
STATE are being greatly imperilled by the con-
that a SPEEDY determination is imperatvely de-
/ mandeI In the interest Of government and pup
lie order. Counsel then traversed the entire
court proceedings in the cause. and related in
detail the story Of the organization Of the DEM
ocratc usurpcrs and the lawful Republican Sen
ate After saying that Senator Rogers has
regularly presided over the Senate. Mr.. Linda
bury told the court that the Republican Senate
has passed bills and senator Rogers has authen-
ticatel them as President Of the Senate. ii
has also been recognized regularly and con-
tinuouslv hy the House OF Assembly as the true
Senate and has met In joint assembly with the
House and such Assembly has elected, or at
tempted 10 elect a State Treasurer and Con-
troller.
Upon this state Of facts the Attorney-General
asked the court T. determine which Of the two
claimants Is the true President Of the Senate of
New-Jcrsey The counsel said that Of the
Presidents protested against the jurisdiction of
the court" He then contendel that "as ii f.
incumbent upon ~. with without this pro-
test To demonstrate the jurisdiction Of the court,
and as the state desires nothing bat a decision
/ between these parties that will end this perilous
/ controversy | shall devote the time allotted To
me solely to a discussion Of the question Of
Jurisdiction. and shall endeavor to make clear,
- III "S ''' "'''' ''' '"' NV ''9"'' '
'pI'','e puy o' '"r 'D"r - n ,""Ie ,",? anu
""'"o ''r ''SI''' NV '''''''' ~ ''''
and in doing So 10 decide the claims Of the bodies
which they represent. By our statute an in
formation with the leave Of this court. lies
~. -, ,,t, , ,t, ,,,.r,o,. 1. o,oraI ,,,,, tho re
lation ~ any PERSON desiring To or prosecute
the same against any person unawfully holding
or executing any office or franchise" The coun-
ecl cited numerous ca SOS to prove the court had
jurisdiction. Touching certain rights OF the
,,,,rf bo s,fl. OF ,l,,l, thar tho co,,r, conno,
inquire into the qualifications. election or returns
80 ,,,o.to., -, a.. Senate h.,, I d.r,, ,b,, {, 70
w '''"'''' WI '''' '''"''' "''' "''' '''"' - -
! necessary Tor Il H. do so In order TO determine
;ais controversy. The simple question to be
c"nsidred Is, VINO constitute the senate at the
MIR. TNRkEWs STRONG ARGUMENT.
CortIandt Parkct. counsel for President
D,pors r.lI,v.ad Mr. Ifndabur,. II. sai1 in
part:
/, .,. ,,,,.. 49,, ..-.,.. .. .., ......... ,,,ro.
.its vast importence. Not a citizen exists in this
S@,ale @ %ho i not inter 's.eI IN IT, SOM, Prnaps
MANY may l'ph uI"h II is oh'N u Struggle pc,"e'"
haIussa .Drtwr'n ,nrn or one party song out' TO
it. snch spectators OF the str'isse hat n has fol
i5hI We"Ns; 9ochel or chGuuprrsi the N Mneeis oi
ernmen, rests upon the will OF the people lawfully
govcrnmcnt which lives and moves and has It's being
,hr1oen ne machinery M 9t aw ana mat machlnery
ono sct OF mon says ''No.' Thc other. YES" Tn
rrcDb'l.~eS one SCI 'n to m"'S @ nay & II.
sent " the senate? The Governor says "No'-for.
1Vvo'uIig c 10 num- tn'TG Is no Hn@t" in %Ss'%n, 10
senator Of the Uni;ed states was TO be elected
t'ntl ne le conmSs'oned' Not II me Governor
10 officer hui needs his commission The state
might be unrep In the Union. should death
or resignation or Insanity remove o. lncap4c!;atc
s.,,. ""' ''" ''' III ''e '''"''' "' tue "''-'
XII this and much NOR. benr trie tbe contr,-
vcrsy rises above party and the. region of what IL
called politics. No man should discuss it or ad-
Judic1tc II with any memory. however slight OF his
partisan afnnltrs. Inc constitution declares: ne
P""Fs OF lne ,,nVefineht ;h De dl'llei .'io '''e
%I, uepi' I - r " ~ ,,n ' r
ScnrstIt,ting ana ~ th.sn If,,r,,frtg ~ III e,er
else any OF the powers p-operIv belonging 10 either
OF the others" and then IL says: Each house shall
BE- the Judge Of the elections returns and qualinca
tlons Of Its own members and majority shall con-
stltutc quorum to do business Here Is an APP