The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-03-22
THE REPUBLICANS WIN.
The Supreme Courts Decision in
Jerseys Senatorial Snarl.
THE DEMOCRATIC SENATE oUsTED.

by Nearly Unanimous Decision Mr..
Rogers Ia Declared the Legal President
of the ssnate--Justice Albeit VIII Pre-
sent a Dissenting Opinion.
TRENTON, March 22.-The supreme court
chamber was thrOnged yesterday to hear
the courts decision in the senatorial case
Many members of the legislature and a
big array Is the leading politicians Of both
parties weie present. Chief Justice Beas-
ley read he opinion. The first point in
the controversy, whether the court had
jurisdiction in the case, was decided IN the
Affirmative. The chief justice said the de-
cision whether the regulations of the con
stitution have been violated rests exclu-
sively with the judicial department of the
state.
The court then treated the legal aspects
of the case and coming to consideration
of the question whether the senate is a
continuous body held hat there was moth
ing in the constitution of New Jersey to
define the life of the state senate. The
construction put upon the clause in the
federal constitution, which makes the
United States senate perpetual organiza-
ton, did not apply to the clause of the
New Jersey constitution.
By the decision the Republican senate
becomes the legal Legislative body
The chief justice held further that the
contention that the minority could rule in
legislative body was antagonistic to the
language and spirit of the constitution
and III violation of the doctrine that the
will of the majority shall be supreme. The
constitution fixes a time for the annual
meeting Of the legislature. This would be
superiluous provision if the senate were
an everlasting body. ....
The chief justice next brushed aside the
contention that the hold over senators
held the exclusive and absolute power to
pass upon the credentials of the newly
elected senator's. This was the first time
since the adoption of the constitution that
such claim has been made. 1t was novel,
but groundless. The ancient and con
tinued practice has been to reorganize the
senate yearly, and the pretension that
under color Of the constitution or the law
any senator holding credentials could be
deprived of his seat is an utter fallacy.
The term of the senate expires annually,
the same as the house of assembly.
The court in conclusion held that the
title of Robert Adrian, president of the
Democratic senate was invalid, and that
tHC iiNlS VI "a 1NtEtTS, pItSlutlil
of the Republican senate, must be recog-
nized as constitutional and valid. The or
ganization of the Republican senate was
upheld.
All of the justices of the court except
Justice Albeit concurred in the opinion oi
the chief justice. The latter announced
that Justice Albeit held views of his own
regarding the case, and would formulate
and file them Inter,
The decision is complete Republican
victory, the court siding with the counsel
of that party on every point In the cast
except on the matter of jurisdiction.
Governor Werts gave State Comptroller
elect Hancock and State Treasurer-eleet
Swain their commissions as soon as the
decision of the supreme court was ren
dered, and they are already in possession
of their offices. The governor has filed al
the bills passed by the Republican legsla
ture, and they are now laws
The Republican senate expected to holt
a session last night but failed to have
quorum, and adjourned until this morn
ing, when the Democratic senators wert
here and joined with them. President
Rogers was cheered by the crowd when Ii,
took his seat in the presidents $ chair in thu
senate chamber.