The Monmouth inquirer., 1894-03-29
The Republican Senate Legal.
rpHEr,p AT EVERY POINT BY THE DEcIs-
ron OFF THE STATE SUPREME COURT.

UPHELD AT EVERY POINT By 1aA DNoA
ron OF THE STATE SUPREME COURT.
Trenton. March 21.-The Supreme
fyorrt Chamber was thronged this morn
mo 10 hear the Courts decision IN the
Senatorial case. Many members OF the
TecisIature and big array of the lead
ine politicians of both parties were pres
emit Not an inkling of the nature OF
tbe decision had leaked out, and the
Intense silence that prevailed IN tne
crowded room testified to the deep in
ferest felt in every word OF the decision.
Chief Justice Beasley read the decision
beginning at 10:4O o'clock
The first point in the controversy
whether the Court bad Jurisdiction III
the case was decided IN the atlrmatiVe
The Chief Justice said that the decis-
ion whether the regulations OF the Con
stitntion have been violated rests ex
clusively with the Judicial department.
Of the State.
The Court next treated the legal as
pects of the case aud coming to a con-
sideration of the question whether the
Senate is a continuous body held that
there was nothing in the Constitution OF
New jersey to define the life OF the
State Senate.
The contention of Attorney-General
Stockton that the Senate is contln-
nous body was brushed aside by the
Court. The construction put upon the
clause in the Federal Constitution which
makes the United States Senate . per-
petual organization the Court held does
not amply to the clause in the New Jer-
sey Constitution.
The Chief Justice held further that
the nroposition that the minority could
rule in the legislative body was antag
onistic to the language and spirit OF the
Constitution, and in violation OF the
doctrine that the will of the majority
shall be supreme.
The Constitution fixed a time for the
annual meeting of the Legislature.
This would be snperfuous provision
if the Senate were living body. The
provision in question speaks Of the two
Houses Of the Legislature. and clearly
means the Senate as well as the Assem-
bly. What has perpetual body TO do
with specified times of meeting.
The Chief Justice next brushed aside
the contention that the hold-over SEN
ators held the exclusive and absolute
power to pass upon the credentials OF
the newIy-elected Senators. Ihls was
the first time since the adoption OF the
Constitution that such claim had been
made. 1t was novel. but groundless.
The ancient and continued practice
has been to re organize the Senatey yearly
and the contention that, under color OF
the Constitution or the law, any Sena-
4 alc ha "
ed of his seat is an utter failacy. Inc
term Of the Senate expires annually, the
same as the House OF Assembly.
The Court in conclusion held that the
title of Robert Adrain, President OF the
Democratic Senate was invalid and that
the title of Maurice A. Rogers. Presi-
dent of the Republican Senate, must be
regarded as constitutional and valid.
The organization of the Republican SEN
ate was upheld.
All the Justices of the court except
Justice Albeit concurred in the opinion
of the Chief Justice.
The latter announced that Judge Alb
bett held views of his own regardin
the case and would formulate and ile
them later.
The decision is complete Republl-
can victory, the Court siding with that
party in every point of the case except
on the matter of jurisdiction.
The text of the decision is as follows
.Tbis case has been placed before
the court on q rule to show cause why
an information in the nature OF quo
warranto should not be issued against
these respondents, each of whom claim
\. nva
Office of President of the Senate OF New
Jersey. Under this procedure evidence
has been taken. and it thus appears thai
the twenfy-one Senators of the state
have divided themselves into two bod
ies. that is, nine of the old members
who were styled in the argument hold
over members, constituting one OF sucE
bodies. subsequently, newly-choser
Senator Joined himself to the body
made M of hold over Senators-the
other, consisting of eleven. The form
or of these bodies will be referred to in
order to avoid paraphrase as the Adrain
Senate. the latter in the Republican
Senate.
"The Adrain so called Senate has
been recognized officially by the Govern
or and remains in session, the Rogers so
called Senate is recognized officially by
the House OF Assembly, but it has been
refused official recognition by the Exec.
utiye. It has passed several laws. and
with the cooperation ofthe lower House
has appointed Treasurer and Comp
troller of the State.
sThe above is description oil the
general aspect of the case and it Will b'
sufficient for immediate purposes The
object of the present course of law is to
establish by a Judicial Judgment whichoi
these contestants is the genuine State
Senate, for they cannot be both genuine
but before proceeding TO dispose of that
question the counsel of Mr.. Rogers has
interposed a preliminary one as to
whether this court can take cognizance
of such litigation.
s.It is confessed that the argument on
this subject, the existence OF the JUDI
cal power in question, has not been en-
t.aoad u, M in 4 Oroant LIZ Is 10 uDdeO