The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-03-09
JERSEY SENATE TANGLE.
GUMkNT REaUN IN THE QUO
WlRRlNTO PROCkEDINGa


Hishsrs L,-sas-ry ops-. ror oev. wsrt-
sud Cortlsast Parker ara Ss-uei n.
Grey Fslis- ter se-s,sr Rogsrs-eeergs
y. svsir Sworn - ss state Treasurer.
TRENroN March a-The argument In the
Senate quo warranto case was begun this
morning In the Supreme Court, before Chief
Justice Beaslsy and the seven other Justices.
In the allotment OF time to counsel. It was
agreed that Messrs Stockton Llndabury. aud
Stevens. representing Gov. werts. should have
nve hours; Allan l. McDermott, for Senator
Adrain. three hours; and Messrs Cortlandt
Parker. Thomas N McCartsr. and Samuel H.
Grey. for Senator Rogers. six hours, Besides
these lawyers there were also present repre-
sentlng Senator ROGERS. Lawyers Gilbert COL
Inns. John W. GrieRs. r. Wayne Parker. Joseph
Coult and William NJ tanning. making prob
ably the strongest array that ever appeared in
q case In that court. There we're many promi-
nent politicians among the visitors who
crowded the court room.
Richard V. Lindabury representing the Gov
ernor opened the argument He briefly re-
cited the facts regarding the organization OF
the two Senstes. and went on to show that the
court has jurisdiction. He quoted decisions
in wisconsin. Maine. Kansas and Bsssachu-
sets cases to support his contention.
There cannot be two senstes," he said.
and the simple question 10. Who constitute
tne bouht6 ~ Jno Deklnuluk OF eebHlOuT IL
It be contsndsd that this court has no iuris-
dlction. the parties making the contention
must show some court which has as there
must be power somewhere to afford justice
and redress to every individual"
Cortlsndt Parker. for Senator Rogers. fol-
lowed. and In his Introduction said:
AS human nature IL weak and self-distrust
10 always a duty. In this struggle we who
argue the questions which arise and those
upon whom the responsibility has fallen to
aid In their rightful adjustment should, and I
doubt not will. arm themselves against them
selves. SO that the decision. whatever It may
right"
/. The Senate is not q continuous body in
the sense OF a body continuing from session to
. II il be a continuing body in any sense. its
members possess no power TO sit upon the
Senate Of passing upon credentials Of Senators
ssi f the eon9fafs S abr Breach n 81
the Constitution.
rule and uSder tSs.e the method 81 orsaoiss
fn Mr. .se A :ss sSs sE%
Hoffman. and smith. when they entered the
ana ta
u III IL was. their secession and assem- bage
as made and carried out was no more than
changing the locality Of the Senate; or. at
least. IL created q de facto Senate. even IL
Irregular. though IL was not there being at
that time no rules to break.
u. The adjudication OF other courts sustsins
those positions
that the court had no juIisdlction; against
port OF the contention that every member 10
entitled to be seated on his certificate OF cleo
tion. which the law makes prima faeie owl
dence OF his right Mr.. Grey had not finished
when the court adjourned. He will continue
tomorrow morning.
During Mr.. Parksr's argument Chief Justice
Beasley Interrupted him to suggest that he
was arguing Oh the merits Of the case where
as the question before the court was whether
or not writ OF inquiry should issue. The
Court and counsel discussed inform ally the
situation, and IL was agreed to permit the case
to be fully argued now. During the discussion
Mr.. Parker said the writ could not issue
against Senator Adrain, as he was simply act
ing As temporary President or Chairman. hav-
ing never been elected President OF the Senate
and having never taken the oath prescribed
by the Constitution.
During the recess George B. Swain WAS
sworn In as State Treasurer by Justice nepue.
Executive cham Der to demand OF Gov. wsrts
his commission. The Governor was not in
Trenton during the day. and Mr.. swain said
he would make another attempt to see him to-
morrow. Mr.. swain also visited the ONCE Of
the Secretary OF State to have his bond placed
on file, but both Secretary Kelsey and Deputy
Secretary Hickey were absent.