The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-01-23
THE LEGISLATURE.

OF THIS StatesW was transmitted Dy OONefnoi
Werts, on Tuesday morning, to Hon.
Robert Adrain, President pro tenn of the
Senate" thereby recognizing the Demo-
cratic body as the duly constituted Senate.
In his message accompanying the epin-
ion the Governor gives his reasons,
quoted from the opinion, for recognizing
the Democratic body, substantially. that
the body presided over by Mr.. Rogers is
composed of eleven persons, four of whom
are conceded to be constituent members
of the Senate (hold-overs), but who with
drew therefrom and associated with seven
other persons (the newly elected Republi-
can members claiming to have lawful Gre
dentials. emitting them to seats, but who
did rot submit the same to be passed upon
by the Democratic hold-overs. He further
understands that the reason assigned for
the withdrawal of these Republican hold
overs was an alleged apprehension that
course might be adopted by the Demo
cratic members with reference to their
credentials different from that hitherto
pursued.
In rendering his opinion Attorney
General Stockton first recites the routine
of proceedings at the organization OF the
two bodies claiming to be the lawful
Senate. He also quotes the resolutions
offered by Mr.. DAILY and adopted by the
Democratic body, viz That no one shall
be admitted to seat except by the vote
of "a majority of the qualified and admit
ted Senator's; that the officers of the last
Senate shall be continued until further
order by vote of a majority of the quail
| flied and admitted MEMBERS and that
the President pro tempore Mr.. Adrain]
shall hold his place in the same way"
From the provision that two-thirds of
each body holds over, he argues that they
are continuing bodies, because there is
always majority of the entire Senate,
and the constitutional number required
to pass bill, always in existence" In
support of this opinion he quotes from
Cushing's treatise on the Law and Prac-
tice of Legislative Assemblies" describing
the status and continuancy of the United
States Senate, showing that it always has
more than a quorum in Office duly quail
fed and ready TO proceed to business, with
this difference, that the Vice President is
the presiding officer, and to guard against
accident, a member of the Senate is
always elected to take his place In his alb
sence.
The opinion then recites that the jour
nal of proceedings of the Democratic
members of the Senate show that at the
time prescribed and at the customary
place there were nine Senators present
more than two-thirds-and that they pro-
ceeded Tin accordance with the necessity
of the case and parliamentary law and Gus
tom.D and in view also of the fact that it
has been the custom for the old officers to
attend at the organization of the session
and to be paid for their services until
new officers are chosen, "there cannot be
doubt" be says, "but that it was the
duty of the nine Senators to organize and
proceed to the performance of such duty
as the Constitution imposed upon them.
Their action" he continues, was ac-
cording to the Constitution, according to
law, and according to the custom which
had always existed, and more than two
thirds of the existing Senate was present
at the time" He also shows that when
the Republican members entered the
Senate chamber and protested against the
organization there were thirteen hold
over members present. which twas the
whole Senate of the State. Every individ-
ual entitled at that moment to be present
and take part in the proceedings was
there present and did take part" More
over, he claims that they acquiesced in
and ratified the organization by recognize
ing Mr.. Adrain as President of the body,
which they did by addressing him as the
presiding officer. Decisions of the State
Supreme Court and of Judge Dixon are
quoted to show that ADRIAN was de facto
President.
As to the claim that members OF the
Legislature may administer the oath to
each other-that they can do so in private
and then appear with their certificates
and insist upon taking their seats, with
out permitting the existing Senates even
if they were all present. TO pass upon
their qualification, election and returns, "
is proposition that "can find no support
either from principal or authority, and is
4 inconsistent with the free exercise by the
Senate of its power as judges for the re-
turns of Its members" If such course
could be pursued, he maintains, 1.-THE
Senate could be destroyed by usurpation,
false or forged credentials could be re-
ceived in private" and a majority be
created to decide on their own elections,
control legislation and defeat the will of
the people.
AS to the Constitutional provision that
each House shall be the judge of the cleo
, tions, ETC., of its own members. the ques.
} ton is raised as to when this judgment
shall be exercised Shall it be before OF
, after the admission of the member upon
J these returns? The Attorney General
; admits that IAN examination of the
, records discloses the fact that as a com.
mon practice the method has been tc
admit the applicant upon the returns, and
} then to afterward examine into the mat
3 ter. But, in every instance, it is apparent
that the body claimed and retained to it.
self the power to act when and how il
pleased
AS to the course and practice of the
Senate with reference to the admission O.
, newly-elected members, and what are the
J Constitutional powers of the Senate al
7 judges of election, qualification and re
e turns OF its members, in reference to the
2 admission of members on their creden
! tlals. are other questions upon which the
} Governor desired to be advised The At
forneg General says no person is compe
tent to take part in the organization unit
the Senate is satisfied of the regularity o.
the return. Although the right to the
: seat may be disputed and the incumbent
: be subsequently unseated. it is usual tC
. admit him if the returns are regular. L
2 an attack is made on the credentials such
3 as the charge that they are not authentic
} but are forged papers, or that the person
claiming to be the executive of State
b and who has certified the credentials, wai
3 not really in fact the Governor of the
State, and had no authority to sign the
e credentials. questions would be raised
$ which might properly be referred to I
g committee, considered and decided before
q the claimant was admitted TO bis seat. blu