The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-02-01
Charles c. stratton were also members of

Charles c. Stratton were also members of
the convention of 1874
s'Mr. Dickerson was member of the
United States Senate from 1871 to 1893, and,
it seems. must have been conversant with the
fact that, in 1928, Mr. Attorney General
Writ gave to President Munroe, and, in 1882,
Mr.. Attorney General Taney gave to Pres
ident jackson, the opinions to which refer
ence has been made.
Mr.. Parker, Mr.. Schenck, Mr. Randolph,
Mr.. Stratton and Mr. Vroom were members
of the Federal House of Representatives be-
tween 1888 and 1843, and must have been
familiar with events SO important in the
political history of the period of their pub
lie service That, in convention in which
these distinguished men exercised
a controlling influence, clause
should have been Incorporated in our State
Constitution with the intention that it should
receive an Interpretation different from that
which we may reasonably assume they knew
had been applied to it in the unvarying
practice of the Federal Government for
nearly half century, is scarcely conceive
able.
"The question, therefore, which confronts
us is far different from that submitted to
Attorney General Writ and that passed upon
by Judge Cadwalader
ssThe rule is well settled that where a
statute or constitutional provision of doubt
full import has been adopted in one State
from the statutes or constitution of another
State, after practical construction has been
given to the language of judicial decision, it
win be presumed that the Interpretation
adopted in the State from the which it is
taken has been accepted as we'll as the words.
Lessee of Gray v. Askew, 8 Ohio 466; Lang
don v. Applegate, 3 Ind 327; Rigg v. Wilton,
15 Ill. Is: Adams " Field, 81 VT. 256; Rut-
land v. Mendon, Pick 154.
THE SENATE A CONTINUOUS RoDY.
Ill
cided that the Senate of New Jersey, like the
Senate of the United States, is permanent,
steadfast, continuous body; always existing,
with two-thirds of its members holding
over.
Mr. McCrary declares that in such cases
the newly elected members, although in the
majority, must attach themselves to the
hold-over members and submit their creden-
tials to the existing body. He, moreover,
warns against the danger of not adhering
strictly to this rule.
Neither clamor nor partisan zeal can
alter the propositions established upon such
high authority and founded on the nature of
our government as it was created by the
Fathers.
The question, which of the two bodies
claiming to be the Senate of New Jersey
should be recognized by the courts will in
evitably, at no distant day, be presented to
the Supreme Court, and that court will not
hesitate to decide the question when properly
presented.
BRINGING IT BEFORE THE COURT
One mode of bringing it before the court
would be an information in the nature of a
quo aUdgranto directed to Maurice A.
Rogers, claiming to be President of the
Senate, calling upon him to show by what
authority he assumes to exercise the Office
of President of the Senate. I had
been informed that this course would
be satisfactory to the body which assumed
to elect him to that Office, and if Mr. Rogers
and his friends had been willing to facilitate
the proceedings and interpose no technical
objections, this would have been the
quickest mode of having the question
determined but learn now that
would receive no aid in bringing the mat
ter to a speedy conclusion, and it is, there
fore, questionable whether determination
would be reached in advance of decision of
the same question which is certain to be pre-
sented in another form.
I doubt, therefore, whether it is the duty
of the Attorney General to attempt to bring
the matter before the court in advance Of
the time when it will reach there through
the ordinary channels, it not being apparent
that he will thereby promote the public
welfare and expedite proper organization
of the legislative bodies.
JOHN P. STOCKTON,
AttOrney-(Icner