Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-21
ABRAMS TITLE VOID
Decision Of the Supreme Court at
Trenton, N. ].
THE QUO WARRANTO PROCEEDINGS
Republican Claims Declared to Be
Correct.
OFFICERS SCOMMISS STONED

TRENTON, N. j., March 21-The su-
preme court decides that 1t has Jurisdiction
IN the senatorial dispute and can grant the
writ or quo warranto asked for Chief
justice Beasley says that the senate Is not
continuous body and that Adrain is not
entitled to be president. He says that
President Rogers title is valid This is a
victory for the republicans
AS soon as he learned of the decision
Gov. Werts sent for the republican treas
urer-elect and controller-elect and issued
commissions to them to date from April 2
The Opinion Read.
The supreme court room was crowded
this morning when Chief Justice Beasley
and his associates took their seats upon
the bench. The members Of the legisla-
ture were nearly all present, and great anx-
iety was expressed on every countenance
pute.
The chief Justice read the opinion of the
court In the matter. He began with a
statement OF the facts, made very briefly
The object Of the contention he said, was
TO decide which was the genuine and which
the spurious senate. But first the counsel
ior Mr.. Rogers had asked whether this
court had jurisdiction in such a case. He
said there was no decision in the past CEN
tury that did not deny any proposition that
the court had not the Jurisdiction over such
cases.
The court had no Jurisdiction when the
legislative functions we're entirely within
their own sphere. The court did not claim
the slightest legal faculty to supervise or
interfere with the legislative body when it
old not Violate the provisions of the Constf-
tuition. but other wise 1t had.
NO Crisis could more in.peratively call for
judicial intervention than the one under
consideration. The court however wished
Understood
ther than to decide the question before it.
1t would not interfere with the senate in
It's operations as true ser ate.
Not q Continuous Body.
The chief justice then took up the matter
OF the continuous body and declared that
such a doctrine was not in the constitution,
but was only created by the construction
Of that instrument. The constitution, clear
ly. did not define the life Of the senate.
The chief justice claimed that the consti-
tuition did not provide for a continuance Of
the senate itself. but by providing a con-
tinuous membership 1t impaired the poten-
tiaity Of continuous body. The clause
OF the constitution giving this idea went no
further than to give the senate the aptitude
for a continuous existence. The vivifying
force in the United States Senate Is given
by the continuous presiding officer. But
the national Constitution could have but lit
tie effect In constituting that Of New Jersey
The Importance Of the function given to
one class OF senators only to take part in
the organization as was claimed was op-
posed to the theory OF such construction
The mandate Of the constitution, ALSO that
the senate should be composed of one MEM
Der from each county could not be observed
unless all took part in the organization.
Contrary to the Spirit of Democracy.
Further than this the doctrine that two
thirds Of the members could organize the
senate was not only contrary to the spirit
Of the constitution. but was opposed to the
great principle that the will Of the majority
Of the people shall prevail. The requirement
of a yearly organization placed both the
house and the senate on an equal founda-
ton.
The assemblymen and senators are re-
quired to meet annually; such a requirement
was appropriate to body expiring yearly,
but was entirely Inappropriate to a contin-
uous body. The senate Of this state was no
more a continuous body than was the house
of assembly. The constitution required that
the two houses should meet separately, and
in this sense the term house must mean
all the members.
After a thorough study of the consttu-
ton, the chief justice said he had come to
the conclusion that all its propositions were
to the effect that the claims now advocated
for the first time of the senate being i con-
tinuous body was entirely without founda-
ton. 1t was strange the chief justice
thought, that In so long period such a
claim had not before been asserted.
At this late day it was an entire novelty
and, like all other novelties in legal mat
ters, was not we'll founded.
The practice Of the legislative bodies too
was against any such principle. The act
requiring that credentials shall be prima
facie evidence Of the election of the sena-
tors was entirely against the idea Of a con-
tinuous senate. So much was this true that
counsel for Mr.. Adrain, the president CT the
so-called democratic senate. had endeavored
to make 1t appear that this act was void.
But the existence of the statute for sucn a
long period and the submission of the body
to II evidence that the claim was not
well founded.
Abrams Title Invalid.
Mr.. Adrain, therefore had no title to
the office Of president of the senate. ard
the writ must issue against him.
AS to Mr.. Rogers, the republican rresi-
dent, Chief Justice Beasley said the court
had concluded that his title valid.
he had been chosen by the votes Of eleven
senator's. The chief justice also announced
that all the justices concurre1 in this opin-
ion but Justice Albeit. who hal views of
his own, which he would prepare and file
later.
Democrats Lose Every Point.
The decision entirely overturns the theory
set up by the democratic leaders and APP
proved by the governor and attorney gen
eral. Not loophole is left for them to
crawl out. 1t was eXDecteN tnlt Il part OF tne
democratic claim would be upheld by the
court but it is entirely against them. This
will have the effect of ending tn senate
deadlock at once. the democratic SEN
ators in caucus held Moniay ni.ht, de-
cideI to unite themselves to the republican
senate without any further oartcy IN case
the court decided against them.
There was much disappointment among
the democrats at the result. and the rsnub-
licans were jublant They could scarcely
wait until they left the court room to OK
press their joy. There was general hand
shaking, and the democratic leaders Joined
in the congratulations to Senator Rogers
and his colleagues. The house of assem-
bly, will meet this afternoon and the Rog
ers senate tonight. 1t is prOba Die that the
democratic senators will enter the senate
tonight, though they adjourned to meet
tomorrow morning.
Officers Commissioned.
At noon the governor sent for George r.
Swain treasurer elect and VIM. S. Han