The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-15

| into Joint meeting for the election Of import
ant officials. Who can compel the Supreme
Court to action other than that which accords
with its own Judgments There is usually an
inconvenience on both sides OF these .propo-
sitions, and in this case the Constitution mas
adopted the provision which was considered
the least Objectionable. Suppose they had
selected some other plan, and made no pro-
vision for Judgment on the returns. sup
pose they had adopted the plan suggested Dy
the counsel, and the theory on which TINS
case has been argued: suppose they had pro
vided that the action of the election officers
in taking the votes. in estimating them hast
ily late at night; the action of the County
Canvassers loften men without the slightest
responsibility for the proper performance OF
their duties, and yet the men who make up
these credentials which these members bear
to the Senate) should be final Suppose the
Senate of New Jersey and the House OF AS
sembly were bound conclusively by this ac-
ton, which would constitute the greater In
convenience Were not the trainers OF our
| Constitution wise, when recognizing the pos
sibility of these errors by minor ofhclaisi
when realizing that neither the election
officers nor the canvassing officers hadthe
| slightest power or right to inquire into the
qualification of the members or the conduct
of the elections, = they said that
/ when that member, with the certificate
of the County Canvassers. came to the
| O6UdIE, Ii Ii oO0A0 $500 S FO
then or at any other time, at their conven-
fence. and in their own way, to examine
fully, not only into the returns which had
been brought to them, and the election by
which he had been sen there, and should De
unrestricted in that power2 Has not the
history of this State shown that the aid of
our highest judicial officers has been sum-
moned to revise and perfect these returns
and credentials, because they were found to
be so defective as to be unworthy,o OF presen-
tation to the House itself? Is this not the
reason why the certificates OF election, Whlcn,
after all, are but the returns of the Boards
of County Canvassers, were not made con-
elusive, but by subsequent legislative action
were declared to be only priDld fdcie evil
dence, before the body, which was wisely
empowered to render Judgment upon thems
II the Constitution had provided that with
out the examination Of any certificates or
the Judgment of the body, one claiming to
have ben elected a member of the body,could
take his seat and act with the body, the
Legislature, with all its great inherent pow
ers, would be destroyed by %intruders.
The inconvenience that would then follow
would be that the scenes that have occurred
this year would occur after each succeed
ing election. And if 1t be true, as insisted,
that newly elected members need not show
their credentials or unite themselves TO an
organized existing body, and that the courts
have no jurisdiction in the premises, the re-
suit would be anarchy and civil war, instead
of regulated constitutional liberty and civil
government.
THE ELEVEN TO TEN
1t is also insisted that eleven is a majority
of the Senate, and a larger number than ten,
| and for this reason that the Rogers Senate
should be recognized as the legal Senate.
aThis proposition is founded on the theory
that it is the action of individuals which
makes laws and elects United States Sena-
tors and other prominent State officers.
1t is not a matter of any Importance what
ever so far as the question OF organization
is concerned, how many members Joined the
Rogers Senate. Unless organized accord
ing to law and constitutional provisions, if
every member of both bodies were as
| sembled, they would be nothing but a mob,
and incapable of making laws or electing
| United States Senators or State officers.
at was doubted for a long time whether a
| Joint meeting could elect q United States
| Senator. This mode of election was es
| tablished by custom contrary to the opinion
| of the commentators and the best constt-
| tutional LAWYERS. 1t was insisted that the
| joint meeting was not the Legislature. In
| the convention which formed the Constitu-
| ton of New Jersey, one of its ablest mem
| bers amended the report of the committee
| changing the expression Joint Meeting to
THE Legislature in Joint Meeting On
page $50 of the Journal of the Convention,
Mr.. Ewing amended the report of the COM
mittee by striking out Legislature and
| inserting Joint Meeting On page Isl,
| Mr.. Hornblower had the vote reconsidered,
| and moved to amend by inserting before
t1oint Meeting the words 'Legis lature in
which was agreed to.
AN IMPORTANT
sit is impossible to overestimate the inn
~portance of observing the distinction be-
tween the members of the body individually
and the body itself as an organized political
| body. Al the members of any body may be
| assembled together, but If they are not prop
| erly organized they can do no legislative act,
This is not a matter Of form, but 1t is q mat
| ter of substance, because it is a matter OF
constitutional law: Tn Constltutlon Oh tne
| State prescribes what the Legislature shall
be, and unless 1t is organized as directed by
the Constitution, it is powerless.
ssThe importance OF this principle Is not
only dwelt upon by all the commentators on
the Constitution, but is illustrated In the
debates In the Senate of the United States in
| considering the validity of the election OF
| members to that body"
Mr.. Stockton then quoted from the pro-
| ceedings in the celebrated Harlem case of
Iowa.
NOT APPLICABLE TO II SENATE.
He declared that the law making election
| certificates prin1G focie evidence of the right
of legislators to their seats could not be APP
plicable to the Senate, after the Constitution
| committed to that body the sole right of
deciding as to the returns and qualifications
of the members. Mr.. Stockton told about
the Governor asking for his opinion, and
then supplementing it with a question as to
the custom in connection with organization.
81 told the Governor" said the Attorney
General, 'sthat to the existing and everything
Senate was committed the duty of Judging
promptly the credentials of each member as
presented. There should be no delay. An
| examination of the records discloses the fact
| that as a common practice the method has
been to admit the applicant upon the returns,
and then afterwards to examine into the
matter. But in every instance 1t is apparent
that the body claimed and retained to itself
the power to act when and how it pleased.
1t is difficult to see how it could be otherwise.
| The power of a legislative body to judge of
| the election of its own members is an abso-
Lutte power. controlled by no other tribunal.
1t is q power held to be essential to the free
election and independent existence Of a
| legislative assembly, and it has been guaran-
teed to the legislative bodies Of New Jersey
by express constitutional provisions, which
have been fully supported and protected by
our courts and our Executives. 1t is q power
which has always been exercised by every
legislative body In the State and country, at
its own will, as to time or manner, without
the possibility Of successful opposition or re-
view save that Of an appeal to the people.
VOORHEES, LITTLE REVOLUTION.
HNo instance can be found In the history of
this State or of the Federal Government in
which a Senator-elect voted on the approval
| OF his own certificate OF election. | And yet it
| 1yoe E.soauea of the refusal of the ma ioritv