The evening world., 1894-03-09
NEWJERSEY.
Mr.. ADRA|A HAS NO TITLE.
So Argues Lawyer Grey in Tren-
ton Quo Warranto Proceedings.
Therefore No Cause for the Issue of
tho Writ, He Claims.

TRENTON, n. j., March 9.-Samue
II. Grey. of counsel for President Mau.
rice A. Rogers, continued his argument
before the Supreme Court this morning
In the quo warranto proceedings brought
py the Governor to determine which l.
the lawful New Jersey Senate.
Mr.. Grey argued over an hour yester.
day afternoon, and this morning he
argued on the right OF the members.
elect to be sworn In as members OF the
senate on their certificates OF election
Mr.. Grey said that by decisions of the
Chief Justice Of the United States, each
mouse Of the Legislature. after their or
ganlzation. is the Judge OF It's members.
But" said Mr.. Grey. before the or
ganizatlon the members-elect holding
certificates of election are the ones to
organize. Until after that has been done
the election certificates are lawful evil
dence Of their right to ACT"
Chief Justice Beasley interrupted Mr..
Grey with this question:
rs there any instance of the rejection
oy the Senate Of the, incoming Senators
who have actually taken the OATH
Not to my knowledge. replied Mr..
Grey THE minutes for the past fifty
sneak now. OF the denial of the, right
Of cert!ficated Senator to participate
n the organization
Mr.. Grey's answer to the Chief jus
case was the only one In which persons
holding certificates of election were re-
fused admittance to the organizatlon.
Justice Albeit and Mr.. Grey carried
whether It was an exercise OF legislative
power when the Senate decides that a
mmber was not elected.
Mr.. Grey held that. as distinguished
judicial fnpcfipn he did not thin X
II was. The House. he held. when orga-
nized, takes from the constitution the
power to Judge Of the election and re
turn OF its own members. but until the
organization takes place. this cannot
be done, as the act Is not derived upon
one person or few, but the whole House,
and therefore a certificate OF election,
whether true or false, stands as prima
facie evidence emitting the person hold
ing II to participate In the organization.
Mr.. Grey next touched upon the ques-
tion as to whether there was such a
position as temporary President. He de-
MED that nine members, which was less
than a quorum. had the right to effect a
permanent organization.
Therefore," said Mr.. Grey, "as the
Constitution dos not recognize such an
Adrain has no o;c!al relation, even to
the minority OF the Senate. He has no
is the only man holding the office. there
Is Therefore no cause for the issue OF n
writ of quo warrants"
Mr.. Grey characterized the nine
Democratic Senators as an impotent
and arrogant absurdity, and said as a
Senate they were about as useless as II
they had each remained by their own
fireside enjoying domestic felicity.
Mr.. Grey In closing his argument said
that the situation as 1t now Is, was dis,
graceful, extraordinary. scandalous and
outrageous, and In view of the example
which 1t would establish, he prayed
God that the vourt would not deliver
an opinion upholding the Adrain Senate.
Allan McDermott, counsel for Presi-
dent Robert Adrian, followed Mr.. Grey.
The first part OF Mr. McDermott's ar
gument was upon the question Of con-
tinuous Senate. Mr.. McDermott said
that the whole Of the argument In Mr..
Rogers's behalf was upon the fact that
a certificate of election was prima-
facie evidence. He would produce ar
gument to show that the section OF the
election law under which this was held
had been entirely abrogated by the State
constitution OF 1S46.
Mr.. McDermott's whole argument was
based upon the line that after midnight
of Jan 8, 1894. the Senate OF New Jer-
sey consisted of thirteen members, and
as seven constituted a majority, Mr..
Adrain was therefore lawfully elected
President of the Senate.