New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-14
THE COURT ASKS FOR POWER.
AN IMPORTANT REQUEST FROM THE
SUPREME COURT AT TRENTON.

| IT DESIRES THE COUNSEL IN THE QUO WAR
RANro PROCEEDINGS TO ACKNOWLEDGE
ITS JURISDICTION BEFORE 1T PASSES
ON THE SENATE DISPUTE.
(BY TELEGRAPH TO THE TRIBUSEI
Trenton. March I3-Ex-Judge Stevens took up the
whole morning session Of the Supreme Court to-
day with his arguments for Governor Werts. In
his effort to convince the Court that It's writ OF
quo warranto should be directed against both Rob-
Adrain. OF the Democratic rump Senate. and
President Maurice A. Rogers OF the lawful Senate
Mr. Stevens insisted that neither body had been
legally organized and he did not believe that the
working maorty Of the Senate had the power TO
elect its presiding officer After luncheon the Court
held half-hours conference. and it was soon APP
parent that the Justices had been discussing the
question Of Jurisdiction. On taking the bench after
the conference and before Thomas n. McCarter.
who to close the Republican side Of the cons
troversy. had begun his argument. Chief Justice
Beasley said the Court desired to call the attention
OF counsel to suggestion made at the opening
of the argument. There questions before
the Court, those OF jurisdiction and title. The
Court did how it could pass upon either
title under the rule. II the counsel would agree.
in the event that the Court assumes Jurisdiction
to consider the information filed, the Court could
proceed to pass on the titles and settle the case
once. At the close Of the argument the dozen
lawyers conferred and decided to give the Court
a answer when the argument Is ended tomorrow
Mr.. McCarter had rot more than half finished
his argument when Court adjourned to-day. and he
will finish Tomorrow 1t is not thought the Court
will decide the this week. Mr.. McCarter for
President Maurice A. Rogers, in making the clos
ing argument to-day for the Republicans. said the
Governor must be regarded private relator and
not the whole State of New-Jersey. The Court
had Jurisdiction and he quoted the quo warranto
bic for no
ernor had admitted that Adrdin was not president
Of the Senate: why then do they ask that writ
be directed TO him as usurper? To say which
claimant Is president of the Senate. the Court must
say which is the lawful body, and the Court is
asked to pass Judgment OF custer against Mr..
Rogers. was elected by ma jority OF all the
Sena tors The counsel quoted many authorities and
asked: Suppose "A judgment OF custer should be
rendered by this Court against Mr.. Rogers, and he
should refuse to obey II. how would the Court en-
the Senate Chamber and drag him from his seat?
And even If President Rogers should obey the judg-
once. and then how long could this game Of battle,
dore and shuttlecock be carried on The counsel ,
quorum could elect president or transact any law
full business. Mr.. McCarter said that so far as
Adrain is concerned. both the Governor and At
torney- General have cOncurred in the usurpation
and have done all in their power to promote it.
from their shoulders The Court is asked to become
a party to a most nefarious political conspiracy.
Governor Werts can relieve the difficulty at once
by reversing his action He has produced
anarchy and disorder and he can restore 1t by his
own volition Except for the Governors act, Adran
could never have been in his present position The
counsel scored Attorney General Stockton. The At
torney-C General had rendered labored official
opinion. he said. to intimdate the Senators-elect.
II didn't work. and he and his fellows ask
the Court to get them out of hole. The evidence
is abundant to sustain the charge" said the coun-
sci. that these revolutionary proceedings have
been and are the result of a deliberate and care
fully planned conspiracy by which the popular Will.
manifested in the last election, was to be multi
fed. That election too like n thunderbolt. IL
came time when the Legislature was APP
parenty given over to the control OF gamblers and
disreputabe men. who not only controlled II, but
exercised some magn influence over other depart
ments OF the government. II found the treasury
subject to depletion by a swarm of unnecessary
ofice-holders."
Mr. McCarter cited the scandalous actions lead
ing up to the Senatorial deadlock, and said: Il
predict. with the utmost confidence, that the Court
will not comply with the Governors petition. If 1t
which rogues and political thugs will be encouraged
hereafter resort to similar devices tonulify and
I he ha Hot .