The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-05-19

other. adjourn for more than three days, nor
to any other place than that IN which the
two Houses shall be sitting.
THE UNITED ATE COPIED.
A comparison Of these provisions in the
two constitutions shows that they are ex-
actly parallel, and it is apparent that the
language of the New Jersey Constitution Of
1874 is a copy of provisions in the Constitu-
ton of the United States, with only such
changes as were endered necessary by rea-
son of the difference in the terms of office OF
Senators in the two bodies and the con-
stituencies they represent. The only real
difference is that our Senators are chosen for
three years instead of six, and represent
counties instead Of states. But that one
Constitution was modelled upon the other
seems to me beyond question. The reasons
given by Judge Niblack for the continuity
of the United States Senate exist with
/ reference to our Senate under language
similar to that used in the Constitution of
the United States to create a continuous
| Senate. Not only does this clearly appear
from the language itself, but the history of
the adoption of the provision of our Con-
stitution, and the arguments and debate In
our Constitutional Convention, and the pro-
| cedure hereunder, confirm this conclusion.
When the convention met in 1914, two diff
ferent views were represented ~ the members
of that body. One party was in favor Of
| continuing the policy laid down in the Con-
| stitution of 1776, and making the terms of
office of the members of both houses an
| nual, while the majority were in favor OF
| modelling our Senate upon that of the
United States, The convention, after q
most interesting debate upon the report of
the COMMITTEES on this point, favored the lat
| ter proposition and settled the question by a
vote Of thirty to twenty-five
The reasons influencing the majority were
| clearly stated by Mr.. Vroom in his speech
| to the convention, June z, 1874. The com
position Of the Senate being under consider
alton, he said:-ssThe reason-the great OBJ
ject Of fixing the terms of Senators at three
| years, is not only because they are connect
| ed with the Executive, but by this means
| the Senate will be a more permanent body
than the House of Assembly. :
If the Senate is elected annually. you will
have a changing Legislature as we always
have had" On motion made to amend the
term Of Senators from three years to two,
Mr.. Ogden, although advocating it, said
'sThe reasons given in favor of permanency
| of the Senate are strong"
ESTABLISHED MODE OF ORGANIZATION.
After the Constitutional Convention of
1874 had, for the purpose expressed, incor-
porated in our fundamental law the pro-
visions of the Constitution of the United
States, which make the United States Senate
ian ever living body we find that the State
Senate at its first session in 1916 proceeded to
follow the exact mode of procedure, under
tho Constitution of 1914. that the United
States Senate at its first session adopted
under similar provisions in the United States
Constitution.
Not only was the provision of our Consti-
tuition in reference to classification of Sena-
tors suggested by the provision OF the Fed
eral Constitution, but the exact mode OF
dividing the classes used by the United
States Senate was adopted by the New Jer-
sey Senate.
The organization of the Senate in 1915 was
necessarily done in the manner stated by the
Journal. 1t was necessary, because there
was no Senate then IN existence which could
Judge of the credentials of the 6enators-elect
The New Jersey Senate in this respect fol
lowed the procedure OF the organization OF
he Senate Of the United States.
In every instance a President pro tempore
was chosen by the holdover Senators, acting
as the Senate, and was in the chair as pre-
siding officer of that body before any creden-
tials of Senators elect were presented to the
Senate. These credentials were always
presented by a holdover Senator, and the
returns and protests were read and referred
to a committee or otherwise disposed of by
the Senate, acting as a tribunal having abso-
lutte power over the subject matter.
From 1916, when Senator Wurts was
chosen President pro tempore Of the Senate,
to the present time, no one has ever
election by the holdover Senators OF
a President pro tempore; nor has the
holder Of credentials of any county ever been
admitted to the Senate. No Standardized
has ever been admitted except upon the APP
proyal of his credentials or the waiver
thereof by a Senate presided over by q
President; nor is there a single instance,
since 1S45. where a Senator has been in
Quoted except by taking the oath of office in
open Senate, administered by the President
Of that body.
The question in this case is not what the
holdover senator's should do IN the perform
ance of their constitutional duty, but whether
they had the power and authority to act as