Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-16
WORCESTERSHIRE
Opinion Rendered in Favor of the
Democrats.
VIEWS OF THE ATTORNEY GENERAL
Senator Abrams Title Recognized
as Legal.
STORY OF THE DISPUTE.

TRENTON, n. J.. Jan. 1e.-Gov. werts
sent Attorney General Stockton's opinion
on the legal status of the two senates to
both organizations this forenoon, and with
brief message as follows, addressed to
Senator Adrain as president pro tenn Of
the senate"
1 inclose herewith the reply Of the at
torney general whereby am advised that
the body over which you have the honor
temporarily to preside Is the constitutional
senate. and that the body organized under
the presidency OF Mr.. Rogers did not repre-
sent the senate of New Jersey. / UNDER
stand that the body presided over by Mr..
Rogers is composed OF eleven persons. four
Of whom are conceded to be constituent
members of the body over which you pre-
side, but who (although for a time present
thereof withdrew therefrom and associated
thereto) withdrew therefrom and associated
themselves with seven persons who claim
to have credentials regularly emitting them
to seats in the senate. but which credentials
have not been submitted to or passed upon
by the body decided by the attorney gen.
eral to be the constitutional senate.
Cause of the Dispute.
Il understand further that the reason as
signed for the withdrawal of said four
members was an alleged apprehension that
a course might be adopted by the Senate
with reference to the credentials of ap-
plying members different from that hither-
TO pursued.
There has been considerable heated con-
troversy and consequent disagreement as
to the purpose OF the four retiring menu
bers in entering the body over which YOU
preside, the time of their entrance and
their acts and doings while present there
IN. L presume the journal of a constitu-
tlonaI Senate must be accepted as the un-
impeachable record of its proceedings; but
however that may be. IL seems to me that
the controversy alluded to is altogether for
elgn, lnasmuch as Il was not only the right
or those four members to be present and
participate in the proceedings of the SEN
ate, but IL was their duty TO be present
and there to remain.
Realizing that the existence of dual bod
les Was probably owing TO a misapprehen-
sion as TO the course 10 be pursued toward
applying members, presenting credentials
regular IN form. L requested the Attorney
General 10 further advise me as to what
has been the course and practice of the
senate with reference to the admission Of
newly elected members and what are the
constitutional powers of the Senate as
judges of the election. Qualifications and re-
turns OF It's members, in reference to the
admission OF msmbsrs on their creden-
tials
THE replies of the attorney general to
such further inquiries are also embodied
in his inclosed opinion.
The Custom as TO Credentfala.
while it seemingly appears that as .
matter simply of absolute power and re-
sponsibility only at the bar of public opin-
ion the Senate in judging of the election,
qualifications and return of its own MEM
bers is practically a law unto ITSELF and
while it is not my right or province to die
tate or even recommend what course &c
should pursue in dealing with the creden-
tials Of applying members l. nevertheless,
In view Of the apparent cause of the ex-
| listing situation, presume to direct special
attention to that portion of opinion of the
learned attorney general wherein Il 10
stated that when they (the credentials) are
I'm proper form and there is no dispute an
to the authority of the party who makes
the certificate ii has been the universal
custom in the Senate of the United States.
and believe in the senate of New Jersey,
to admit the claimant to his seat, notwith-
standing an attack by protest or otherwise
had been made on the validity Of the elec-
ton.
1T would thus seem to be the common
law OF the legislative bodies mentioned, es-
tablished by uniform custom and precedent.
that a claimant presenting credentials reg
ular in form and attested by proper au-
thority should. In the first instance. be
seated thereon.
Il am not aware that any different rule
is sought or intended to be applied In the
present Senate.
The appointment OF a committee Ito re-
port upon the validity-i.e.. the regularity
of credentials) is entirely competent. and
but a means of imparting to the Senate
collectively such Information concerning
the credentials presented as each member
is presumed to acquire for himself. In the
single case of credentials presented and re-
ferred the committee speedily reported their
regularity, and the applying member was
promptly seated. i would not have IL in
ferred from anything herein said that the
secession Of sitting members could be legal
ly justified because of any course the Sem
ate, in the assertion of the absolute power
before referred to, might adopt with refer
ence to the credentials of an applying mem-
ber.
II shall transmit a copy hereof, together
with copy of the opinion of the attorney
general to Mr.. Maurice A. Rogers, In the
hope that the matter thus presented may
be brought to the attention Of both bodies.
and suggest the proper solution Of the pres
GEORGE t. wERTs."
Trying to Get Together.
A strong effort between the republicans
and democrats to 'get together" is now in
progress.
The republican senators have appointed
Messrs. Rogers, Voorhees, and Stokes q
committee on compromise TO meet demo-
cratic committee. consisting OF Messrs-
winton, Adrian and Daley. The COMMITTEES
will probably meet this afternoon.
The Republicans Reply.
The republican senators have drawn up
a reply to the attorney general. saying
they wish to correct numerous errors OK
fact which Gen. Stockton took from the
so-called journal OF the body which ne
recognizes as the regular senate. and which
is designated the democratic senate.
They set forth that there is no precedent
to show that a senator holding regular
credentials was ever prevented from par
ticipating in the proceeding relative TO
the organizatio Of the upper house.
They deny the attorney generals claim
that thirteen senators answered the ron
call, and declare that IL the minutes of the
senate contain such a statement IL is a will
full misstatement of facts.
The democrats did not conduct their pro-
ceedings i'm good faith, but they planned to
subvert the rights of lawfully elected sena-
tors In conclusion. the republicans say
they have avoided all occasions OF personal
conflict, believing that the people desire
and expect from them assertion of the dig
nifty in their efforts for pure and wholesome
legislation.
The Democratic Claim.
The democratic senators have just issued
the following:
ITO the people OF New Jersey: There
has been so much partisan misrepresenta-
ton of the attitude of the democratic statA