The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-21
ANOTHER REPORT.
From the United Press.


TRENTON, March 81, 1894.-Chief Justice
Beasley commenced reading his opinion in
the Senate case at thirty-flve minutes past
ten o'clock today 1t was in favor of the
Republicans The question of the New Jer-
sey Senate being continuous body or fac
sirnile of the Federal Senate, he discussed at
length, and declared that it was not a con-
tinuous body.
The effect of the decision to have all the
bills passed by the Republican Senate and
laid on the Governors desk, become laws
without the Chief Executives sanction or
objection, the State Constitution providing
that any law left with the Governor which is
not vetoed within a period of five days shall
become law.
One bill legislates Barney Ford, the Super
intendent. out of office. Another legislates
ali the police justices of the State out of Of
fee, and still third partisan measure dis
poses of the services of Judge Thomas Noonan
of Bayonne, Hudson county, and hosts of
others.
Not since the first day of the legislative
session on January 8. when it was known
that the Follower Senators would attempt to
take possession of the Senate Chamber and
decline to seat the Senators-elect, had the
State Capitol been so crowded as 1t was this
morning when the court, after hearing ten
days' argument of twelve of New Jerseys
~.0s
that action was legal or illegal
CHIEF JUSTICES DECISION.
The Chief Justice said:
ssThis case has been placed before court on
a rule to show cause why writ of quo tcar-
ra,,to should not be issued. 1t appears from
the evidence taken there are two Senates,
one styled the holdovers, aud the newly
eIected. One consists of eleven, and one Of
.sTbe Democrats are called the Adrain
Senate, and it has been recognized by the
Governor, and the Rogers Senate is recog-
nized by the House. It has passed laws and
appointed State officers with the co-opera-
tfon of the House. The object OF these pro-
ceedinps is to establish which is the Senate.
ssBefore proceeding with that question we
find an objection by Rogers counsel to this
court taking cognizance Of this question. 1t
is confessed that the argument on jurisdic-
tion is founded on legal principle not to
admit of debate, for 1t proceeds on the
theory that the Senate is constitutional
body.
aft is observed that if the Rogers Senate
has no legislative existence, this court can
take Jurisdiction, because it was organized
in violation Of the Constitution. The
authorities are so numerous that the court
will not weary the reader
ssThis court has no desire or will it attempt
to interfere in any way with a coordinate
ceive of more onorous time in the present
question. The President of the Senate is
not an officer which this court is prohibited
from issuing quo tcd9Tanto against. The
statutes justify the present proceedings.
The court could not take action against a
genuine Senate.
1--WE will not decide anything but the case
before U.S. When it becomes necessary to
separate the various branches Of the Govern
merlt we are very cautious Such interven-
tion is dangerous in the extreme.
ssHaving disposed of the question of juris-
diction, we will now proceed to the main
question, counsel having agreed that If the
court took jurisdiction we should proceed to
determine title.
THE LEGAL SENATE.
| nUpon looking into the facts it will at
once be apparent that the controversy is the
right of the Adrain Senate to dominate on
the occasion of the introduction of new
Senators The Attorney General says the
Senate is continuous body.
sit has not, nor can it be denied that this
is not according to the Constitution, and,
therefore, q creature of construction. The
Constitution provides that the House shall
be elected yearly. and that two Houses
shall meet after January 9, after which the
two Houses shall commence their legislative
year. "a,
sion of the Senators according to their terms
It is apparent that the Constitution does not
attempt to say that the State Senate, hk {
the Senate Of the United States, has an ever.
living existence B.