The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-14
SERVICE ADMITTED
Republican Counsel Agree to
the Request of JUS
tice BeaSley.
BUT RESERVE RIGHT OF APPEAL.
Mr.. MeCarter Arouses the In
dignation of Messrs. Linda
bury and Stevens.
ATTORNEY General Stockton Begins
BUT RESERVE RIGHT OF APPEAL.
Attorney General Stockton Begins
What Promises to be Very
Strong Argument.
Special to the Jersey city Ne,cs.

Special to the Jersey City Netcs.
TRENTON, March IA, 1S94.--Joy pervaded
the tents of the Republicans last night and
those among them who had any sporting
blood in their veins were freely wagering that
the Supreme Court would decide the quo
.oarranto proceedings in favor of the Rogers
Senate Those among them who do not bet
are not the less ardent in their predictions
that they will receive a favorable decision.
All this Joy was caused by the announcement
made by the Chief Justice at the opening OF
the court yesterday morning and published
in THE JERSEY CITY NEWS of last evening.
Stripped of his legal verbiage they say it
means that the court will assume jurisdiction
and will decide the question OF title, that Is
whether Adrain or Rogers has any right or
title to the Office of President of the Senate,
ON the argument now going on provided that
both sides would waive the technical course
the law requires the writ to take, and agree
to admit as fact the evidence taken before
Commissioner Dickinson. The next an
nouncement that the court would not sit as
the Court of Errors and Appeals until Mon
day, the Republicans oonstrue to mean
that the case viii be decided this week They
also reason that the questions which the
the judges have asked the Democratic law
yers plainly indicates that their decision will
be in favor of the Rogers Senate
MR.. M'CARTER'S ARGUMENT
Mr.. Thomas N. .McCarter continued his
argument at yesterday afternoons session:
s1If the court finds on the evidence that
he was elected by the quorum of the Senate"
he said, land that the House has acquiesced
in such an election, the court can easily find
that he occupies the position of President de
.fz. xuit hc1f a nv
ton; and the ascertainInent of that result
would necessarily lead to denial OF leave to
file this investigation, because there cannot
be the slightest pretence that Mr.. Adrain is
lawful President of any Senate, or ever has
been of the present Senate. He does not
even claim to be anything more than FreSl-
dent pro tenpore.
1.-THE introduction of Adrain into this dis
pute seems to be device resorted to by the
astute counsel of the relator, so as to raise a
sort OF case of interpleader, by which it is
hoped to induce the court to take jurisdiction
of the question, which it would not have
done had the proceeding been against Rogers
alone.
1.-THE Governor and Attorney General are
estopped from asking for this relief. From
the form in which the application is made to
the court, it would seem that the Governor
finds himself very much embarrassed by the
circumstance that two persons claim to be
President of the Senate. 1t appears that as
soon as the so called temporary organization
of the minority Senate was effected a commu-
nication was sent by that body to the Cover
nor that they were organized and ready for
business. At the end of five minutes the
committee appointed to wait on the Govern
or reported that they had attended to that
duty and that his Excellency would COM
municate with the Senate by message, which
report was shortly followed by the entry of
the Governors private secretary and the de-
A i x1o[. r.~Q% N0rr
ernor's message. The effect of that act of the
Governor was to cause all the trouble which
has resulted from this unfortunate state of
things. In other words, it has been brought
about by the Governor.
80 far as Adrain is concerned, both the
relator and his counsel, the Attorney-Gen-
eral have concurred in Abrams so-called
usurpation and done all in their power to
promote it; have waited until the conse-
uuences of their conduct have been obStruc-
tive to the legislative power of the State,
and now como in and ask the court to shift
the responsibility on their shoulders The
Governor deliberately decided that the
Adrain Senate was the proper one; be sent
his message to it; he refused to act with or
acknowledge the acts of the majority Senate,
and has thus blocked the wheels of legis-
1ation. His counsel has concurred with him
in such conduct, and has given an opinion
manifesting great want of knowledge as to
law, which opinion has been the only thing
which gave the slightest color of legality or
respectability to the claim Of the Adrain
Senate. The Governor can relieve the diff
Guilty at once by reversing his own action.
Nothing but his confidence in the Attorney
Generals opinion, and pride in bis own can
restrain him from SO doing. He has pro-
duced anarchy and disorder, and he can re-
store order by his own volition.
NEFARIoUs POLITICAL CONSPIRACY.
fsThe court is asked to become q party to q
most nefarious political conspiracy, having
for its object the reversal of the popular will
and to keep on the statute books laws for the
realization and encouragement of racing and
gambling, which the people have condemned.
1t has brought disgrace on the state
and all concerned In it. The court is asked
to perpetuate such confusion and make it
self party to it and responsible for it, and
SO share in the odium which now rests upon
the originators and promoters of the scheme.
The evidence is abundant to sustain the
charge that these revolutionary proceedings
have been and are the results of q deliberate
and carefully planned conspiracy by which
the popular will as manifested in the last
election was to be nullified."
Mr.. McCarter gave vivid description OF
the proceedings in the Senate Chamber on
the day set for the Legislature to meet. He
claimed that the action of Adrain and his
fellow-Senators was in accord with a pre-
arranged plan, and he vigorously scored the
leading members of the party for abetting it.
Continuing he said A1though these
proceedings had been foreshadowed by news.
paper reports the public was astounded by
the audacity and revolutionary character Of
the proceedings and more astounded when
they learned that such proceedings had re-
ceived the recognition of the Governor and
the sanction of the Attorney General which
brought about state Of things the like of
which has never been witnessed before in
New Jersey. / predict with the utmost
confidence, that the court will not comply
with their petition. If it does, it will estab-
lish q precedent for all time by which
rogues and political thugs will be encouraged
hereafter to resort to similar devices to
nulify and destroy the will of the people as
expressed in its regular and legitimate
cbannel-the ballot box.
Mr. McCarter was speaking when the
court adjourned for the day.
RICHARD WAYNE PARKER'S BRIEF.
Richard Wayne Parker. of the counsel for
Senator Rogers like his colleague Gilbert
Collins handed to the court bis brief in the
case IN substance it WIS as follows -:
This case seems clear. and governed by con-
s;derations which will make 1t impossible for
anv court to grant leave to file such infor-
nation. At the same time it is fortunate
that the reasons for such refusal will dispose
of the merits Of the whole case.
Upon the evidences it is clear that NO writ