The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-21
wERTs' PROMPT RECOGNITION
The Governor Win File All Bills Left
With Him-Commissions for
Hancock and Swain.
JUSTICE ABBETT's DISSENT
Special to the Jersey City Nesps.

TRENTON, March 81, 1S94.--Seats were at
a high premium in the Supreme Court
Chamber this morning, and standing room
was exceedingly scarce when the judges,
headed by Chief Justice Beasley, emerged
from the consultation room and took their
seats upon the bench A death-like stiffness
fell upon the crowded room when the Chief
Justice raped for order. He ordered the
doors closed and began his opinion by stating
how the matter came before the court. The
nine holdovers would be called the Adrain
Senate and the others the Rogers Senate.
The question of the court was which was
the rightful Senate, as both COULD not be
such.
COURT HAS JURISDICTION.
The Rogers counsel, however, had at the
outset raised the question Of jurisdiction.
This court does not claim any authority to
inquire into the organization of the Senate,
but, when it is plain that in such organiza-
ton the body has violated the provisions of
the Constitution, it is the province of the
Judiciary to interfere, and the court has no
doubt of its right to interfere in this matter.
The statute of quo aoayranto in this State is
much wider than its English prototype, and
takes in every Office which is usurped-
legislative as well as any other-and the
court has a right to inquire into all such
matters when such course does not interfere
with the Constitution.
SENATE NOT CONTINUOUS BODY.
Having thus disposed of the preliminary
question in favor of the jurisdiction of the
court, the court proceeded to consider the
main question, that the holdover Senator'S
were continuous body and that no new
members could be admitted until their Gre
dentials had been passed upon by these hold
overs. The Chief Justice read the sections OF
the Constitution which were quoted to sub
stantiate that claim. It was apparent from
these that the Constitution does not attempt
to define the continuous life of the Senate.
It is contended by the Adrain Senate that it
had the right to act upon the credentials of
the new Senators at such a time and in
such a manner as it saw fit. This
would resolve the whole subject
to the one question, is the Senate continu
Gus bodya Upon careful consideration of
! the subject, the court was satisfied that
there was no basis for the contention that
thesSenate is continuous body.
EACH COUNTY MUST HAVE A VOICE.
The Constitution says the Senate shall con-
sist of twenty-one members. The object OF
that clause is that each county shall have
voice in all matters which come before the
Senate, and to deprive any county of that
voice would be wrong. To say that only
part of those Senators should take part in
the organization of the Senate cannot be
entertained When, therefore, on the occasion
which gave rise to this litigation, twas said
that two-thirds of the Senate should be ex-
cluded from participation in such vital
question as the organization OF the Senate,
a doctrine was advanced which is devoid OF
all reasonable foundation, and contrary to
the clause of the Constitution, which says
that the Senate shall consist of twenty-one
Senators.
The Constitution provides that each House
shall organize every year. Both are on the
same footing in this respect. The Senate
organization, therefore, does not continue
from year to year any more than that of
the House.
CONSTITUTION AND ORGANIZATION.
Each House is commanded by the Consti-
tuition to meet on certain day and effect an
organization. Yearly this is imperative
upon the Senate as well as the House The
command that the Senators shall meet each
year and organize, repudiates the idea Of
continuous body.
an fne,n the Chief Justice said, latter q