The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-09

sidered that at the end OF the legislative
years the old Senate died as a body, other
wise there would be no necessity for organ
ization by the election of temporary Chair
man or attempt to consummate that organ
ization by electing permanent officers
NO TEMPORARY OFFICER.
The next point taken up was whether
there is such an officer as temporary presl-
dent, which Adrain claims to be. In Eng
land, Mr.. Grey said there were no such
officer. A president, temporary or perma-
nent, must have body to preside over, and
such body must be composed of a majority
of the Senators, either voting affirmatively
or negatively. Such majority Mr. Adrain
never had.
| Mr. Grey humorously described the man
ner in which Senator Adrain took the presi-
dents chair, called the Senators to order,
| the scenes attending the arrival of the Re-
publican Senators, who, he said, were
thrown into the Chamber through crack.
WHEN FRIENDS QUARREL.
In speaking of what the Democratic Sena-
tors did by themselves before the Republi-
cans were admitted, he said that the secrets
of that penetralia would never be divulged
until those who are now considered friends
should quarrel among themselves and ex-
pose them.
This sally raised laugh which the Chief
Justice who was struggling to keep his own
Mr.. Grey claimed that the man
ner in which Senator Adrain allowed
Senator VOORHEES, to defy the author
ity of his sergeantat-arms on the
day of organization plainly showed that
neither he nor his associates placed much re-
lance upon his claim to be the presiding Off
Ger of the Senate. He raised another laugh
by ridiculing Abrams claim. He said he
took his title to the presidency like a bishop
took his to the episcopacy-not from his pre-
decessor, but from the Apostles in the days
of the Saviour.
"Why should he be tried over again9" ex-
claimed Mr.. Grey. 'sWhy elect the chosens
Why annoint the annointed"
The color in Senator Abrams face deepen
ed materially as Mr.. Grey designated
the Democratic Senate as an impudent,
arrogant minority impotent to do anything
except adjourn. He said that Thompson's
journal was no journal, as it did not bear on
or decide the Senate or majority thereof.
He closed by claiming that the court should
settle the controversy by refusing to grant
the writ against Mr.. Rogers and say that
the body which elected him is the Senate.
ALLAN M'DERMoTTs ARGUMENT.
Allan McDermott followed. He devoted
the first part of his argument to reading
from the testimony taken in the case to
show that the crowds which prevented the
Republicans from getting into the Chamber,
were brought there by the Republicans
themselves Allan McDermott said:
1.-THE undisputed facts are these: At mid
night of the 8th day of January, 1894, the
terms of eight members of the Senate ex-
that body. The body did not go out of ex-
istence at the first moment of the 9th of Jan
uary. There was Senate of
New Jersey composed of thirteen
members At that moment the
Governor of this State could have called
1,aA ,I,,,,ff 10
nominations for the vacancies to be created
two months later by the expiration OF the
terms of the two justices of this court, and
the confirmatory action of that body OF
thirteen Senators would have lacked nothing
of entire validity. This proposition con-
tinued good. Entire Senate met. Section
SIS of the general election law is invoked.
This says only that a certified copy of the
statements of the determination of a county
board of canvasSerS shall be DEEM
ed and taken to be pr'inaa fdeie
evidence of the right of
person mentioned therein to seat in the
Legislature, but the statute does not say that
the presenter of such certificate will be ad-
mitted to membership, and if it did, it would
be clearly an unconstitutional substitution of
the declaration of an election board for the
judicial function reposed in the Senate"
A CONTINUOUS BODY.
The trainers of our State Constitution
body, its prototype in this particular being
the United States Senate. Mr.. McDermott
quoted from the proceeding of the iorganiza-
ton of the first United States Senate and
the first New Jersey Senate to show that the
action of the two bodies was identical. He
said that the fact that the Constitution said
that those whose terms expire shall vacate
their seats proved that the body was con-
tinuous.
ABRAMS TITLE.
In speaking of Senator Abrams title to the
office of President Mr.. McDermott said that
he was President even if tine four holdover
Republican Senators had not entered the
Senate on the 9th Of January. At the first
moment of that day the membership of the
Senate was reduced to thirteen members.
A majority of these constituted Quorum
to do Business Seven members constituted
that majority. These thirteen members
were the Senate of New Jersey Their pro-
per place of meeting was in the Senate
Chamber, and they were entitled to meet
there at any time after twelve o'clock on the
night of January s, and form not only a
temporary, but permanent organization.
They were and are the Senate Of the Legis
lature of 1894.
Nine of these thirteen members met at, or
within two or three minutes of three o'clock,
in the Senate Chamber and elected a Presi-
dent They were not bound to wait for the
four other members. They were majority
of the then existing Senate.
THE LEGAL SENATE.
In conclusion Mr.. Adrain submitted that
the thirteen Senators inducted prior to
January, 1894, were the Senate on the 9th of
that month That no one is entitled to
admission to that Senate except by its
adjudication. That this Court can
pass upon the question of whether
that adjudication has been given. That
majority of that Senate constituted a
quorum, empowered to elect officers, pass
upon the title of applicants for membership,
and issue writs of election to fill vacancies.
That the power was exercised by the cleo
tion of Mr.. Adrain and that the testimony
shows that the organization effected by his
election was recognized by at least eleven of
the holdover Senators.
THE THOMPSON INVESTIGATION.
Line of Testimony to BE Taken at
Gloucester.
Special to the Jersey City Neacs
TprNToc March O 1904 The rnonotono1IS