The sun., 1894-03-22
REyTON DEADLOCK BROKEN.
srPREME COURT DECIDES
,o,INsr THE DEAoCRATa

I,.ues Bsssisy wri,ss the opiaiou-
J,.tice Asset Dissent.-ons Eject
: .. Rspeai All OF Last Years Race
r-.,s Law. ssd Prevent All Bsttine
,.-,... At Race Trseks-Adrntu and All
os.r Democrat. viii Probably Join
.. R.pubnean senate Thi- Morning.
..,v,oS. March 21.-Chief Justice Bsasley
-. .,.orninQ read the opinion OF the Supreme
-, n the senate deadlock case. The opin-
Wed.,lares that the contention Of the Repub-
-. that the court has no jurisdiction in the
y. !. lot good and then decides that Senator
'Ir.in has no title to the ofllce Of President Of
=. ssnste. but that Senator Rogers was elect
TN. majority OF those legally entitled to
~. mart in the organization OF the Senate.
- ,hsrefors his title to the sflce OF Presi-
~, IA constitutional and valid. The Chief
,..,,.. said chat justices Van syckle. Depue.
nan, nan Reed. Garrison. and Lippincott con-
80 in the decision. but that Justice Albeit
"a other views. which he would formulate
"a Al. hereafter. On the question OF iuris-
s..,,n the Chief Justice said in part:
THAT this court has the legal right to enter
,.,, u,sdiction In this case displayed By this
..,o,d we have no doubt and we are further
y.,inion that 1t Is scarcely possible to con-
-. NJ anv crisis in public affairs that would
\ -.,. imperatively than the present one call
a, ina Intervention OF such judicial authority.
...t present advised. / do not perceive how
Nv case there can be any judicial interfer-
-. With the actions. appointments or pro-
...dinas OF a true Senate OF the State. unless
A. ,.ms shall be shown to be out OF harmony
IN the Constitution itself. We wish to be
,,asrstood that We do not intend to and do
,Adeelde anything further than the case now
hiore US
when BY judicial action it becomes neoes-
,ry 10 denmark ;he constitutional lines which
.Dar,te the jurisdiction and powers OF tho
.,,rsl independent dspartments Of Govern
u,ut each from the others. we are deeply con-
,eious that In such momentous matters We
,hOuld be always on our guard. and that our
,udxment with respect to them should be in
,rably in the concrete for experience has
damon arated that theorizinR and speculation
an such OCCASIONS are dangerous In the ex-
b,me and are inventions that have severaliy
,sturned to plague the inventor"
On the point OF continuity OF the Senate the
opinion says:
The nrst and most elaborate argument
,rsssad with such force and earnestness upon
tb.sttention OF the court by tho learned Attor-
,sy.Gsneral and his able associate. Mr.. McDer-
mott was grounded almost entirely upon the
met that the clause In the Con stituton Of this
State that gives to the N en- bership OF the Son.
ss . continuity OF life BY succession Of mem
bers in such q way that provides for the con-
unual presence OF q quorum Of the body. was
4 transcript OF q similar provision in
tho Federal Constitution. and It was
Insisted that the language OF the regula-
ton so adopted had. before its adoption. q
settled meaning denoting the permanent eI-
stence OF the body regulated by 1t. II wewere
to assume the truth Of the foregoing state
msnt In all its parts no one could doubt that
the reasoning founded upon it would be en-
titled to great weight. 1t cannot be denied
that the section Is in substance a copy Of q
clause In the Constitution Of the United States.
and II the clause so imported had antecedent-
II received an authoritative Interpretation It
would be but reasonable to infer that the
trainers Of our organic laws. many OF whom
were Justly Of great learning and experience.
understood the provision in the sense thus
expressed upon II.
Under such circumstances no other conclu-
sfon would be at all rational But upon care
ful examination OF the subject / am satisfied
that the assumption In question In wholly
without basis. So far as have ascertAined. no
person. whether text writer. iurist, or states
man. has ever asserted that the clause under
discussion bears the force and meaning now
for the first time imputed to It. and 1t would
have been singular. indeed. II any critic had
untured to express such an opinion. for the
constitutional provision obviously would re-
fuse to bear such treatment The expressions
.mploysd do not, in any degree. import the
continuance OF the Senate itself. but SIMPLY
provide for tho succession and length OF the
terms OF he members OF that body.
a n fhA = oh nj tha M Nan n M
tspate in the organization OF the Senate. the
opinion says:
the body organized, and consequently. it in
yolyss the right OF the counties to participate
hthe decision OF the ail-im portant question.
body and which Of them shall be unrcpree
ssntsd IL seems to me that the mandate OF
-: a:.S q that the Senate shall be com
sdopton OF, tho hypothesis that, each
ss.sdnss assslt n tSs S,eS SomDo.iton M @i Ci
ne body itself. When, therefore. on the occa-
nVn %. mat gave rise TO the present controversy
ne. Of the State should be excluded from all
paaieipstion in transaction so vital TO their
dthe entire common wealth. a doctrine was
asserted that must be considered as devoid OF
az reasonable foundation. unless 1t can be
q the primary law OF our state. The prin-
sipis that two-thirds. or even a lesser mum ber,
eno ScnatoTs cnOeon Jy tne counties snail
hNs absolute ascsndancy in the organization
otths Senate is. IL should be noticed In passing.
not only antAgonistie to the language and
spirit OF the Constitution. but is likewise In
conspicuous violation OF that great and funda-
mental law underlying all our Institutions that
me viii Of the majority OF the people that
. The opinion says thar the same clause Of the
PROSTITUTION governs the organization OF both
mouse and SenAte. Both are required to meet
teAIly at an appointed time and organize.
AIueIe OF the Constitution provides tn at the
we Houses shall meet separately on the sec-
vvnd tuesday in January next after the said
IJ ol election. at which time OF meeting the
NknAuye year shall commence.
Both Houses here" saws the opinion are
paced upon the same basis for tho same pur-
kose. and most 4ssurediy they arc thus simi-
aMu Treated as though an organization were
S9Ssiiy essential to the legal existence OF each
10Y. The Assembly Is, OF course, Q body that
hssds yearly resurrection. and the Senate 10
asstg sa required, to all appearance. to 10 pre-
pseJ what the Assembly il directed TO do.
bsJond all question We here lind that duty Is
~ posed on both the Assembly and the Senate
"eonyens at an appointed time and to effect
sysally Organization. such a regulation Is
hper9priate TO body that expires yearly. but
nn Inappropriate and ecedentsd in its
ssppneaton to body that is possessed OF r.
Snited States Senate. which is an ever
Wns body, there is no fixed day Tor
me admission OF new msmbers elect. The
ttstuleates OF Incoming Senators are presented
a m