The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-13

III tSC4l VA w - WV
the several rights of Maurice A. Rogers and
| Robert Adruin to these statutory franchises
and powers REV. p. 903, I'd sub-div.), l pro-
| ceedto discuss whether cave should be given
| to the relator to file one against either or
both Of these gentlemen.
AS TO R
Nrst.-As to Robert Adrain, an inforina-
| ton is unnecessary because he does not eXer-
| else or claim the right to exercise such iran
chises and powers, or to be President OF the
| Senate, All that he claims or can claim Is
thathe is pro tenapore presiding officer OF
that body, pending formal organization.
| The so-called Senate Journal introduced IN
his behalf shows nothing more than this, Il
| he has not taken the necessary constitutional
oath Cart. w., Sec. VIII. pl. p of President
of the Senate
But he cannot successfully claim even
| this. BY the Constitution art. ", Sec.
", pl 2 a majority Of the Senate is neces-
sary to constitute a quorum and do busi-
ness Nine Senators attempted to elect
| Mr.. Adrain President pro teapore, but 1t Is
only by the false assertion that four others
afterwards entered the Senate Chamber q
the chair, thus las claimed participating
in the proceedings and recognizing him as
| President, that it can even be argued that
he became President pro tcnapore. The
| slightest consideration is convincing that
this argument is a non sequttuf. 1t is the
| UNIFORM usage IQaL Inc Secretary Ol lHd ldo1
| Senate shall call the roll, and a Senator may
well answer to his name for the express pur-
pose of being heard in the matter OF q tenn
porary organization. The TACT that Mr..
| Adrain happened to be seated in the Presi-
dents chair gave hin no greater right than
if he had occupied another place in the Sen
ate Chamber. 1t is impossible that the mere
coming to the proper place at the proper
time to organize the Senate, and then and
there answering to ones name, can bind a
Senator to a previous unlawful and uncon-
stitutional temporary organization, effected
in his absence,
'There was, in fact, nc such acquiesence
| by the four as is claimed. True the Senate
| journal recites hat they appeared and
answered to their names, but that proves
| nothing; and these minu were never ap-
proved by the body itself.
FAC OF ORGANIZATION.
"Where the thing in issue is the fact OF
organization, that fact must be independent,
ly proved before any Journal or minutes OF
the organization can possibly be evidence:
It is doubtful whether a Senate journal
| can ever be evidence State, er rel Pangborn
ct a., v. Young, 3 Vr., 90. 81, 33l, but the
doctrine now presented is sound, however
that may be. It is of universal APP
plication, and inheres in the very
nature of the case. 1t is unfortunate that
the learned Attorney General, in his opinion
to the Governor, which seems to be the
| foundation of the present conflict between
the Executive and Legislative branches OF
the government, should have wandered into
tsuch a ~circuitous course of logic as that in
! which he argues that a body Of men con-
stitutes a Senate because their journal proves
it to be such, and that that journal is COM
! petent to prove it because it is the journal OF
the Senate. Was there ever a palmer illus
tration of reasoning in a circle?
Counsel for the relator realized this, and
lzz-ac1 o,- ~ o%%0ron%aI 10
the organization of the tAdrain Senate
aIiunde, and only after they had, as they
thought, succeeded in doing SO, offered its
Journal in evidence.
1.-THE proof offered for the relator did not
show that the four Senators answered to
their names. All that Mr.. Thompson, who
called the roll, can say Is that he believes
! they did; that there was so much confusion
and noise that he could not hear, but that he
announced in a loud voice that they did, IN
that Mr.. Adrain ordered him to so record.
On the other hand the overwhelming proof
is that there was no noise or confusion, what
ever; that the protests of the Senators
who had come in as the roll was being called
were made as the call progressed, and that
not one of them answered to his name. 1t
should be noted that this Is not u case of
counting a quorum, as the Speaker of the
United States House of Representatives is
authorized to do, but reliance must be had on
ple DdlQ UdUelU6ub0pTOf00 IA US yOtSc-uldv
the Senators did answer to their names.
Counting a quorum in Congress is under q
standing rule, first adopted during Mr..
Reeds speakership, and there Is no such rule
of the New Jersey enate The four Senators
came to the Chamber expressly to resist q
scheme against which they had been fore
warned. and forsooth it is gravely argued
that their presence for that purpose makes
them participate In the scheme.
WHAT THE FoREsHADows,
1.-THE evidence taken under the rule fore
shadows tina there may be a change from
the petition and that it may be argued that
Mr.. Adrain can claim that be continues to
be President of the Senate by virtue of his
election and qualification in 1893. This is
impossible. His election then was in terms
for the ensuing year, and it is perfectly
Legislative year Of the Constitution. The
fallacy of the contrary claim becomes clear
ly apparent when we consider that it is by
accident that Mr.. Abrams term of
office continues into the present
legislative year. It might nave
would nave ceased to be a Senator on the
second Tuesday of January, 1894. There
cannot be two kinds of President OF the
Senate one with right to hold over and the
other not, according to the chance of the
continuance or non-continuance OF the Sena-
tOrlal Term OF OlNC6.
"This new contention is preposterous and
not worthy Of serious consideration.
s1Either there is no President of the Sen
ate or Mr.. Rogers holds that office. No in
formation need go against Mr.. Adrain.
Notifying though it may be to his vanity,
he does not figure In this controversy. There
are not two persons claiming the same
office or franchise
CONCERNING ROGERS.
"iSecond-As to Maurice A. Rogers, leave
to file an information should be denied be-
cause the proofs establish his absolute title to
the Office of President of the Senate. Every
consideration of public policy and patriotism
demands that this case shall be finally de-
cided now. The facts ave been fully de-
veloped under the rule, and if the court can
clearly see that the person against whom
de facto and de jure entitled to the franchises
involved, there should be no opinion of his
Honorable Court in full bench, Is that Mr..
Rogers has complete title to the Office of
President of the Senate the Governor will
doubtless gladly recognize him and the or
ganization over which he presides; and as
the proofs show that the House Of Assembly
has already done this, the present lamentable
~suagnation will cease.
'The proceedings on the part of the At
torney General and Governor which are now
in progress, have been conducted with such
eminent fairness and desire to speedily reach
a final result, and / have no doubt that the
able and honorable counsel who here repre-
sent them will unite in requesting that this
case be finally determined on the present
motion, if this Honorable Court shall think
thefacts warrant q plea which must be