Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-09
RIGHTS OF MEMBERS
Argument Of the Republicans at
Trenton, N. ].
THE 600 WARRANTO PROCEEDINGS
Trying to Determine the Legal
Senate.
POINTS IN CONTENT

TRENTON. NJ j., March 9.-When the
supreme court opened this morning Samuel
H. Grey resumed his argument on the part
Of Mr.. Rogers in the quo warranto proceed
ings.
He said that the title of the office Of Sem
ator was drawn from the people. and the
evidence of their election was the return Of
the board Of canvassers. The statements
or these determinations of election boards
should be taken as prima facie right of the
persons holding them to the body to which
they are directed. Such persons cannot be
excluded by any power. This was stat
utOry right and not privilege. 1t was a
political right This right excludes the
right OF the Senate to judicial functions
The power of passing upon the election and
qusiincation OF their own members was not
IN tne OLD members alone, nor in the new
members. but in the organized house. Mr..
Grey could not see how there could be a
continuous. never-ending Senate.
he then proceeded to show that the Sem
ators-eiect mad the same powers with old
senators. The only power given to individ-
ual senators was to swear the Senator's
eject, and only the Senators elect were
given this power.
In ansewr to questions by Justica Ahhet+
Mr. Gray stated that as a body the senate
became extinct at the end of each year
This was shown by the selection of tenn
porary officers at the opening Of each year
manent officers
In forty years no officer of the senate had
continued his functions into the next year.
ana as the senate is only a part of the
legislature and as the constitution fiNes a
time for the end of the legislative year he
could no. see how it was possible for one
branch of the legislature to continue over
Tor another year Mr.. Gray argued that
Air. Adrain never occupied any official po-
sition even to the minority. The result was
that Rogers was occupying the only office
recognized by the law and there was no
occasion for a writ.
The speaker described how the democrat T
senators met and were not inclined to let
In the republicans. The latter finally en-
tered through a crack in the door in a man
Eer resembling that of being fired from
catapult. When they entered they found
some sort of an organization. Was ii any
wonder they We're surpris ed to find an ap-
parent organization in which they had the
right to participate? Mr.. Stokes inaujrjnp
about this organization broke no rule. for.
as the house had not organized. there were
no rules to break. He declared that when
Senator Voorhees, defied the sergeant-at-
arms who was directed to seat him and this
was not done it was an evidence that the
getieman who assumed to be the mouth
piece OF the house and those who partici-
pated realized that they did not possess
the power they claimed, or they would
have asserted ii at this time. Adrain never
took the oath. He did not seem to regard
himself as a constitutional officer nor did
tne otHerS. IL he were president by reason
OF his being president last year. there was
no need of his being made temporary pres
ident.
The power to adjourn was the only one
given to the minority by the Constitution
Tie House was given power to authorize
the minority to enforce the attendance
OF members. but the minority within itself
had no such power.
In closing Mr.. Grey said that the con-
d1tion OF affairs was outrageous and scan-
dalous. but he hoped the court would not
give 1t the sanction of law, which would
H. AXE 1t infinitely worse. They could re-
fuse the writ, and thus settle the matter
in favor of Mr.. Rogers. who had fulfilled
all the requirements of the office.
Mr.. Allan L. McDermott spoke after Mr.
Gray on the part Of Mr.. Adrain Mr. Me-
Dermott contended that the legislative
scheme of the constitution contemplated a
continuous body. composed of three classes
or senator's. There was nothing in the con-
stitution preventing the election of a presi-
dent for three years. The argument that
the senate. which is to judge its own mem
bership, must be composed of one member
from each county in the state was falla.
clous; as shown from the constitution, nc
man was entitled to a seat in the senate
unless he was elected to that body No one
could finally say that senator had been
elected except the senate itself His certifi.
cate was prima facie evidence that the per.
son named therein received the highest num-
Der OF votes cast at the election. The SEN
ate may receive the certificates as evidence
If the candidate receiving the certificate
were convicted of bribery between election
and the assembling of the legislature or II
he were discovered not to be the proper age
q mot hDn