New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-17

I, has alpavs heon insisted that the United States
Senate has existed without iniermission from the
dav Of its first meeting in 1889 until the present
Continuing the Attorney-General says
The Journal shows that at the tiine paesci 10
and at the customary place nine senators were pr
emit: this was over two-thirds OF the then exisuhs
Senate am informed thSt the ,c 1 Of
the session and DO their duty until new ones were
selected and that provision Is h TSera cennot
their payment in the lncldentai D, ,leIT oa cD
be a doubt but that It was the duty or the nine sem
az StT sSch 10 duty as the imposed them
Their action was according 10 tne oolsS!t ttnh
had always existed and more than W ; oil the
existing Senate was present at the time TON, thor.
was a call OF the Senate, which resulted in nine
Senator's being reporea as n1d upon p0 notion Of
Senator DAILY, at the expiration Of hye minutes ,ne
the Secretary called the Senate, when the following
Senator's appeared and answered the call .io.oi
numbering thirteen. and accordingly 1t was ordered
that the thirteen be recorded as present
THE THIRTEEN MEN THE WHOLE SENATE.
This 1t Will be observed. the whole Senate
Of the State. Every individual entitled at that
moment to be present and take part in the proceed
ings was there present and did take part They all
permitted themselves to be recorded as present;
they in fact actually present and there Is no
record the Journal which shows that the whoie
body not present at the time the resolution wa
passed communicating to the Governor the TACT OF
Il will be observed that the whole existing Sen.
acquiesced and ratified the Circulation by
body It matters not how he was elected whether
he held over by virtue OF his position as Pres,
organization OF the nine Senator'S ne held his
place-the whole Senate acquiesced in his pre-.
place before. Both Senator skirm and Senator
Stokes &c him as the od % hs bsy ape
part certain form of procedure in regard to the
From the Fl foregoing detailed Statement. 1T appear,
that the body of whose organization you were In
formed by committee consisting OF Senators Win
Qaired by law and custom:
The second committee that waited upon you. /
the Senate after the organization and united them
had been received by the organized Senate. 1t is
plain that these four Senators were not only not a
majority of quorum of the existing Senate, but
were simply a small minority of body which was
in existence. In place and in functions They there
fore had no constitutional or parliamentary power
to decide on the election, qualification or returns OF
The Attorney-General here discusses cases de-
cided in the United States Senate and New-Jersey
Senate and continues:
THE ADMISSION OF SENATORS ELECT.
You further ask me to advise you what has been
the and practice Of the Senate with reference
to the admission Of newly elected members. and
what the constitutional powers of the Senate
judges OF the election. qualification and returns
OF its members. in reference to the admission Of
members their credentials.
In reference TO this last question have no doubt
of the power of each body under the constitutional
provision 10 examine into the credentials OF any
Ship before he is permitted to take his. seat. 1t
follows from the previous part Of this opinion that
turns are the Senate it exists. No person
ss bdSy Il 10 is6e part TN, M ~ un
turns. Although the right to the seat may be dis
puted and the incumbent be subsequently unseated,
II is usual to admit him if the returns reg
I have no doubt whatever Of the power of the Sen
ate or Of any legislative body which has been made
the judge Of the qualification. election and returns
OF Its members, on charge of rregularity in
the credentials OF the returns. prevent the claim
ants from being seated until the question had been
animation is always based on a charge of irreg-
ularity in the return of credentials When they in
proper form and there is no dispute as to the au-
thorty OF the party who makes the certificate. it
United States, and; believe in the Senate of New
Jersey to admit the claimant to his seat notwith-
made on the Validity Of the eecon n1o Oee
III, For these MS in reply to your question ask
practice Of the Senate with reference to the ad-
the pracce of the as bse an Hay that nat
credentials read and approved. and admit the newly
eower Of be 40 ms fa ht b the
fcaton and returns of its members is unlimited
duties imposed upon the body. when acting as
judges is to consider and decide promptly on the
title Claimants to be seated.
GOVERNOR wERTss MESSAGE
The Atorney-Generars opinion was sent by
Governor Werts this morning to both Senates.
accompanied by brief message addressed to
Senator Adrain president pro tenn of the
Senate The message was in part as follows
ea WhereST the sa fpg Of the
which you have the honor temporarily to preside Is
ICED under the presidency of Mr. Rogers aid not rep
resent the SENATE Of NewJersey understand that
be constituent members Of the bodv oyr nicb 10
preside. but who although for time present
therein and participating in the proceedings thereof
Withdrew therefrom and associated themselves with
credentials
regular IN form emitting them TO seats in the SEN
aye: out which credentials have not been submitted
no or passed up3n BY the BODY decided By the Ator
understand further that the rea son assigned for
me Withdrawal of said four members an al
by the Senate with reference to the credeatials
or applying members different from that hitherto
ord of lis nroceednrs hi V boa rec
1t seems to me that the controversy alluded to is
right Of those four members 10 be- pTesen and and
~ was their duty to be Present and there to
ReaNizing that the existence Of dual bodies was
PROBABLY owing TO misapprehenson to The
senting credentials regular in form ! requested the
Acknowledged 10 further advise me as TO what
has been the course and practice of the Senate
with reference TO the admission of newly elected
Of the Senate s o the sec uhea
tons and returns Of rs nembers IN reference to
The replies Of Tie Attorney General to such fur
ther inquiries are also embodied in his inciosed
The appointment OF a committee 80 report upon
the validity a. G.. the regularity of credentials
is entirely competent and but means OF impar,ing
10 the Senate collectively such information con-
corning the credentials prcsC nted each member
Is presumed 10 acquir" for himself In the single
case OF credentials presented and referred the
committee speedily reported their regularity and
the applying member promptly seated.
would not have IL inferred from anything herein
said that the secession OF sitting members could
be legally justified because of course the Senate.
in the assertion OF the absolute power before g.
ferred 10. might adopt with reference TO the
dentials Of an applying member.
REPUBLICANS ISSUE AN ADDRESS.
MEASUREMENTS OF FACTS IN THE ATTORNEY
GENERALS OPINIoN-TIIE DEMOCRATIC con-
sPIEACY TRACED.
Trenton. Jan. IL (SpeciaN.-The Republican