The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-01-25
GOV. WERTS SPEAKS
He Tells Why He FaTors
the Quo Warranto Plan
of Settlement.
REPUBLICANS CALL IT UNWISE.
Senator Voorhees, Doubts Whether
the Democrats Would Accept
an Adverse Decision.
REPUBLICANS CALL 1T UNWISE.

Governor Werts consented this morning tt
state his views upon the que warranto pro
ceedings which the Attorney Generai Il
about to institute to decide which body OF
Senators is the regularly constituted Senate
of New Jersey.
SIS it true that you have directed the AL
torney General to bring quo warranto pro
ceedings against the Republican Senate" q
reporter asked him.
The Governor replied
/" Directed is not the proper word. Inc
Attorney General has the right OF his OWL
volition to institute such proceedings. Upon
his suggestion, that the filing of an informa-
ton in the nature of a quo w~arranto' de
handing by what right or authority the
Senators composing the body presided over
BY Mr.. Rogers claim to be the Senate OF this
State, would enable the question as to
which of the two bodies is the constitutional
Senate to be determined by the Supreme
Court, | requested him to adopt that course.
.But why adopt that course when the
Acknowledgement has already decided thai
question:"
1.-THE opinion of the Attorney-General has
been assailed. Opinions of other lawyers
have been published denying the correctness
of his conclusions. The crucial question Is,
which is the regularly organized and const,
tutional Senate! | have understood all
along that all parties were willing to ABIDE
the decision of that question by the Supreme
Court, and would gladly concur IN the
bringing of an amicable suit for that puf-
pose. 1t seems to me the proceeding by In
formation is the best and speedlest plan thai
can be adopted"
HAS the Supreme Court jurisdiction in
the matter"
ut probably has, but unless the Court it
self raised it, that question would not arise,
if both parties were in good faith seeking the
opinion of the Court"
Suppose the Court decided the Republican
Senate to be the constitutional body?''
s'Such decision would entitle that body to
executive recognition"
NO NECESSITY TIC APPEAL.
Chow about the admission of new mem
bers under a Supreme Court decision, estab-
fishing the constitutionality OF either body.7
sThe decision of the Court establishing the
constitutionalitv of either body would de
stroy all claim of the other to- be a constr
t~utional body and involve its dissolution.
The decision could not affect the right of
the body declared to be the constitutional
Senate to be the judge of the elections, re-
turns and qualifications of its own MEM
bers. That right would remain to be exer-
cised by the members of the constitutional
body, responsible for its due and proper ex-
ercise, only to their own individual con-
sciences and public opinion"
Gould the Court of Errors reverse the
opinion of the Supreme Court!"
There is no necessity of going to the
Court of Errors. So far as l am concerned
I would be willing to stipulate that the de-
cision of the Supreme Court should be final
and conclusive"
VOORHEES, OPINION.
Senator voorhees,, of Union county, said
last night:-s'The contemplated application
to the Supreme Court may relieve the Gov
ernor of his embarrassment. he is already
advised by the Attorney General that the
nine holdoyer Democratic Senators cOnstl-
tute the constitutional Senate. But the Re
publican Senators have the opinion of sew
eral very eminent constitutional lawyers,
who tax a very different view of the con-
troversy, and they advise the Republican
Senators that Mr.. Stockton has erred in his
construction of the Constitution. Besides,
his opinion was based exclusively on a forged
journal and other false statements of fact.
1.-The question is one never passed upon by
the courts in this State, and until the law is
definitely settled there is room for this diff
ference of opinion. Once authoritatively
settled by the courts Gf they have j~urisdic-
ton in the matter), the Governor could then
take a decided stand, and if the Court de-
clared the Republican Senate was properly
organized then the deadlock would be ended
at once by his recognition of the Republican
Senate as the legal body, notwithstanding
the Attorney Generals opinion.
WILL NOT CONSENT.
son the other hand, if the Supreme Court
decided the Democratic holdovers were pro-
perly organized the question still remains
open whether the credentials duly attested
and properly authenticated in form that are
held by the Republican Senators should not
entitle them to be Immediately lnducted into
office. It was because they were refused
that no agreement could be reached, n |
do not see how a decision of the Supreme
Court could better the condition OF affairs.
The Democratic holdoverS refused the advice
of the Governor and tine Acknowledgement.
Why should they request the opinion of the
Supreme Court
personally I an opposed to the applica-
tion about to be made by the Governor, and
/ shall not in any way consent to any such
proceeding. | believe. with all due Difference
TO the Acknowledgement, that the Republican
Senate was properly organized under all the
1 circumstances. | do not see what rights,
either in law or under the Constitution, the
Judiciary has to interfere with the Legislative
department of the State government and !
don't believe it will.
THE COURSE PROPOSED UNwIsE.
ssThe course proposed is unwise In my
Judgment. because it will tend to weaken,
whether justly or unjustly, the popular con-
fdence in the Judiciary. 1t matters not
what the decision may be, whether favora-
BILE to the Democrats or to the republicans,
dissatisfaction, to say the least, will exist il
the minds of those against whom the de
cision may be rendered.
$50 far as / am personally concerned fee
that for the republicans to abandon Their
position would be to sacrifice a very import
ant principle and to abandon a modelof pro
cedure in organization that has been OBJ
served since the adoption of the Constitu-
ton. To do this now will furnish a pretext
or excuse in the future for any band of po
litical marauders or buccaneers to defeat the
expressed will of the people.
81 care nothing for the spoils of office.
and for the sake of ending a disgraceful
deadlock | am and have been willing to sub
nit my individual opinion as to the technica.
method of organizing the Senate, but ] will
never recede from the position the Republic
can Senators have ~taken-that their creden
tials entitle them to the immediate posses
sior of their seats. So far as the action Of
the Governor in applying for a writ of quo
warranto will deprive me of this right, / am
firmly opposed to it"
Defining a Dude
"what is your idea of a dudsf'' he asked of a
krs.1f gHalhfnxfor uirl