The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-12-19
FOR CLIFFORD'S LIFE.
Latest Attempt to Save the
Murderer From the
GalloWs at Tren-
ton Today.
GENERAL JOIN P. ST0CET0H's PLEA
Holds Voorhees, is Still Acting
, Governor Attorney Cen
eral Grey Defends
Watkins Title.
GENERAL JOHN P. ST0CEF0N'S PLEA
Especial to ..Tne Jersey city News.''l

Especial to The Jersey City News
TRENTON, Dec. 49, 1S9s.-The case Of
Detective Edward Clifford. which is be-
fore the Supreme Court on writs of ha-
beas corpus and certiorari, was argued
today before Justices Depue, Van Syckel
and Lippincott, Attorney General Grey
and Prosecutor Erwin appearing for the
State, and ex-Attorney General Stockton
and Counsellor Warren Dixon for Clig-
ford
Mr.. Stockton. who made the chief ar
gument for the convicted murderer, maia-
tanned that the death warrant. fixing
January 6 as the date of the execution
of Clifford is defective, because it pur-
ports to be signed by David o. Wat
kins. Speaker of the House and Acting
Governor" He held that Foster NJ
Voorhees, is still the Governor of New
Jersey under the Constitution, and IS
alone authorized to issue a death war
rant. When Voorhees, became Acting
Governor, according to Mr.. Stockton. he
ceased to be President Of the Senate or
member of the Senate
.aIIis resignation Of his seat in the Sem
ate was unnecessary argued Mr.. Stock
ton, and could not in any way affect
the term of his Office as Governor. The
two offices are incompatible. The CoElsti-
tuition expressly prohibits the person adj
ministering the government from acting
as President OF the Senate. The approval
of bills as Governor, the sending Of ve-
toes to messages. acting as Judge of the
Court of Pardons-without whose veto
pardon can be granted-acting as Conn
mander-&n-Chief, in fact nearly every
duty the Executive has to perform, is
inconsistent with his remaining a member
Of the Legislative department. He is a
Judge of the Court Of Impeachment and
may try himself if he remains Senator
Mr.. Stockton also held that the issuance
Of the death warrant was the exercise OF
power properly belonging to the Judicial
department and cannot be exercised by
the Executive.
In response to this latter claim Attorney
General Grey argued that the power had
been always exercised as an Executive
function and he offered IN evidence copies
of the death warrants issued by Cover
nors since the adoption of the State Con-
/ stftution. There were twenty-five OF
Them Mr. Grey also called attention to
/ the Andrews case, similar one to thar
under consideration. Governor Werts had
in that case called in Chief Justice Beas-
| ley and Justice Gummere for consultation
and the conclusion was reached that q
issuing of the death warrant was An
Executive and not a judicial right. The
Attorney General then went into an
| elaborate discussion of the right of Wat
kins to act as Governor.
voorhees, resignation he said. car
rfed with it the resignation of President
! of the Senate and Acting Governor. He
held those offices only by virtue of his
commission as Senator from Union. When
he resigned that commission he resigned
as President of the Senate and as Cover
nor, because that was the only right on
which he could base his title to the Offices
'sThe office of Governor itself became
vacant by the resignation of John w.
/ Griggs, and will continue TO be vacant un-
! til the induction of Governor VOORHEES,.
The administering of the government.
however, devoIved upon the President OF
the Senate, and when Voorhees, resigned
that office, the duties devolved upon the
i Speaker of the House. Those two Eien
were not Governor, they merely ADMINS
| tered the government until the induction
/ of the Governor chosen by the people
! shall take place. The Constitution Is-
| moves all questions of doubt"