The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-12-02
GOV. WATKINS ATTACKED.
Counsel for Clifford Claim He
Has No Right to Act as
Chief Executive.
VOORHEES, DID NOT RESIGN LEGALLY
Novel Questions Raised in the
Attempt to Save the Muir
derer From the Gallows.
Ispeelal . ..The jersey city News. .l

Especial to .tTle Jersey City Newss]
TRENTON, Dec 2, 1S9S-The right on
Acting Governor Watkins to act as Acting
Governor will be passed on by the courts,
and incidentally, the courts viii inquire
into the question raised in the case,
whether or not Foster NJ Voorhees, Ii
still the Governor of the State.
On Tuesday, as. matter of form. Act-
ing Governor watkins signed the death
warrant for Clifford who was found
guilty OF murder in Hudson county for
the killing of William G. Watson, who
was superintendent of a branch of the
West Shore Railroad Company Clifford
was q discharged railroad detectives and
killed Watson in quarrel resulting
from his effort to get reinstated. This
conviction of Clifford has been affirmed
by the United States Supreme Court
The point is made by Warren Dixon,
William DAILY and John P. Stockton. Jr..
counsel for Clifford, that Governor voo--
hees has not resigned the Office of Acting
Governor. This point is maintained be-
cause Governor Voorhees, resignation was
simply as Senator from Union, and it Is
held by them that to resign as Acting
Governor it should have been so stated
in the resignation. 1t is contended that
the resignation as Senator did not carry
with it any vacation of the office of -set-
ing Governor, and that. therefore, Mr..
VOORHEES, is still the Acting Governor cf
the State, and Mr. Watkins occupies the
office without authority
The State Constitution says
In case of the death, resignation or
removal from office of the Governor, the
powers, duties and emoluments OF the
office shall devolve upon the President
of the Senate, and in the case of bis
death, resignation or removal, then upon
the Speaker of the House OF Assembly,
for the time being, until another Cover
nor shall be elected and qualified"
Lawyers have held that under this
Acting Governor Watkins shall hold office
until Governor Voorhees, is inaugurated.
If this is done Mr.. Watkins viii have
been Governor one week beyond his term
of one year as member of the House Of
Assembly, from which membership he
was elected Speaker.
C1inord's counsel hold to this view as to
the right for Governor Watkins to hold
Office until his successor is elected, pro,
vide0 that he can show right 10 holt
office at ALL They dispute the latter
caney. as under thszsause of the Consti-
tuition providing tt Me President of the
Senate or the Spe&leer of the House shall
hold the office until another Governor
shall have been elected and qualified
the office is still held by Foster M. Voor-
hees, who is the Acting Governor, despite
his resignation as the Senator from
Union.
Yesterday Warren Dixon secured from
Supreme Court Justice Depue writ Of
certiorari carrying the Governors death
warrant to the Supreme Cout The case
will be heard after December l. In case OF
an adverse decision for clifford, the case
will be appealed to the Court OF Errors,
which wifi result in a new lease Of life
for Clifford for about a year.
Mr.. Dixon's reasons for the certiorart
are:-
The said David o. Watkins had no power
or authority under the constitution ano
laws to make and issue said warrant.
That said warrant, being a commission
within the meaning of the Constitution
of the State, could not be legally issued
in its present form.
That the statute. by virtue OF when
said warrant is pretended to have been
issued. is unconstitutional,
Mr.. Dixon signed an affidavit declaring
that the Sheriff of Hudson intended to
hang clifford on the 9Th of January by
virtue of Acting Governor Watkins war;
rant.
"A writ of habeas corpus was alsd
granted for the State to show why Cliff
ford is deprived of his liberty.
The writ of habeas corpus IS obtained
on an AFFIDAVIT of John Woods, who says
that he makes the application in behalf
of clifford because Clifford is insane and
is unable to make the application him
self.
The application says:-''That your PEI
titioner alleges the said Imprisonment to
be illegal in this, that the said David
O. Watkins had no power to issue said
warrant, because the only constitutional
tribunal that could issue said WaTrant
and that cotild order his detention 1or
said execution was the Court wherein
said judgment was pronounced against
Edward Clifford