The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1907-01-15


our Board of Freeholders on Wednesday.
She expressed surprise that newspaper
reporters were admitted to the sessions of
the Board and asked if it was customary.
She was given an affirmative reply and
the Director might have also told her that
reporters are not only allowed but they are
expected to be at the meetings. The Bur-
lington County Freeholders do not seek
to hide their acts from the public, on the
contrary they court publication of their
doings and are always ready to give in
formation to the representatives of the
press.
JUDGE BEEJAMIN F. JONES, of Orange,
has been corresponding with Governor
Stokes on the subject of the United States
Senator. His letter and the Governors
reply are given here:
Hon. Edward c. Stokes, > 49,
Trenton. N. j..
MY DearEGovernor:-1 have before me the
statement made by Lathrop Anderson pub
lished IN the newspapers, In which you are
candidate for United States Senator while
you were Governor. Some of us are under
the impression that this attitude on your mart
is induced by the claim that a constitutional
provision makes you Ineligible to the senator
ship during your term as Governor.
Ii the provision in the State Constitution
above referred to, is the cause of your reluct-
ance to become a candidate, let me say that
in my opinion this constitutional provision fs
so manifestly void that do not think II on1hf
to deter either the members of the Legisla
ture from voting for you or you from accept.
ing the office, for the following reasons
The office of United States Senator Is a Fed
eral office. 1t is created bv the Federal Con
stitution. The power that creates an office
should prescribe the qualifications for thai
office. The Federal Constitution does nre
scribe the qualifications for United States
Senator's and the laws of the United States
prescribe the method of electing such Sena
tors. even specifying the days upon which the
the manner in which they shall meet and
how they shall vote.
scribed the qualifications, it is not within the
power of State constitution to modify such
qualifications, and where there is an apnar
ent conflict between the provisions OF the
Federal Constitution and State Constitution
the provisions of such State Constitution are
wholly null and void. This staten emf is war
ranted by all authoritative methods of inter
pret1ng the Constitution, enunc1ated by the
greatest Jurists who have Interpreted the
numerous decisions and presidents.
The Constitution of this State up to 1876 pro-
vote, and yet from 1870 on the colored peonle
of this State did vote, and the Legislature OF
course prescribed the manner in which they
The members of the Legislature, however
could not be charged on that account with
having violated their oath of Office so far &, as
the State Constitution was concerned, because
that provision in the State Constitution has
been rendered null and void by the adoption
of the Fifteenth Amendment.
From information obtained from all parts
of the State 1t 1s my conviction that your
election in tho United States Senate is the
desire of very large majority of the people
of this state and of an overwhelming major
1tyOf the Republican party of New Jersey
1t is perfectly clear that you are eligible to
the Senatorsh1p, and that the members of the
any legal or moral principle. W6y. then ars
you not free to be candidate?
Your statement to Anderson is not, of
course, a promise, but simply declaration Of
intention. You would have perfect right to
change that intention If you felt that sny
higher embarrassment had stood in the way
BENJAMIN f. JONES.
January 7, 1907
MY Dear Judge
you set forth reasons why the constitutional
provision concerning the Governor and the
United states Senatorsh1p is void and does
not bind either the members OF the LegisIa-
ture myself
| have never held any different view from
that expressed by you. My attitude in regard
to the Senatorsh1p, however, is based npon
convictions broader than constitutional Ifmf-
nf be candidate for Indted Statas s1a snan
during my term as Governor This statement
involves no change in my position. 1t is
The Clause in the State Constitution, void
though it. hs>from a constitutional, legal and
moral aspect, has this Significance: 1t was
placed in the constitution by the people as
their expression of the policy which they de-
sired should govern the action of their chief
executives. They evidently intended to pre-
vent the Governor of the State from using
the power and patronage of his office in fur
therance of his own political and personal
preferment. 1t would in my opinion be very
unfortunate If the Governorship of this State
i fTrf1n no 1ru tn 1f4x
ticipatiOn for Senatorial honOrs. 1t would di-
vert the Chief Executive from the interests
of the people he was expected to serve, to the
use of his power for a purpose for which he
was not elected. The embarrassments not
to say scandals, which would grow out of this
misuse Of the Executive Office, can be easily
imagined. / shall not establish the precedent
of perverting the office in this manner. No
Governor should even assume a position
where even in the minds of the most critical
he can be under the suspicion of using his
patronage as a consideration for votes
Moreoyer. when l was elected to the office
Of Governor, l made quasi contract with
the people to serve them until the end of my
term In the ordinary course of events, it is
nv duty to serve out that contract and If my
life is spared shall continue as Governor un-
til my term expires.
natorial race could do anything but harm.
! have other thoughts in mind. No good Re-
publican can to-day be blind TO the serious
condition OF our party. With no apparent
spirit of unity or harmony, 1t Is split into
factional divisions, each anxious for It's own
Essex Hudson and Passaic cannot be lightly
dismissed as temporary reverses that will
rioht themselves next year. They contain a
warming that must be needed. 1t is time for
the IoyaI party spirit to come to the front
xvifh q program broad enough and with q
cha rftv wide enough to unite the rank and
file Top ether with others, hope to be able
IL aid in this necessary movement. This l
cannot do if every effort to this end is under
the snspicion of senatorial scheming. 1t is
onIv when this idea is eliminated from the
nuhlic mind that l can hope to be at all useful
Fl aiding in the work for harmony. 1 believe
in party organization. am an organization
man but have no sympathy with that policy
which would pervert the organization from
what it should be-a body of Cancellation and
TeIiberation for the party's good-into a ma
chine for the advancement of individual fac
fional or private interest. 1t is folly to talk
of ifsciplfning those who do not agree with us
in party matters, Such an attitude is not
regularity or party loyalty, but party destruc
ton A party cannot succeed without votes
T'he sovereign voter cannot be disciplined.
You can only appeal to his sense of right and
his desire for good government. 1t is this
policy that makes party strong.
/ believe the people of this State prefer to
see New Jersey in the hands of the Republi-
can party if properly directed believe there
are enough Republicans of the Abraham Lin
coin type who are ready to forget fac
tionaI elements and rally under banner
that bears no individual emblem, but stands
for the whole party and aims to promote the
end. ,
E. c. STOKES.