Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-02-23
GRAND JURY MAY
PROBE CHARGE Of
CRAFT IN SENATE

on account OF the scandal. either by
expulsion or resignation. Fitzherbert
was elected in 1910 and his term would
not expire in the regular order OF
events until 1913. The prospect of q
vacancy at this time is not looked
upon with equanimity by the Demo-
cratic Senators. The upper house has
eleven Republicans and ten Democrats
and it is almost a sure thing that a
Republican would be elected to sue
coed Fitzherbert, as it takes "A tidal
wave of large dimensions to carry in
a Democrat in Morris County. After
it's performance in sending a solid
Democratic delegation to Trenton in
1910 Morris reversed itself last fall and
elected a complete Republican ticket
to the Assembly,
Under the Constitution the Re-ub-
leans need not wait until next Novem-
Der to fill a vacancy. On this point
the constitution says;
Each house shall direct writs of
election for supplying vacancies &C.
cssioned by death. resignation or 9TH
srwise, but IL vacancies occur dur
ing the recess of the Legislature, the
writs may be Issued by the Governor.
under such regulations as may be pre-
scribed by law
While the Constitution says shall di-
rect writs of election" vacancies have
occurred in the past which were not
filled. For instance, when Assembly
man Alyea, of Bergen County, died
last winter. shortly after the session
started, his place was NJ filled. In
that case, however, The Democrats
were in a large maiorit. and there was
no pressing need from I party stand
point TO have anyone e. cited in his
place.
In the present situate it is hardly
probable that the Republicans, with
their slim majority In the unper house.
would take any chances. They are in
a position to have the election at once,
If Fi~tzherbert is adjudged guilty, by
having the lnvestiga N over with be-
fore the recess of The Legislature
begins. o. they may tall, the chance
Of delaying the election until next fall
on the assumption that the Governor
would not impose an election on Morris
County during the recess.
Effect on Legislation.
The continued absenc of Fitzherbert
from the Senate while the inquiry is
In progress gives an advantage to the
Republicans. While it axes an actual
majority of the whole hamber to pass
a bill on third reading. it requires only
q majority of a quorum to carry the
day on various other important ques-
ions that might arise.
Again, a prospective vacancy in
Morris is Interesting from the stand
point OF the fight between the two
parties for control of the Senate next
fall. The terms of the three Republi-
can Senator's from Burlington. Cape
May and Passaic expire this year,
their successors to be elected in No
vember. Three Democrats from Hun
terdon. Middlesex n Sussex also go
out. Before the Fitzherbert incident
arose the Democrats had been figuring
rs-.seE their one possible chance of get
ting control of tie Upper House in
1918 was to elect a Democratic sue
dessor to Senator Lewis. of Burlington.
That county has shown ome signs in
recent years of deserving the Republic
can column. Even If Burlington we're
captured the loss of Norris would leave
the parties in the same relative po-
sition In which they are now.
Fitxherbert's Course in Doubt.
There is considerable speculation as
to the course TO be pursued by Senator
Fitzherbert when he appears before
the Senate investigating committee.
His damaging admissions before the
judiciary committee at the hearing on
the acetylene bills are against him.
If it be admitted that his obliauity is
as great as Ostby represented it to be.
surprise Is expressed that Fitzherbert
did not take the bull by the horns and
attempt to confound his accusers. A
iat-footed denial would have left his
status in doubt. but the senator meek
~ said that he was indiscreet and "in
bad" He was not taken by surprise.
The story of the Strike bills" had
been told to Joseph p. Tumulty, the
secretary of the Governor. who then
mad an interview with the Morris rep
resentative and informed him that he
should attend the hearing and be rep
resented by counsel. Fitzherbert be-
came greatly excited and apparently
ost all presence of mind. He was like
4 man in a trance at the hearing.