Newark evening star and Newark advertiser., 1915-02-19
BREWSTER COUNSEL
ATTACKS THE LAW
REGARDING PROBE
Says Act Under Which Hack
ensack Contractor Was In
dicted Is Unconstitutional.
sneoInl to the Ereninx star.

special to the Evening Star.
TRENTON. Feb. 19.-Before the
Supreme Court here yesterday,
the constitutionality of the act
of 1895, under which George
M. Brewster and Walter
Scott, of Hackensack. were in
dicted for their failure to respond to
a subpoena of the joint appropriations
committee of the 1914 Legislature In
connect on with the probe of the State
Road Department and road building
methods, was attacked by former
Justice Gilbert Collins, of Jersey City,
counsel for the defendants.
Mr. Collins raised the novel point
that the act in question refers to
failure to appear before any joint
committee OF ''the legislature and.
therefore, the word the having been
used. the act referred only to the
Legislature of 1895, owing TO the fact
that the Legislature is not a continu-
Gus body. and so could not apply to
any future Legislature not then in
exlstance. Former Justice Collins
maintained that 1t was unconstttu-
tional to hold the defendants guilty
under this act, because that Legisla-
ture could not delegate powers to fu-
ture Legislatures.
Advised Not to Respond.
The subpoenas against Brewster
and Scott were issued by the joint
appropriations committee of the Leg
islature of 1914, in Mercer County,
and were served on the defendants in
Bergen County December last. The
defendants were summoned to appear
before the comm ttee in the Senate
chamber on December 3. They did
not appear, but had counsel present,
Tt.n Iai 70 hn
he had advised his clients not to obey
the subpoenas because the committee
lad no legal existance and the sum-
mons were not properly issued.
The case was referred to the Mercer
County Grand Jury and indictments
We're returned against both defen-
dants on December %. They obtain
ed writs of certlorari TO set as de the
indictments and the argument yes
terday was on these writs.
There is a missing link here" con-
tinQed Mr.. Collins. THE indictments
simply recite that the appropriat on
sembly met; elected a chairman, and
then proceeded to act under the reso-
luton giving the joint appropriations
committee certain powers. This
power to this supposed committee
would only be given prov ded the
Legislature had passed joint resolu-
tion making these two committees a
Joint committee, and this the Legisla-
ture ia ed to do, therefore, there was
no legal or authorized joint appro-
priations committee of the 1914 Legis-
Iature."
Martin p. Devlin prosecutor of
Mercer County, argued the case for
the State. Answering the claim Of
the defense that the act of 1895 is
unconstitutional, Mr.. Devlin said
that there is but one Legislature un-
der the Constitution, and the way to
designate that Legislature is by the
use OF the article "the," and not by
any other term.
Status of LeEislature.
while the Legislature is not
continuous body" he continued, ait
must be admitted It under the
Constitution it is an existing body,
and the act applies to all Legislatures
until it is yepealed. -
Prosecutor Devlin disputed the
claim that the indictments are de-
fective because they do not give the
exact place where they were served.
I'VE insist" counsel for the State
continued. that regardless of where
the defendants were served with the
subpoenas, the refusal to obey would
not be known until the committee
met in Trenton, and the crime of will
fully refusing to appear was commit
ted at Trenton.
The court reserved decision and
the case will be considered in the
conferences of the entire court.