Perth Amboy evening news., 1919-12-31
ANOTHER TURN
AS To GOVERNOR
New Opinion Given by Attorney
General MGGran
b speoial Ce,lespondent.

TRENPON. Dec. S1.-There has
been another turn in the situation re-
spectlng who should be acting COVER
0 for the week between convenlng
of the legislature and the inauguration
of Governor-elect Edwards. Attorney
General McCran yesterday gave the
Republican Legislative majority con-
ference an opinion holding that when
q man holding the office of senate
president and Acting governor ceases
to be the first named officer or is sue
ceeded by another in the presidency
of the senate, he automatically ceases
to occupy the executive chair. An
opinion to this effect was looked for
a week ago, but then Senator Case, of
Somerset, who becomes president of
the senate when the Legislature or
ganizes on January 13, announced his
intention of dropping his claim to the
office for the week, with the result
that nothing was done.
Since then the situation has about
faced again and it now looks as IL
Case would sit for the week prior to
the entrance to office Of Mr.. Edwards.
Senator Allen, chairman of the Re-
publican Legislative Conference, is au-
thority for the statement that Mr..
Runyon stated he would abide by the
decision of the Attorney General. The
Union County man said nothing him
self about the matter when asked If it
was a part of the majority's confer
nee are yesterday. He stated that
1T had not been discussed.
In his decision Attorney General
McCran made two points, first, that
the Senate is not a continuous body
and secondly, the senate president
only discharges the duties of governor
during a vacancy in that Office and
when he cease to be senate president
he ceases to be the acting governor.
IT, 49, aE-rv1a 4la4 IL 800 -
being a continuous body results in the
termination of tho term of office of
the Senate President upon the organi-
cation of the new Senate. This will
he effected or January IS, the day the
legislature opens, when Mr.. Runyon
will be succeeded as presiding officer
of the upper house by Mr.. Case.
Mr.. McCran quoted from decisions
of the high courts of the Senate in the
past In proof of his contentious.
AT the time Of the organization of
the legislature the acting governor
will cease to be president OF the SEN
ate by the election OF a new president
of the senate" sail the opinion of the
attorney general. Therefore, under
4he reasoning of Justice Van Syckel,
IN the Clifford case, he would be dl-
vested of the right OF administering
his functions as acting governor, and
the natural inference would be, in
view of the construction of the court
that 1t is not the Individual but the
office hat vests the power in the
president Of the senate, that the sue
cessor of the president Of the senate
would be invested with the powers,
duties and emoluments OF the office
OF governor, and not the speaker Of
% housG, who can only act during
. interim when the contingencies
arise as specified in the constitution"
f. Cnnofnn Allnn lnnIaI fla yxyG nor
stories that his Conference Committee
wanted Case n not Runyon in the
executive chair so as to rush through
and sign the legislation which the
majority hopes to pass before Mr..
Edwards takes office.
w nave no knowledge that Gov
ernor Runyon would not 10 lat we
might ask him to do" said the sen
ator. And the only eason for re-
qlesting the opinion was to be right
legally"
The Republicans smoothed the
ways yesterday preparatory to put
ting through on the opening day of
highway commission and the state
board Of institutions n agencies
against summary removal. The Con-
ference Committee put It up to the
members present and it went through
without practically any opposition.
lilGT6 WIS COIl5ICtId DlG ulllGi tilCtJ
however, as to whether the bill should
include i provision allowing board
members who might be removed to
appeal to the courts. This will be
settled at another general conference
next week. This was the only matter
taken up by the majority yesterday.
The conference committee, accord
Ing to Senator Allen, will make no
Recommendations to the Republican
senators and assemblymen on Suf-
rage or legislation on the wet" and
trdry" subject. Fac Imam can shift
for himself ON these dangerous top
les. so far as guidance from the lead
ers is concerned. Senate Allen says
he does not believe the Edwards
'wet" program win get the support
OF the Democratic senators from Hun
terdon, Sussex and Warren counties.