Modern battles of Trenton .. . ut for the dissent of Jus-tice Abbett, decided all the points in the controversy. The aged Chief Justice __ Beasley read their opin-ion as formulated forthem. Brushing asideall the technicalities thathad been thrust into thecase by the lawyers, heruled that the Senate wasnot a continuous body ;that the credentials ofthe newly-elected consti-tuted a title to their seats,and that Mr. Adrain wasnot the President of aSenate. The necessaryinference was that theeleven Republican Sena-tors constituted the Sen-ate, and that Mr. Rogers was rightfully in office. Several we
Modern battles of Trenton .. . ut for the dissent of Jus-tice Abbett, decided all the points in the controversy. The aged Chief Justice __ Beasley read their opin-ion as formulated forthem. Brushing asideall the technicalities thathad been thrust into thecase by the lawyers, heruled that the Senate wasnot a continuous body ;that the credentials ofthe newly-elected consti-tuted a title to their seats,and that Mr. Adrain wasnot the President of aSenate. The necessaryinference was that theeleven Republican Sena-tors constituted the Sen-ate, and that Mr. Rogers was rightfully in office. Several weekslater Judge Abbett filed an opinion, in which he held the con-verse of these propositions, except as to Adrain. His rulingcontained a remarkably strong argument in support of theproposition that the State Senate is a continuous body, andmade out a case from that stand-point that commended itself tothe judgment of many of the best lawyers of both parties in theState. The nine Democratic hold-over Senators had, however, mean-. George B. Swain. 474 MODERN BATTLES OF TRENTON. while accepted the decision of the Chief Justice and his con-senting colleagues, and joined with the eleven Republicans inmaking the Senate, whose regularity was not afterwards the House and with the Governor, it began the sessionsreal work of legislation, and continued the sitting until themiddle of May. Many of the bills that the two Houses enactedwere aimed at the dispossession of Democrats from places forwhich the preceding Democratic legislatures had appointedthem, and the naming of Republicans in their stead. The cer-tainty that Governor Werts, who himself was a Democrat,would veto them, led to a two days session after the close of theregular session, for the purpose of overriding his then final adjournment was not declared, but recess wastaken until fail, to afford opportunity for the enactment of anew Assembly districting bill, in the event of the Court ofErrors setting a
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