Evening journal., 1888-11-12

TO a seat in the Senate, not upon the fact
that term filled by the Legislature Of
New Hampshire had become vacant dur
ing recess of the Legislature, but upon
the fact that the executive claims the right
to make temporary appointment at the
beginning Of a term which the Legisla-
ture has not undertaken TO fill
THE committee cannot find in the Con
stitution any sufficient warrant for this
claim.
This report is signed by Senators Eli
Salisbury Benjamin IL. Hill and T. b.
Vance. The minority report held that
Bell should be admitted for the reason
that the Constitution never intended
that a state should be deprived of the
right of representation because the Leg
islature was not in session at tho time
the vacancy occurred They concured
with the majority in the opinion that the
governor could not appoint after the Leg
lature had an opportunity 70 elect.
Senators Salisbury and Bayard after
wards voted to admit Bell under the
reasoning.
Thus it will be seen that the precedents
of the national Senate are against the
seating Of any one by appointment of the
governor, and for two years. If the
scheme should per chance be successful.
Delaware would 90 unrepresented.
The Republicans say that they will
meet this, If it is attempted by throw
ing out the Democratic members Of the
lower branch from New Castle county
on the ground Of fraud in this county.
To this the Democrats reply that they
will 90 to the Court Of Errors and Ap-
peals and secure a mandamus preventing
the unseating Of the members of the
House for the reason that there are no
legal or technical grounds to deprive the
members from this county their seats.
An EVENING JOURNAL representative
to ascertain the position OF the Demo
Gratis in this city on the possibility of a
contest, interviewed a number Of Demo
Gratis, among them the following.
w. I. Lynam-''Upon the face Of
things the tickets were in clear violation
OF the law and being such a violation it
forms a fair and legitimate ground Of
contest, and il would be well 10 have the
law making power pass upon it. "
Attorney General Biggs-'This is an
important matter for which have not
given sufficient thought to give an
opinion.
United States District Attorney Cooper
II have always rested upon the belief
that Mr. Richardson was legally elected
| don't believe in bubbles II there is
any good and fair ground for contest |
presume his opponent will make it. "
John II. Rodney Esq.-"If it is true
that the ballots are the way stated, it Is
fair ground for a contest The whole
law should be so construed as to give
effect to all its provisions. There is
nothing in the last proviso which author
orizes the use Of stickers that should
necessarily render the first part in rela-
ton to the heading Of the ticket mop
erstive.
City Solicitor Turner: "The Democrats
ought to do what is right and if possible
give expression TO the rights Of the
people.
Judge Ball: Il agree with Mr.. Turner. /"
Harry Emmons: The inspectors should
have thrown the ballots out. III the vot
ers were deceived with the ticket the
Senate should refuse to admit Richardson.
II they voted with their eyes open as a
matter of right, If not Of law, the will OF
the people should be respected
g. j. Kyle, deputy collector Of customs.
said: Il was not with the party that
was defeated, and / am not with those
who are trying to get the victory from
the party that has won It, T"