Evening journal., 1888-11-12
STEALING A SENATOR.
Senator-Elect Richardson to
be Counted Out.
THE UNIFORM BALLOT LAW.

A well defined report comes from
Dover that the seat of Alden B. Richard
son, Republican, senator-elect from Kent
county, is to be contested The grounds
OF contest are alleged to be violation of
the Uniform Ballot law of 1881. Under
the provisions of that law the title IRE
publican or Democratic" at the head Of
ballot must be in harmony with the
politics Of the majority of the names on
the ticket.
At least 1000 Of the tickets voted on
Tuesday last in Kent county contained
it is said the names of the Republican
candidates for Legislature, Levy Court,
sheriff and coroner. in all fourteen, while
the remaining seven names were those
Of Democrats This ticket was headed
Democratic, it is claimed in violation
Of the law and upon this, 1t is alleged,
Daniel NJ Ridgeley will endeavor to OBJ
tain admission to the state senate.
Should he be successful the result would
be deadlock in the Legislature, or
vote of 10 to 10 on United States Senator.
One.of two results would grow out OF
this, namely, a vacancy in Delaware's
representation In the United States Sen.
ate, or if the lower House in the state
should refuse to adjourn, a prolonged
session of the Legislature. The benefit
to be derived by the Democrats from this
scheme is simply this: They would be
able to maintain a vacancy until 1892
when they hope to elect q solidly Demo
cratic Legislature and thus elect for the
unexpired term a Democrat The suppo
sition, very prevalent now, that in case
that the Legislature should not elect a
United States Senator. Governor Biggs
could appoint one at the end of the SEES
sion, is erroneous.
The United States Senate has decided
that in case of failure Of the Legis-
lature to elect, the governor has no power
to fill the vacancy. In support OF this
Delaware supplies its own precedent
The first case of this sort that ever arose
in the United States Senate came from
Delaware. The case of Kensey Johns,
Senate Cont. Election Cases, page y, and
is reported as follows: "On March "a,
1894, Kensey Johns appeared before the
bar of the Senate and produced his Gre
dentials of an appointment by the gov.
ernor Of the state of Delaware as Sena-
tor Of the United States, which was
read. The credentials were referred to
the Committee on credentials be-
fore he was permitted to
qualify by vote of 10 to L. Among
those voting in the majority were such
well-known Democrats as Bradley, Burr,
Jackson, Langdon and Monroe. The only
man voting in the minority Of any promi-
hence was John Vining of Delaware, who
was not expected to vote against his col
league. The case came up several times
and finally on March %, 1894, the report
Of the Committee on Credentials was
read as follows.
The Committee on Elections to whom
were referred the credentials of an APP
pointment by the governor Of the state
Of Delaware Of Ksnsey Johns as a Senator
Of the United States, having the same
under consideration, report, That George
Read,a Senator for the state Of Delaware,
resigned his seat upon the 18th day of
December, 1898 and during the
recess Of the legislature Of said state
That the Legislature Of the said state
met in January and adjourned in Febru-
airy, 1894. That upon the 18th day Of
March, and subsequent to the adjourn
ment of the said Legislature Kensey
Johns was appointed by the governor of
the said state to fill the vacancy occa-
stoned by The resignation aforesaid,
whereupon the committee submit the fol
Resolved, That Kensey Johns ap-
/ pointed by the Governor of the State of
Delaware as q Senator of the United
States for said State, is not entitled to q
seat in the Senate of the United States.
A SESSION OF THE LEGISLATURE OF THE
! SAID STATE HAVING INTERVIEWED BE
| TWEEN THE RESIGNATION OF THE SAID
! GEORGE READ AND THE APPOINTMENT
OF THE SAID KENsEY JOINS.
"On the question to agree to this re.
port, it passed in the sfiirmative-Y cas-
/ 20, nays ! as follows
"feas-Messrs. Bradford, Bra Hey,
Brown, Burr, Cabot, Edwards, Ellsworth.
| Frelinghuysen, Gunu, Hawkins, jackson.
| King, Langdon, Livermore, Martin.
Mitchell, Monroe Robinson, and Taylor.
"Nays-Messrs. Foster lizard. Morris.
Potts, Rutherford, Strong and Vining.
Resolved, That an attested copy of
the resolution of the Senate be trans
mitted by the President of the Senate to
the executive Of the State Of Delaware
Samuel 5. Phelps was appointed by the
| governor of Vermont. January II, 1853,
during a recess Of the Legislature to All
a vacancy in the Senate happening by the
death Of William Uphqm His creden-
tials were presented and he took his seat
the following January 49, The legisla
ture met in October and adjourned in
December without elscting senator e
fill the unexpired term Mr.. Phelps had
continuously held his seat and on Decem.
Der 49, when the Thirty third Cor gresr
assembled he again attended. January
f. 1854, the Senate resolved that the
Committee on Judiciary inquire whether
he was entitled to retain his seat. On
the 10th Of that month the committee
reported in his favor, but the Senate re-
jected the report of its committee and
decided that the Senator was not entitled
to his seat by a vote Of 10 yeas to q
nays. The committee presented two re.
ports, the majority report giving him his
seat and the minority report which was
adopted, denying it. The latter report
was signed by A. p Butler and James A
Bayard Of this state. Mr.. Bayard mad,
quite an extended speech upon his re
port Among those who voted for tn.
seating of Phelps were John NJ. Clayton
Edward Everett, William P. Fessenden,
Ben Wade and Benjamin Foote.
In the negative were Charles Francis
Adams; William Allen, James A. Bayard
C. c. Brodhead, Henry Clay. Stepher
Douglas, Hannibal Hamlin, WilliSm II
Seward, Charles Sumner and Mason and
Slidell the latter two afterwards com
missioners to England from the Confed
crate government.
The case Of Jared w. Williams OF
Connecticut was decided the same way
notwithstanding the fact that the Legis
iafure had adjourned IN dav earfa i,, fo,,,