Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-05-16


yesterday, about which
public men have been talking here to-
day. AS there Ia no precedent IN the
annals of the Senate exactly covering
the case, the question Is discussed as a
novel one and on general principles, and
the discussion is somewhat colcred by |
partisan opinion. The Democrats gen
orally taking the view expressed hy |
Senator Gray, Chairman Of the com
mittee on privileges And elections, that
there was no election, aHl the Repubil'
cans generally taking the view ex-
pressed by Senator Higgins, whe was q
member OF the committee on privileges
and elections, that dupont was legally
elected Senator.
All agree that the case, which Is likely
to be famous one, will be considered
by the committee on privileges and
elections, and by the Senate, and that
until ii is finally settled In the Senate 1t
will not be possible to say definitely
whether Delaware will have two Sena.
tors or one before the Legislature acts
again. 1t may force the Republicans to
the alliance with the Populists for the
reorganization OF the Senate, which
they have been anxious to avert by
making an arrangement with the Demo
Gratis, for the latter will now he strongly
disposed to retain control OF the com
mittee on privileges and elections until
| it reports upon the Delaware case. As
the Republicans have AZ votes, it is sup
| posed that they will have no difficulty
! in getting the two or three more they
may need from the Populistss for it is
known that Jones and. Stewart and
| PETER are all willing TO vote with them,
and it Is believed that Butler Of North
Carolina would do so.
NOT on POLITICAL GROUNDS.
However, the possession nf the ma
jority of the committee on privileges
and elections is not so important as IL
seems to some of the partisans, for the
Senate has always been more disposed
than tho House to settle questions as TO
the election of Senators on legal rather
than political grounds.
Curiously enough, the very first SINH
lar Senate election case reported was
made in 1904, and was that of Kensey
Johns of Delaware, who had been APP
pointed by the Governor to fila vacancy
created in December, 1898, by the resig.
nation of George Read during the recess
of the Legislature. The Legislature met
in January and adjourned in February,
1894, without making an election OF
Senator, and on March 18th llGnsey
Johns was appointed, hgt'the Senate re-
fused to admit him, adopting, by vote
of 90 10 z. d unanimous report of the
committee on elections declaring him
not entitled to the seat, "a session of the
Legislature having interviewed between
the resignation and the appointment"
SHERMAN SAYS THEY'LL SEAT HIM.
Senator Sherman of Ohio, who has
been regarded as an authority in matters
of this class, said;
"Mr. du Pont will, in my judgment,
be seated, assuming that Gov. Watson,
when he cast his vote as Senator, was
then Governor of the State of Della
ware"
CAMERON DOUBTS AN ELECTION.
II is noteworthy that Senator Cameron
i of Pennsylvania, who has been follow
ing the course of the Delaware contest,
! said to a friend to-day that he had
never thought there would be an cleo
+ ton there, and that he could not say
that there had been now until the case
. should be passed upon by the Senate.
Senator German says the action Of
the Delaware Legislature opens up all
! entirely new question. you must re.
member" said the Maryland Senator
shat Delaware is peculiar State; Il
' has peculiar customs, and its State Con
stitution is different from that of any
:. other State, lbelieve thelg Constitution
A provides that upon the death of til,
Governor the President of the SENATE
. shall 'act as Governor Now, do no
: believe any other Stale in the Union ha
. such peculiar provision"
h A QUESTION FOR THE COURTS.
u Washington dispatch In Philadelplia Ledger
. The right of the acting Governor Il
exercise the function Of Senator Will
serving and discharging the duties 0
Governor is question to be determines
Z under the laws of Delaware, and /
. would be advisable for Mr.. du Pont I
take the matter into the State courts 70
+, decision, If the courts decide that tn
q joint legislative convention consisted o
i 30 members, all obstacles to the ndmis
is sion of Mr.. du Pont TO the United State
1t Senate would be removed. But, what
y ever may be done with du POM whe
~ the matter comes before the Senate
y there lie little prospect, IN view Of th
Z precedents established in the last Con
gress, that an appointment by the actin
W | Governor would be recognized