The Indianapolis journal., 1895-05-11
DELAWARE'S MIDDLE
1T PROMISES TO AROUSE A LIVELY
CONTEST IN THE SENATE.
Governor watsOn's Action I'm Filling
Two Offices Indorsed by Senator
MOrgan-COI. Conger Talks.

WASHINGTON, May l0.-The condition in
which the Delaware senatorship was left
ty the adjournment of the Legislature of
that State yesterday is regarded with es-
pecial interest in senatorial circles. 1t is
believed the case viii present some aspects
that are unique in the history of the Sen
ate. 1t is held by some persons that the
outcome of the contest may prevent the
organization of the Senate by the Republic
ans at the beginning of the next session,
as the Democrats may find it to their in
terest to continue in control of the COM
mttees as long possible. The Delaware
question would be referred to the commit
tee on privileges and elections, of which
Senator Gray, of Delaware. is now chair
man. In case of purely partisan contest,
the control of this committee might be of
no little importance TO the Democrats.
Senator Morgan, of Alabama, in discuss
ing the question, said: THE action of the
Governor in the premises will be of impor-
tance in determining the course of the SEN
ate when the question of seating Mr. Du-
Eont shall come up for consideration The
law requires a certificate of election from
the Governor and while do not feel that
| know sufficient of the facts in this case
TO express positive opinion, 1 should say
that the presumption would be against a
nan Who should apply to be seated with
out presenting such evidence of the validity
OF his claims. i know of but one instance
in which the Senate has seated a man in
the absence of a certificate of election from
the Governor and that was in the case
of Senator Conkl:ng, whose certificate failet.
10 arrive on one occasion in time for the
organization of the Senate. In that case,
however, Mr.. Conklngs election was undis-
puted and there was a telegram saying
that the certificate was on the way TO
Washington. The only way in which the
Delaware Democrats can legitnately Sc
cure q hearing in the Senate is for Gov
ernor Watson to appoint a Senator on the
theory that the Legislature had al djourned
Will do. In that event, in all probability,
there would be a close contest. / have diff
sfered from many of my Democratic col
leagues in holding that under such circurl-
stances the Govern or of a State had right
to appoint and that when he did appoint
the al pointee. This was the question in
yolved at the beginning of the Fifty-third
Congress in the case of the appointments
from Washington, Montana and Wyoming,
and | then took a position i'm favor of seat
in:. these men. You will remember how
ever, that the verdict of the Senate was
against them.
Senator Morgan said he did not believe
il wCJld be competent for the United States
Senate TO question the right of Governor
Waits on to act in his capacity of a Senator
in the election while performing the guber-
material function. but indicated his belief
that Mr.. Watson could legitImately fill the
two positions. "He becomes Governor" said
the Ser ator, by virtue of his being the
presiding officer of the Senate. and il he
should resign his position a Senator l
think he would thei eby surrender his right
10 act as Governor AS L regard it he is
de lure Senator while he may by said to
be only de facto Gov srnor.