Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-06-27


United States Senator from Delaware.
The first one was made day or two
after the Legislature adjourned, and In
in It he sad that IL was "a legal qucs-
ton" The other was made recently,
and in 1t he announced his determine
ton to have his claim "adjudicated" in
the proper tribunal, Both Of these an
nouncements recognize that feature OF
his claim which causes unbiased people
10 think that loyalty 10 Delaware re-
quires him to 60 first of all To the State
courts. The SUSSEX J6Hrna! Of last week
expresses faithfully the best sentiment
Of our people in the following sen,
fences:
Should Mr., du Point carry this matter
for decision to the proper courts Of TINS
state. the better class OF all parties would
cheerfuly accept the opinion rendered
thereon, Our courts are beyond reproach,
and that is the place 10 .cltle this matter
and settle it to the satisfaction OF all, ana
forever.
But Notwithstanding the good reason
and the strong sentiment in favor of
settling the Constitutional question
which has arisen, in the only proper
tribunal for deciding the true intent and
meaning of the Delaware Constitution,
we fear that the Republican managers
have over persuaded Colonel du POnt
and turned him from this wise course.
Indeed ex-senator Higgins stated fatty
that Colonel du pont would present his
claim directly to the United States
Senate at its next session. The Seaford
Meas, which is in its editorial columns
one of the brightest and ablest papers in
the State, aptly describes the attitude Of
the Republican managers who have
given Colonel du Pont such bad advice.
Representative in Congress,eiect ). 5.
kirkpatrick, Republican member from
Kansas, has just given his opinion that all
contested election cases affecting members
of Congress should be settled by the courts
of the State in which the election was
| held. Representative kirkpatrick Replb.
licaD brethren in Delaware prefer parti-
san Congress to court Of justice to settle
| such matters.
Mr.. kirkpatrick, who is quoted above
by the Seaford Nens, goes a good deal
further than we would go, and certainly
good deal further than ii has been
suggested that Colonel du Pont ought to
go. The Senate is, perhaps, properly the
; judge Of the election of its own mem.
bers. Our contention is that the court
of errors and appeals of Delaware is
properly the judge of the meaning Of
the Delaware Constitution, and that it
is becoming in Colonel du Pont to carry
his novel construction of the Delaware
Constitution to that court for decision.
After securing adjudication Of the con.
stitutional right Of Speaker Watson to
vote in the joint assembly on May 9th,
he can then ask the Senate of the United
States to decide whether he received a
majority OF the votes and was elected
Senator II is according to the eternal
fitness of things that the Senate should
Judge Of the election Of its owr members
and that the state courts should Judge
of the meaning of the State Constitution
We have heard peculiar but no
/ unworthy motive assigned for Colone
du Points unwillingness 10 carry hi
claim into court; and, whether /
{ really has any influence on his mnt
: or not, it is worthy Of Consideration
5 The suggestion is that Colonel dl
J Pont fully appreciates the weak
I ness Of his claim from a legal am
G constitutional standpoint, thinks tina
: by forcing decision from the court h
I would compel the judges to rule ayains
4 the Republican claim, The Republican
!. have already carried into court scycra
{ cases which could not be sustained, am
4 disreputable politicians have tried after
I wards to excite sympathy by raising Iii
: false cry that the courts are partisan
4 Colonel du Pont can not help seein
3 that such outcry against the courts ma
n do the greatest harm 10 the ofierl
,. administration of justice and enforce
g ment of law, The plausible suIges;io
II is that he hesitates to bring before ii
courts O case so weak that il woul
n inevitably result in another Republica
J. rundown and another partisan how
is about tho courts always deciding
!. favor OF the Democrats.
n We can see the force in this sug-e
/. ton, bu. we are not ready to accept
& as revealing the real motive animatih
9 Colonel gu Pont; for it would see
c that if he understood so truly the wea
II ness Of his claim from 4 legal and co
m stltutional standpoint, he would dnciIr
is not only to carry it into court but al
IL to carry it into the Senate or anywhe
81 else. 1t seems more likely that the nj
taken course which he is pursuing
due 10 The very bad advice urged upt
of him BY political managers who arc f,
ID Of selfshncss, empty d state pr.lc, al
be destitute Of iofty principles.
- One Of the older ami smaller par
N Of Chicago, the Union f'arA, s,uat
!" almost in tha centre Of the city. Is Iii
=" developed after a novel plan. It's to
=. made an exhibition ground for the &!
\ Play Of the native viii plants n
- flowers which are found within raii
.o' Of u miles OF Chicago, This plan /
+ value in an educational way. \ kao;
- edge Of the fora in onq's own lYca!ity
-. an excellent thing, WuulI itnuu be "
- for the PARK Commissioners OF "
\. mington ~ do something Of the "a
~ ! L-tnl 'Tva fNtF-t d.. -.