The Wilmington daily Republican., 1895-05-11

s3 NAhfilNGTON5, May 10.-The condition
81 which the Delaware senatorship was left
by the adjournment OF the Legislature Of
mat state is regarded with especial interest
N senatorial circles. 1t is believed that the
case will present some aspects that are
Annique In the history OF the Senate. 1t is
held by some persons that the outcome OF
tha contest may prevent the organization of
the Senate by the Republicans at the begin
ming Of the next session, as the Democrats
may find II to their interest to continue in
control OF the committees as long as possi-
bie The Delaware question would be re-
1erred 10 the Committee on Privileges and
Eiections, OF which Senator Gray OF Della
ware Is now chairman. In case of purely
partisan contest the control of this commit
Zee might be of no little Importance to the
Democratic
z Senator Morgan OF Alabama, in discus
sing the question said . 1.-THE action of the
governor in the promises will be of import
snce in determining the course OF the Sem
ate when the question Of seating Mr. Du-
Pont shall come up for consideration. The
law requires a certificate of election from
khe governor. and while do not feel that |
know sufficient Of the facts in this case to
express a positive opinion, should say that
the presumption would be against a man
scnting such evidence of the validity of his
ohim. | know of but one instance in which
the Senate has seated man in the absence
5 Of certificate of election from the COVER
nor. and that was in the case of Senator
Conkling, whose certificate failed to arrive
on one occasion in time for the organization
OF the Senate. In that case, however, Mr..
Sonkling's election was undsputed, and
there was a telegram saying that the certl-
AGATE was on the way to Washington.
"The only way in which the Delaware
Democrats can legitmately secure hear
&ng in the Senate is for Governor Watson to
appoint senator on the theory that the
: Legislature had adjourned without electing,
and this, / presume. he will do In that
svent, in all probability. there will be a
close contest. l have differed from many Of
my Democratic colleagues in holding that
nnder such circumstances the governor of a
state had right to appoint and that, when
ne did appoint it the duty of the Sem
ate to seat the appointee This was the ques-
xSon involved at the beginning of the Fifty
third Congress in the case of toe appoint
+ nents from Washington. Montana and Wy
Unaing and then took a position in favor
OF seating these men. You will remember
however, that the verdict Of the Senate was
against them"
Senator Morgan said he did not believe 1t
would be competent for the United States
Benate to question the right of Governor
Watson 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 legttimately fill tue
<wo positions. He became governor"
Hnid the senator, by virtue of his being
Ahe presiding officer of the Senate, and II
- H. "a Ia
I think he would thereby surrender his
right to act as governor. OF course" he
kdded, these are all delicate questions and
4nsceptible Of much dsputation and it is
Impossible to say what conclusion the Sem
nte may reach regarding them" ...-.
Senator Sherman of Ohio. while not un-
willing to express his opinion. did so in the
briefest possible manner, and with tcrse-
ness that left no doubt as to his position.
s'Mr. DUPONT" said Senator Sherman.
: ewill In my Judgment be seated assuming
khat Governor Watson, when he cast his
vote as a senator, was the then governor OF
Me State OF Delaware"
! Senator Sherman said Is was not prob
able that Mr.. DUPONT would come to the
eenate with credentials signed by the gov
ernor of his state. for It could hardly he as
Rumed that Governor Watson would sign
euch credentials after the position he oc-
kupied in the matter OF the election. sun,
nar Sherman said there hal been cases In
the Senate where contestants had bueu
seated pending the decision OF the Senate as
10 absolute right Of such contestant To his
neat. ..-. ).
Senator Gray Is quoted aE saying that Mr.
DUPONT will not be seated, but as the de-
spatches do not give any reasons assigned
BY the Delaware senator. those who oppuse
him politically say that when the debate
comes on Mr.. Gray viii be compelled to
back up his simple assertion Of his own be
hef with preecdents and arEnmcntariSe
force. Attention has also been drawn to
the Constitution of Delaware In which 1t
Is set down in article Ill. section Y. that
"No person holding any office unler this
state or the United States, shall during hts
continuance in office be senator or a
!. Representative" 1t is held under this
article OF the GunsttutiOn-and this is the
authority upon which Senator Sherman
bases his opiRiou-that Governor Watson,
having assumed the functions Of governor,
could not soryr as a senator. and acted IL
legally when he cast a vote as such senator,
II his vote an illegal vpic the total
vote of fifteen received by Dupont was a
majority Of the two houses and sufficient to
Elect. At all events the case promises to
be hutly contested in the Senate at the
hrst session. the Republicans standing IN
need OF the vote Of The senator from Drla-
ware who viii succeed Anthony higgins,
shiohs Cure. tie great cough and
Grcup Cure Is ID gTrHt dauani. Poolt'
ct sl1e contains twouty.hye loses. oni >
eoe. thldten love 1t. Sold by all
druggists.
\ soldhy y. b na4f5r,h Drasr,4t s E.
Cor md ana fnrket -rreefs.
lncirnt " orl. al the rnitrp.
Ofticor Palmer yesterday. morning mr.
rested Daniel Holland for begging i4oEey
& al Third md Couuell street
William II fHnliIner will spend 50 days
et New Custle unless he pays line OF ;.
ard osts rol bang disorderly at Eteveutt
ard ClaymnBt street5
BY the way, Officer Rhaiaholy is max
ang al ellEIeHt odicOr lie usually oUu
tions his man and tliAn unlsss he stop,
the dlsordnr be Is arrested. such VAS thf
easR with Faulkner
The charge Of dis0glterly eaniuet pre
felred against Arthur I. Chrtsly was ts
missed lie had boon aetlnK 5u9 pietoIsl L
around lhirteeutA ana West where aevtr
sl attempts 10 commit uprslarles Algo
been made.
Tho charge of daorlerly conduct pro OF
red against Mlllnm II WEttaaer by hi
wiis was dismissed at her reqGest.
Shortly before O'Clock yesterday mOrn
Ing officer Dan Alien saw Jam8s EIemtul
Oh Eighth street abaYa King About
O'clock YesteItlay u 1rninK J. w. tijbnay
reported that Ills clothing store had lee
entered and 4 quantlty gf clothing atDIen
Suspicion rosted on leElitg on apc1un
oil his previous rscorJ. Yesterday sitter
noon SerReanls Bailey ami Welsh and oi
flcer Dan kelleher went to his residence
No. Lord street. and aIter..,,s ..,,searchinK til
house and having fOundi sOme clothing
collar and Gun buttons, &c., Fleming wa
placed under arrest
Mrs Margaret Nickers tried to concaf
| some watch chains in her bosom but tn
police were too sharp for har,