New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-14

less have been true that he was exercising the
exercising the office Of Senator or the office. 0.
Speaker CT the Senate and that MS dls s M,
end before Governor elected by the people can
legal votes cast in the joint Assembly, his right
TO the office OF Senator is not impaired by tne acr
that he falls present the certificate OF 6oVerhor
Watson evidence OF his election
ARGUMENTS FOR MR.. DUPONT.
These contentious are argued with skill and
cogency in a brief of ninety-nine pages. fun OF
legal and historical interest 1t is not necessary
TO follow the reasoning in all its cumulative oe-
tails The closing portions give fair view OF
the force and clearness with which the business
of Mr. Dupont's claim is indicated. The coun-
sci say:
Mr. Watson in voting for Senator on May yo-
ton as well as its general spirit and framewoTk PIX,
s hSas ahs se SSe p Of NSe that
holds that office he shall not be q Senator b ana bt 1t
holds the Office Senator he shall not exercise me
Office OF Governor In defiance o. e9an % hfS
ton he insists upon holding the office OF Cover
nor and h at ae sane ssma e Se act Of Congress,
constituting the Joint Assembly for the sIeet99 OF
h Ss STATE esctea 20 that position by the
fhan has any other member Of the Senate or House
g Rs we I1 fas oood
the joint Assembly which contains not the organ
LEGISLATURE Leg The Speaker Of the Senate enters the
Joint Assembly SenatGT and not cars a he
Speakers office with him into the Assembly: me
watson OF without an election to the Office Of Presl
dent OF the Assembly by the Assembly ITSELF was
Spectacle presented in the joint Assembly Dss at
DSve on ne 9Th DAY a 81 no in harmony With the
principles Of the American system OF S9Hernm ntiaJ
the election of senator or the Ih!tei
States. had voted for Senator more than hundred
9Th dsv Of MAY 1875 success seemed at last to be
in sight. 1t appeared that Mr. Dupont was about
nine votes and to be elected If Governor Watson
sSa ss. ispo ssE Rs
by p smss nsead Of Repubcan the m
time the Governor repaired to the Joint Asse hap
5T Ga mse G e Of q S GoS H but
the Speaker Of the Senate and therefore the presi
Gsn IF p rae }Hh in the JOINT Assembly without
election the ocs Of president o by the h h
seized the chair and the gavel of the presiding Ing
S ssrped and Once o 0is his "Ss Illegal
the canvass for Senator Of the United State Tii
Vote the power to do il is In the Senate Of the
United States and the duty TO do it is there.
CANNOT EXERCISE BOTH POWERS.
7, /, had not been true that Mr.. Watson was, to
all intents and purposes, the Governor OF Delaware
at the time when Mr.. Dupont received fifteen votes
IN The iont Assembly It would nevertheless have
been true that he then exercising the office OF
Governor and was therefore incapable OF exercis-
ing the Office of Senator the office OF Speaker OF
the Senate and that his disability could not be re-
moved for his Senatorial term will end before
Governor elected by the people can be qualified In
order to demonstrate the validity of Mr.. Dupont
title to the office OF Senator ii is not necessary to
show that when the Speaker OF the Delaware Sen
ate is transferred by the State Constitution to the
vacant office Of Governor ne becomes in every CON
stitutonal sense the Governor or the STATE. NOT
Is II necessary show that after he ceases TO eXer
else the office of Governor he cannot resume the
exercise OF the Office OF Speaker Of the Senate or
upon his transfer TO the vacant office of Governor
he exercised that office In every constitutional sense
exactly as exercised by the Governor elected
by the people and that while he exercises the Office
OF Governor he cannot lawfully exercise the office OF
Senator or the office OF Speaker OF the Senate;
When the trainers of the Delaware Constitution
the office OF Governor the Speaker Of the Senate
should exercise that Office they certainly meant
exactly what they said; they meant that in that con-
tnGency the Speaker OF the Senate shouid eHerGse
the office Of Governor. When they declared that
the supreme executive powers OF the State should oe
vested In Governor they certainly meant that the
State should vested should exercise the office OF
Governor When they declared that no person hold
ing the office OF Governor should be Senator tney
executive powers OF the State should at the same
time exercise the Office OF Senator. When they de-
clared that Senator should exercise the ONCE OF
Governor they meant that no should simulta-
neousy exercise the Office of Governor and Senator
The fact that Mr. Dupont received fifteen votes In
the Cint conventio Is only established by abun
dant proof but is fact OF public notoriety and is
also unquestioned fact. The only question in the
case ia whether Governor Watson had right to
vote for Senator In the joint convention Inat is
largely question OF law As to the elements of fact
which IL involves. there Is dispute or doubt or
room for dispute or doubt.