Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-05-23

ton as to the final outcome OF this cele-
brated political battle.
Senator Roach of North Dakota, was
seen by The GAzETTE's correspondent
on saturday, and in reply to question as
to his views of the right of GOV. Wat
son 10 take his seat and vote during the
election, said:
AN INTERESTING CASE.
"This is certainly very interesting case
and look forward to close contest II
Col. du Pont decides to claim the senator
ship which l understand is his present
discrimination. have not given the ques-
ton any serious consideration as yet, and
am only acquainted with the particulars
from the newspaper reports. or course. II
the case comes before the Senate we will
then have all opportunity of going into u
thoroughly and can then better judge of
the Justice of the claims of Col. du Pont
aud his opponents. 1t is very apt to be,
come party contest and no matter what
n Senator's convictions may be, he is liable
to be charged with political prejudice by
the losing side. II is. indeed, quite hard in
a case of this kind for one to completely
di7est himself of all political prejudice
| when il comes to vote on the merits Of
| the case.
NICE QUESTION GNvoLED.
"A nice question is involved as to the
| during the time he was acting as Governor,
but from my present Interpretation of the
Delaware Constitution am clearly of the
/ opinion that he never lost his rights as
! Senator by reason of taking the office of
Governor. In my opinion section IA OF
article Of the Constitution, which says
that upon any vacancy happening in the
office of Governor the Speaker of the
Senate shall exercise the office until a
Governor is elected by the people and duly
qualified, makes it plain that the trainers
Of the Constitution did not intend to de-
prive the Speaker OF the Senate of his
Senatorial rights and privileges, but was
to exercise the office of Governor by
reason of his position as Speaker only
until d Governor could he elected to fill
the vacancy; and agree in the contention
of Col. du Points opponents that If Gov,
Watson ceased to be Speaker of the Senate,
he would no longer have u right to exer,
else the office of Governor us 1t woulo
under section II, article ), devolve upon
the Speaker Of the House to perform tht
duties OF Governor until successor could
be elected.
STRONG ARGUMENT.
"A strong argument in favor of thu
right of Governor Watson to exercise hi
senatorial rights and privileges whit
acting as Governor is in the fact that thu
joint Legislative Assembly should have "
votes and with the Speaker sitting in thu
} session the States representation wa
complete, while IL he lost his identity as
Senator upon assuming the office OF GOV
ernor, there would have been u vacancy II
the representation from his district which
/ should have been Immediately filled,
r was plainly an after thought to declare
, Gov. Watson's action illegal, TO
otherwise the managers would have hat
the vacancy filled, especially as they Nigh
have succeeded in getting some one electe
favorable to their candidate.
THE DIFFERENCE IN DELAWARE.
. SIN States where there is lieutenant
governor, upon the death of the Governor
: the lieutenant-governo succeeds to tn
office and serves out the unexpired tern
and is in every sense Of the word tn
, actual Governor; but in Delaware til
Speaker of the Senate or Speaker of tn
! House is only to assume the duties G
= Governor for an indefinite length of tim
:, that is, until an election can be held an
! Governor elected. The Delaware court
! should be called ON to construe the Const
:, tuition and the alleged conflict, although
= do not see how the section of the Const
:. tuition which says that no member {
: Congress nor person holding any oitit
y shall exercise the office of Governor
. can be construed to apply to the Speak,
y Of the Senate, in view Of the other Sc
u tions which makes it one Of the duties {
:. the Sneaker to serve as Governor in Gu!
4 of death, resignation, removal or il
"a ability.
- There is another complication which
- see might arise in this interesting cond
y ton of affairs and this is that if Go
% Watson should appoint Senator, Il
appointee might not be seated, as prec
dent was established Mt the last session
70 Congress in the cases of the States
d Washington, Wyoming and Montan
f. where the Legislatures failed to elet
NJ when the Senate decided chat the Cove
ic nUrs had no right to appoint This
)r however, an afterthought."