Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-10
SENATORSHlP
Senator Morgan Gives His Views as to the
Probable Contest.
He Thinks Gov. Watson Had n Right
Also to Act as Senator Dur
Ing the Election.

The condition in which the Delaware
senatorship was left by the adjournment
Of the legislature of that state yesterday is
regarded with especial interest in senator
ial circles. 1t is believed that the case will
present some aspects that are unique IN the
history of the Senate. It is held by some
persons that the outcome of the contest
may prevent the organization of the Senate
by the republicans at the beginning Of the
next session, as the democrats may find it
to their interest to continue in control of
the committees as long as possible. The
Delaware question would be referred to the
committee privileges and elections, of
which Senator Gray Of Delaware is now
chairman. In case of a purely partisan
contest the control of this committee might
be of no little Importance to the democrats.
Senator MorEan's Opinion.
Senator Morgan of Alabama, in discuss
ing the question, said: 1.-The action of the
governor in the premises will be of import
ance in determining the course of the Sen
ate when the question of seating Mr.. Du-
pont shall come up for consideration. The
law requires a certificate of election from
the governor, and, while 1 do not feel that
1 know sufficient Of the facts IN this case
to express a positive opinion, should say
that the presumption would be against a
man who should apply to be seated without
presenting such evidence of the validity of
his claims. 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 Conkling, whose certificate failed
to arrive on one occasion in time for the
organization of the Senate. In that case,
however, Mr.. Conklings election was I'm
disputed and there was telegram saying
that the certificate was on the way to
Washington. The only way in Which the
Delaware democrats can legitimately secure
a hearing 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 even in all probability there
would be a close contest l have differed
from many of my democratic colleagues in
holding that under such circumstances the
governor of a state had a right to appoint,
and that when ne did appoint it was the
duty of the Senate to seat the appointee.
This was the question involved at the be-
ginning of the Fifty-third Congress in the
case of the appointments from Washington,
Montana and Wyoming, and then took
position in favor of seating these men. You
will remember, however that the verdict of
the Senate was against them"
Gov. Watson's Right to Act.
Senator Morgan said he did not believe it
would be competent for the United States
Senate to question the right of Gov. Wat
son to act in his capacity of 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 senator, ''by virtue of his being the
presiding officer of the senate and if he
should resign his position as senator 1
think he would thereby surrender his right
to act as governor. AS l regard it he is de
Jure senator, while he may be said to be
only de facto governor. OF course" he
added. these are all delicate questions, and
susceptible of much disputation. and it is
impossible to say what conclusion the Sem
ate may reach regarding them"