New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-16
DUPONT MAY BE SEATED.
pprcEpENrs SHOW HOW THE SENATE
HAS ACTED ~ FORMER CASES.
NEITHER JAMES - EvsTis. WILBUR F. SANDERS
Nus THOMAS g. POWER HAD 'HH'l''
GATES FROM : GOVERNOR wHEN

.rfrrtrr JAMES - EvsTiS WILBUR + stNpERs
NOR THOMAS e. POWER HAD cERrlyI
Gates FROM GOVERNOR wHEN
THEY .ooX OFFICE.
Wash,ng,on Nav ij-E senator William PIT
ke.,gr OF Louisiana. suop'es an interesting pf zee
der,. which. Ia his opinion. wi! contro the anns-
sim ~ Colonel II \ Dupont. q Delaware. 20 seat
, ,h. f-,l;,i states senate without Governors
certificate. The case arose under his own a'n'ns-
.,r.flon OF affairs Governor %, LOUISIANA ne
hal resigned a .cat rs United states Senator TO
take the Office Of Governor and J.. Il. ; PinchbacH'
a prominent coior.l leader o. the state. was
clect. m 1873 10 n the vacancy. Ire United states
s.n4t. for various reasons. delayed action 10 MS
case ana finally '!ined - seat him
Af,.rnard dual legislatures arose IN LOUISIANA
ono wholly Democrats one chiefly Hcpnpirah.
THE WAS In 1873. Two mr.rbers Of the Republican
senate were Induced 70 cross 70 the rva. Dem
oor,ttc body ard 70 take part IN joint br.ot for
the s,ll vacant ~.nliorship Their presence com
Melted a quorum ~ M srihnrs whose c'"ctlon was I'M
ds,utsl Tho choice Of the Legislature thus com
pos~d fcl upon Jimes B. Eustlr. oar present AM
bassador to France Congressman. committee
healed bv Representative Wi.lllm y Wheeler OF
xov-Yorl subsequently N!ce-Prcsldcnt Of the
United stats was sent down to Louisiana 10
straghion out the mrld.e. Mr.. Whee'"r recon-
n-ndcd and Governor Kellogg carried out. com
promise which resulted in seating certain OF the
members OF the seeding Legislature III the pouE
prev,ouslv recognized by the Governor. In the
moan time Senator Oliver T. Morton. OF Indiana.
vino vas then al the head OF the Committee on
Privileges lrI f..rciious made vigorous enor;1 20
haye Mr. Pnchback seated declaring that the state
wa entlt.el 10 full representation. AMI that II MT
Pinchbaci was not elected Mr. Enstis was There
uron ,he Senate on December 10. 1871. seated Mr..
Eusts though he had certificate Of election from
the Governor of the state but on'y certified copy
., the proceedings OF the Legislature SAID ex-Sen-
ator Kellogg. in speaking OF this precedent:
several Of the older members of the preeon, Sen
scnarors Sherman OF Ohio Alison. of Iowa; Nor.
ril. Of Vermont Harris. OF Trnne,,sec, Te.cr; OF
blma and others VIII easy remember the crcum-
stances. and they VIII undoubtedly acquie:ce IN me
,mpe, ur,mnrly. sovereign State has right 20
dua representation on the Moor OF the senate. ana
fiona. rlght | have 10 doubt that Co,one. Dupont
viii be given his seat. and the Eustis VIII form
the precedent.
senator John H. Mitchell. OF Oregon the proba-
bic chairman of the Committee on Elections in the
next Senate. has written Significant letter to ex-
Senator Higgins. Of Delaware. on this subject, In
the course OF which he says:
have no hesitation IN giving you personally my
present Impressions which are very strongly 10 the
effect that the acting Governor OF your stat hoid
Inc Such Office and exercising Us functions to exer-
any of the functions Of senator either those
or otherwise II | am right In this, then It would
seem 10 follow very clearly that MI dupont WIN
legally elected Senator. 49,, r, =.
In reaching the conclusion that the Speaker OF
the senate while holding the office or Governor,
en- nnot exercise Senatorial functions u If not neces-
sary TO go the extent that on en,ers upon ,ne
oficc OF Governor he forever ceased 20 De senator
His functions as such may be. ana mink WERE
entirely suspended. but II for any reason Tor IN
stance by the election OF Governor before the ex-
piration OF the term OF Senator for whch tne act-
Ink Governor was elected. he ceased 70 noiu 'he Oh,
would seem to be no reason why ne coud not men
properly resume and exercise the iunctlonn OF sen'
stor 10 the end OF the for when ne was elect
ed such. ,,,.,
A further precedent in favor OF seating a unNea
States Senator, even though he should NOT nave
serted il found in the cases Of Wilbur ~ ssnaeSs
and Thomas c. Power OF Montana, 20 rovernor ~
that state who certified to the election 0h '"s'F