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

IRE OF DELAWARE. AND OF WHICH Gov
EHNoR wATsoN's rYRANNICAL AC-
TIoN WOULD DEPRIVE HIM.
tpr TELEGRAPH TO THE rRIBUNE.l
Washington Dec. 13-One Of the first and most
urgent duties which will devolve the Senate
after the reorganization Of the standing COM
r,ittees now in progress is accomplished will be
tho determination Of the right and title OF Henry
A Dupon; to the seat from Delaware made
vacant last March by the retirement OF Anthony
HIGGINS The refusal Of the acting Governor OF
r,olaware to approve Mr. Dupont's credentials
and the evident purpose Of the other Senator
from that State Mr.. Gray. to sustain and defend
,b,s arbitrary action OF the State Executive
have. in fact made a reorganization Of the Senate
committees almost a necessity If Justice is to be
done nv that body TO the Republican Senator
e,e,, from Delaware whose title il has been
sought 10 vitiate by a fragrant piece Of partisan
usurpation.
NJ Gray is at present chairman Of the Senate
Committee on Privileges and Elections. to which
Mr. Duponts technically imperfect credentials
will have to be submitted. and there are now hve
Democrats and three Republicans on that COM
,ni,,ee with one place vacant. Such arrange
mon, practically vests Mr. Gray. chairman.
with power to delay indefinitely determination
o. NJ Dupont's title. and the reorganization of
the Senate committees has been undertaken as
much for the sake OF securing fairer and more
EQUITABLE hearing Of the Dupont case as for any
other reason.
,Jr Dupont's claim 10 a seat in the Senate rests
on a simple and apparently unassailaole grouno-
vo-k y law and facts There is indeed, no dis
pu,e bout the facts. and the sole basis Of the re-
fusai 4 the acting Governor Of Delaware TO sign
iS
forced and unnatural construction Of the State
Constitution. speciously put forward to cover a
patent violation OF law on the part Of the acting
Governor and the Democratic minority in the
STATE LEGISLATURE.
The political conditions which led up TO Mt
Dupont's election well known. The Repubh-
can party had carried the Delaware General AS
se,nbly at the election Of 1894. having elected
fifteen out Of twenty-one members OF the House
a. Representatives and four out Of nine Senator'S
The Republican vote for United states SEN
ator o. succeed Mr.. Higgins was divided from the
start between two candidates Mr. Higgins him-
s.,e and John e Addicks. and no union on
marty candidate was reached during the session.
A. tho organization Of the Senate the first
Tuesday in January. 1895. William T. Watson.
Democrat. was elected Speaker, and he continued
- discharge the duties OF Speaker of the Senate
and president Of the join Legislative Assembly
which convened daily until April 3. the day fol-
lowing that on which Joshua II. Marvil' me
INV ,,.o,ed Republican Governor OF Delaware
died The Constitution OF Delaware prescrioes
that upon any vacancy happening in the office
o.. Governor by his death. removal. resignation or
inability. the Speaker Of the Senate shall exer-
else the office until a Governor elected by the
people shall be duly qualified
TIT
Sneaker Watson accordingly on April took
The oath OF office and assumed the functions oil
Governor: and until May g. the final day OF the
legislative session. he did not take part In the
proceedings Of either the Senate or the Joint
Assembly or seek 10 have his vote recorded for
any candidate for United States Senator. on
MAY Q however. shortly before the hour OF ad-
5ournrnent. IL became evident that fifteen Re-
publican votes being majority OF all those cast
IN tho Joint Assembly were about TO be thrown
= Henry A. Dupont breaking the long iegsia-
tive deadlock and insuring Mr.. Dupont's election.
Governor Watson. being hastily summoned,
thereupon entered the Joint Assembly. mounted
the presidents desk. seized the gavel and de-
clared his right 10 participate in the election
and his vote being recorded at his direction. was
hold by him 10 raise the number OF quallhed
olec,ors IN thirty and TO reduce the fifteen votes
cast for Mr. Dupont TO one less than an actual
and legal majority. The Legislature then ad-
tourned sne die. and the Governor resumlns
his executive functions. refused TO sign the GER
,;acate OF election given to Mr.. Dupont by the
Sneaker Of the House OF Representatives. the
r-oner and lawful president Of the Legislative
Joint Assembly.
NJ Duponts counsel rest his claim to seat
in the Senate on the broad ground that MT.
Watson. on assuming the office and functions OF
Governor Invested himself OF ell MS powers
a. a legislator. common law and the CONSTITUTION
80 relsycara alike declaring the exercise Of both
legislative and executive functions 10 De "ho"y
,n.ompa,ible. In an elaborate brief submitted
~, rhuard q Bradford and Anthony Higgins,
.. Wilmington. and Halbert E. Paine OF TINS
c,., - the Senate Committee on Privileges and
Elections. the following propositions are au
vsroes 20 suppor; Mr.. Dupont's title:
:, 10 rule OF the common Law that no per
s5n shall exercise two Incompatible OFFICES a. '"e
f-r5"r the American system. executive .- ano
legislative offices are incompaupie' 1iSont express
"a ,,eed s,stufory or constitutional authority
g. There is express or imPLea COMMENTATORS ex-
% W he ssme person OF the Offices Of Governor
AM senator on the contrary ne ,Sse two oces
hn5 iberefoqa at the time when Mr. DqPSn M RE-
siy,d een n y9lss IN o. t"s sxecsne Once Of
Senator II he was at that u''e '"'
Delaware -. SILVIA ,be Governor
Mr. Watson at that time .incean une 81 exer-
o. Delaware and therefore 90 ~ sneaker
cisiue The ofhce OF senator or the ONCE u
o. The senate -, A., wa,son exercises
the once Of Governor ne is eapa6ie, OF senate n
the once OF Senator and speaA endiass absurdties
~ sasi,s ,heory reconces all the ptov'sIohne
o. The delaware Constitution relating 10 '"e '
jeCt under consideration .,su y, tho office Of
Governor watsoa s.s sSsrss snd Of Of the Once
n,est1an, !" ~ mai Assembly was Illegal anu h'9
Vote or United states senator nat, NM was watson Vas
~, ,s, nag eyerv sense OF the state Constisu-
tor he Governor OF Delaware II WouIu n.--- ~