New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-12
THE DELAWARE CONTEST


the United States Senate as the successor OF
Anthony Higgins or not, every honest Repub-
lican who cares for the reputation OF the party
must rejoice that II need not carry the LOAD OF
having in the Senate man owing his place sole
" TO his having paid the election expenses OF a
few members of the Legislature who stubbornly
dictated terms to their colleagues There is good
reason to believe on mature examination OF the
Constitution Of Delaware that Mr.. Dupont has
been duly elected Senator, and that his seat may
not rightly be denied him at Washington, even
though his credentials may not be regular be-
cause of the refusal Of the Governor to recognize
his claims. But even II he does not obtain the
office, the Republicans need not be entirely cast
down 1t Is better for them that Democrat
should represent the State than that Addicks,
after the exhibition Of the last four months at
Dover should for six years be burden 10 he-
publicanism. His power was due solely 10
money lie did not buy the Republican parry
Of the State, nor is the majority In the Legs
]ature as whole indebted TO him. Ills invest
mcnt was confined to a small section OF the parry,
and his control extended TO only few members
Of the Legislature But with these few men, by
playing the Obstructlonist he sought to force the
majority into accepting him. Had 1t done &c. II
would have made itself an accomplice 10 his
dealings, and allowed Republicanism In tie state
and Nation to be reproached with having so!d
n Senatorship Even had the Addcks claim been
better founded, the spirit displayed at the close
If the session. ending in desperate effort To beat
the party to which he pretended allegiance by
nersuodine the Democratic Governor 10 join
hands with him 10 prevent IN election h'nhe u
perfectly plain that the Republicans OF Delaware
would have been disgIaced IN being represented
nv him. They deserve Tho praise ~ their Tel
lows IN other States for refusing 10 give UP thelr
FREQ choice If n senator % enable few men
who call themselves Republicans 10 redeem n
dIsgrnccful bargain, or 10 surrender ~ thfrh's
even for The snkc of keeping Democrat from
obtnlninp the office. AZ II n, tho pnriyr honor
IL safc. II In only the few whose regulations
have suffered
II Il 10 be hoped that the Addlcks scheme to
v,vc thc Scnntorship to Democrat by Inducing
Governor Wntson 10 vote will prove failure.
II ia difficult 10 see on what grounds OF justice
or law the contention that he can act ms Gov
ernor and Senator Mt the same time Ia founded.
Section 8 Of Article III Of the Constitution OF
Delaware. which was adopted In 1881, has this
nroyision. word for word like similar section In
the Constitution Of 1t92:
No member OF Congress. nor person holding any
office under the United States or this state. snail
exercise the Office OF Governor
Section IA Of the same article reads:
I-pon any vacancy happening In the Office Of Gov
srpor by his DEATH removal, resignation or inabil-
ity the Speaker Of the Senate shall exercise the
office until a Governor elected by the people shall
be duly qualified
The prohibition Of the first quoted section ap-
plies to the present case, and meets 1t IN exact
words No one Of the persons mentioned can
exercise the office" and In case OF vacancy the
person who has previously been Speaker OF the
Senate is designated to exercise the Office" ana
I'm SO doing he must cease for the time to hold
any Of the places forbidden to the person In his
positon Nor will the contention that he Is not
Governor but only acting in place OF the Gov
ernor, hold good. The Constitution OF l702,
which contained the disqualifying section as
noted provided for the Speakers filling va
cancy until q new Governor shall be duly quail
fed" But as il to meet this particular point,
the Constitution Of 1881 substituted until
Governor elected by the people shall he duly
Qualified" thus by implication declaring the
former Speaker no less real Governor than the
one elected by the people," something quite
different from the possible construction OF his
status when filling vacancy until "a new Gov
ernor" qualified Again In Section 12 Of Article
III. which deals with the State Legislature, are
these words:
No person concerned In any Army or Navy
tracts nor member of Congress. nor any person
holding any Office under this State or the United
States except the Attorney General officers usually
appointed by the courts OF justice. respectively at
torneys-atiaw, and officers in the militia. holding
no dsauaifyng Office. shall during his continuance
.xfHa h.
alive.
This certainly applies to the Governor. The fact
that some exceptions TO the rule are made gives
II particular affirmative force In all other cases
During the continuance" Of man In the Gov
ernorship he may not be In the Legislature
The law appears plain, and the custom has
been in Delaware rs elsewhere when Chief
MagIstracy IL vacant for the person next In sue.
cession TO take the Office and surrender his
former functions. There Is only one precedent
that on the surface at all points the other way,
and when examined even that will he found to
strengthen the Republican position In 1890 the
Governor died. Speaker Charles Polk succeed.
ed him, and held the Office Of Governor for
about two years. IIc was elected a senator for
four years. when u Governor elected by tho
people qualified he went back 10 the Senate and
served out his term. There IN no record that
while Governor h. exercised any Of the functions
Of Senator; on the contrary. n Speaker pro tenn
was chosen IN his stead. and the fact That hc
resumed the SenatorshIp after having for time
given II up does not ut all argue that he could
have exercised its functions while Governor. In
fact, his recntrance 10 the Senate concIdent with
his retirement from the Governorship would tend
to prove that the icgality OF holding both
Offices at once was recognized lie obeyed the
Constitution, and during his ''ooutiuuapcs" II