Delaware gazette and state journal., 1895-12-12


strive TO mako the most OF a bad case
and to furnish the best arguments pos
sible for Il contention that is devoid Of
law or common sense. They also seek
to put away from their party the ig.
nominy Of having failed 10 elect Sen
ator, after sending to the Legislature
enough members to accomplish this OBJ
iect, with votes to spare.
But there are papers outside Of tho
State that consider the subject with
perfect fairness, though without full
knowledge of Tho facts bearing upon
the case. For instance, our excellent
eontemporary,the Philadelphia Ledger,
in the course OF an editorial in which
the legal election OF Colonel du Pont
is supported with much ingenuity, has
this to Say;
The Constitution Of Delaware pro-
vides that no person holding any Office
under the State or the United States
shall, during his continuance in Office,
be Senator or Representative, and
upon any vacancy happening in the
Office OF Governor by death, removal,
resignation or inability, the Speaker Of
the Senate shall exercise the Office
until Governor elected by tho people
shall be duly qualified. To the lay
mind these provisions are intended to
provide for the succession when Gov
ernor dies or becomes incaparitated
from holding Office, and to prevent one
person from holding the office Of State
Senator and another State Office at the
Same time. Thore is manifest reason
why the same person should not exer.
ciso tho offices of State Senator and
Governor simultaneously. Az Governor
he would be called upon TO approve or
veto measures which he had voted upon
as State Senator. II there is any well
defined principle Of government it is
that which keeps Legislative and execu-
tive functions entirely distinct and
separate To allow the same person to
act in both capacities Governor one
day and Senator the next, would re.
duce our American system of govern
ment to confusion and disorder
1t will be observed that the Ledger
falls into the error so common among
people not conyersant with our politi-
cal conditions, of assuming that tho
Constitution Lof Delaware clothes the
Governor with the veto power. But
it does not The Governor has no con
troll over legislation. So, as far as this
point is concerned, there is nothing
inconsistent in the Speaker Of tho
Senate, while acting as Governor, re-
tanning his scat in the Senate and vot-
ing for or against all measures brought
up for action. He could vote for them,
or against them, as he saw fit. AS
acting Governor he would have moth
ing to do with them after they we're
enacted into laws.
1t will bo well for the Ledger and
other papers to remember that Della
ware has very peculiar Constitution.
IL is relic of the ,lays Of Wing rule
and the domination Of John NJ. CLAY
ton, whose handiwork it was. The
present generation is not responsible
for it, but has to abide by it. Under
its provisions Charles Polk, president
of the convention by which it was
adopted, became acting Governor
while Speaker OF the Senate, and after
the Inauguration of the Governor subse-
quently elected by the people completed
his term in tho Senate. And this, too.
at time so soon after the adoption OF
the Constitution, as TO leave no doubt
of its intention. And that intention.
most conclusively, was that the Speaker
Of the Senate surrenders none Of his
Senatorial rights and privileges, in
Guiding the right to vote for United
States Senator, while temporarily act,
ing as Governor during vacancy ii
the latter office.
\ study of the Delaware Constitu-
tion, instead Of tho fundamental law of
other States, may prevent tho Ledger
aad other papers from making such
mistakes as that quoted above.