The daily morning journal and courier., 1895-05-11
TRE DELAWARE sEN4r0RsHIp.
A Unique Contestis Promised in the United
 States Senate,

States Senate.
 Washington, May 10.-The condition in which the Delaware senatorship was
 left yesterday by the adjournment of the legislature of that state, the speaker
 f the house declaring Henry A. Dupont,
 rep, elected. while the governor of the
 state and the democratic members of
 the legislature assert that there has
 been no election, causes great interest
 here. It is believed that the ease will present unique aspects 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 on privi- leges and elections, of which Senator Gray, dem, of Delaware, is now chair man. In case of a purely partisan con test the control of this committee might be of no little importance to the demo- crats. Senator Morgan of Alabama in NAANttoot4l5 IiiC duNoNlpIi SdlAs
 "The action of the governor in the premises will be of importance in deter mining the course of the senate when the question of seating MT. Dupont shall come up for considerations The law re- quires certificate of election from the the governor and while I do not feel that I know sufficient of the facts in this case to express positive opinion, should say that the presumption would be against a man who should apply to be seated without presenting such evil dence 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 gov ernor, and that was in the case of Sen ator Conkling, whose certificate failed to arrive on one occasion in time for the organization of the senate. In that case. however, MT. Conklings election was and there was a telegram saying that the certificate was on the way to Washington.
 "The only way in which the Delaware democrats can legitimately secure hearing in the senate is for Governor Watson to appoint a senator on the the ory that the legislature had adjourned without electing, and this presume he will do, In that event, in all probabili- ty, there would be a close contest. | have differed from many of my demo- | cratic colleagues in holding that under such circumstances the governor of a | state had right to appoint, and that | when he did appoint 1t was the duty of | the sehate to seat the appointee. This | was the question involved at the begin hing of the Fffty-third congress in the ,ase of appointments from Washington. Montana and Wyoming, and I then took | position in favor of seating these men. The verdict of the senate, however. was lgains. them"
 Senator Morgan said he did not be- ieve it would be competent for the Unit ed States senate to question the right If Governor Watson to act in his capac- ty of a state senator in the election, while performing the gubernatorial but indicated his belief that | Mr. Watson could legitimateIy fill the wo positions. "TIe became governor" aid the senator. "by virtue of his being he presiding officer of the, senate, and f he should resign his position IS a sem gtor I think he would thereby surrender lis right to act as governor As I re- ,ard it he is de jure senator while he nay be said to be only de facto gover- lor. Of course" he added, ''these are II delicate questions, and susceptible O much disputation and it is imposs- le to say what conclusion the senate nay reach regarding them"