Delaware gazette and state journal., 1895-12-19
THE DU POINT CASE.
it is Not Iikaly the Republican senators
Have Jumped to a Conclusion without
waiting for the Argument.
PhiladoinAla Rocord


IL is Not Iikeiy the Republican senators
Have Jumped to a Conclusion without
waiting for the Argument.
Philadelphia Record.
~ is stated, on no very reliable
| authority 1T is true, that there is no
difference among the Republican Sena.
tors as to the right Of Mr.. du Pont, the
delaware contestant, to admission to
seat: IN the Senate. We do not be-
iieve for one moment that the Repub-
iican Senators have thus committed
themselves in advance of argument on
this important question. It NAV be
decided, indeed, that the President of
the Delaware Senate had forfeited his
right, orthe right of his constituents,
70 vote for United States Senator
because he had temporarily been charg.
ed by the Constitution of his State
with the duties of the executive: hut
1t Will be hard to convince the country
OF the reason or equity of such de-
cision. II is not probable that the
whole body of Republican Senators
have jumped to an irrovocable conclu.
ion on such a subject without awuit-
ing the argument. They could not be
guilty OF such a degree OF partisan in
deconcy.
On precedent there can be- no doubt
OF the right of the presiding officer Of
the Delaware Senate to retain his
seat while temporarily performing the
functions of the executive Of his State.
Ihere h,ave been vacancies in the Office
OF goveNlor of Delaware before; but
there is no example of the resignation
Of the president Of the Senate to fill
the office. He performed such executive
duties az devolved upon him, and then
went back to his seat in the Senate.
The Senate of Delaware, like the
state, is very small body, consisting
OF only nine members. Had the Con-
stitution of the State contemplated the
evacuation of ono OF these Senatorial
seats upon a. vacancy arising in the
oihce OF governor some provision
would have been made for filing the
seat in order that ne.ninth of tho peo-
pie OF Delaware might not be without
representation in one branch of the
Legislature. In case of the permanent
w.lthdrawal OF tho presiding officer of
the Senate in 1895 that body would
have been equally divided between the
Democrats and the Republicans, and
a legislative deadlock would have en-.
sued. IL was necessary, therefore, that
the Senator who was temporarily per.
forming the functions of the governor
should remain member of the body
to which he had been elected
The fact that the Delaware Constitu.
tion makes no provision for vacancy
IN the Senate on the temporary as.
sumption of executive duties by it's
presiding officer is conclusive that the
trainers of tho Constitution did NOT
contemplate Senate vacancy. Their
opinion as to the compatibility Of
brief and casual exercise of the func-
tlons OF the executive with the reten-
tion of seat in the State Senate dur
ing the term is entitled to more weight
than Is the opinion of Seantor Sher-
man, or that of Senator Mitchell Of
Oregon, on such subject. Senator
Mitchell may know all about the Con.
stltutlon of Oregon, but he does not
know, with all his smartness, quite as
much about the Constitution Of Della
ware as the men who made il.
Even with Republican majority in |
the United States Senate upon the ad- |
mission of Saint Cannon and his col
league from Utah, there is no such |
cock sureness about this Delaware case |
as some headlong partisans imagine. |
Ehe Republican Senators who have |
been eager to prejudge the question are
not noted for their observance Of par
liamentary decorum nor for their
knowledge of constitutional law. Sena-
tor Hoar and some other Republican
Senators who might be named have
taken neither the public nor the news.
paper reporters into their confidence on
this question. 1t may be assumed that
they will be guided more by their own
sense of right than by the opinion or |
influence of Senator Mitchell of Oregon. |