Evening journal., 1895-12-07
COL. DUPONT 'SLAWYERS
Have Issued Their Argument
In Pamphlet Form.
EIGHT PROPOSITIONS ADVANCED
A Washington Lawyer Associated with
Edward q Bradford and Ex-senator
Anthony Hlggins-They Admit That It
Il Question of Law.

is a Question of Law.
Edward G. Bradford aud Anthony
Higgins, OF this city, and Halbert +
Paine, Of Washington. ID. @. have pre-.
pared an argument In support OF Colonel
Heury A DuPont's title TO the
Office Of United States Senator
printed In Was. .ington aud covers
ninty nine pages. Several copies
are already In circulation Ia this city.
The whole contention Of this carefully
prepared document is that Governor
Watson had no constitutional right to
exercise both executive and Legislative
powers, and that consequently, Colonel
Dupont had ms sjority Of votes ON tbs
last day Of that memorable session OF the
Delaware General Assembly.
Colonel DuPont's lawyers will attempt
10 maintain the following propositions:
81 IL Is rule OF the common law
that no person shall exercise two incom
patible offices at the same time.
- Under the American system.
executive and legislative oiiices ara
incompatible, and no person can ex
ercise both simultaneously. without
express or implied lstAtutory or consti-
tutlonAl authority
3 There Is no express or implied
authority, In the Delaware constitution,
for the simultaneous exercise, by the
same pereon. OF the offices Of governor
aud senator; on tbs contrary, the con-
stitution expressly interd.cts fuch
exercise of those two offices
And, therefore, at the tlme
when Mr.. Dupont received fifteen votes,
In the ,int assembly. Mr. Watson WAS
incapable OF exercising the Office OF
senator, u he was, at that time, the
governor of Delaware.
A Mr. Watson was, at that time
governor Of Delaware. and WAS, therefore,
incapable OF exarclsing the Office OF
senator, or the oiise OF speaker Of tbs
Senate
"5. The theory that while Mr.. Watson
exercises the Office Of governor he Il
capable Of exercising the office OF senator
and speaker OF the Senate involves greai
difficulties and endless absurdities Tue
opposite theory reconciles al the
provisions OF the Delaware constitution
relating to the subject under consider
alton.
"6 Governor Watson's exercise Of thl
Office Of senator. in the joint assembly
aud Of the Office OF president Of tha'
assembly. was Illegal; and his vote .foi
/ United States senator WAS nullity.
~. II IL had not been true that Mr.
Watson was, on the oh day OF May
1895, ia every sense OF the 81 te consti
tuition, the governor OF Delaware, 4
would NEVERTHELESS have been true tha
be was exercising the cihea Of governor
and was. theiore. incapable Of exercinl
the office of senator, or the Office o
speaker OF the senate; and that hil
disability could not be removed. for hii
senatorial term will end before I
governor. elected by the people. eau b'
qualified
- Mr.. Dupont. having received /
msiority OF the legal votes cast In the
Joint assembly, his right to the Office ol
senator is not impaired by the fact thai
be falls to present the certificate Of Gov
ernor Watson As evidence Of his cleo
ton
In conclusion they say: 1.-THE fact thai
Mr. DUPONT received fifteen votes, In tb'
ioint convention. is not only established
by abundant proof but is q fact OF public
notoriety, and Is also an unquestioned
fact. The only question In the case Is
whether Governor Watson had q right q
vote for senator, In the Joint convention.
That Is largely question Of law As q
the elements OF fact. which It involves
there Il no dispute or doubt, or room
/ for dispute or doubt