Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-19
CLOSE OF TURPIE'S SPEECH
The Indiana Senator on the du
Pont Case.
SENATOR MITCHELL INTERRUPTS
Mr.. Watson's Right to Vote for
Senator.
II 10 Clear and undoubted, Under the Com
stitution of Delaware, and United States
Senate Cannot Go Beyond Thar Instru-
meut-Thc Case Thoroughly Reviewed.

senate Cannot Go beyond That Instru-
meut-Tho Case Thoroughly Reviewed.
From Our Washington Correspondent.
Washington, March Il. - Senator
Turpie concluded his argument against
the seating OF Col. du Pont yesterday
afternoon. Tho argument was clear and
logical and proved conclusively that
Col. du Pont is not entitled TO seat
in the Senate. lie proved by law, his
tory and precedent that the Senate
| could not inquire into the rights Of Mr..
| Watson to vote. Mr.. Pritchard Of
North Carolina will to-day speak in
favor of tho resolution to seat Col.
du Pont.
When Mr.. Turpe began his remarks
yesterday Representative Willis was
present, but did not remain more than
half an hour. The interest in the case
was heightened by heated discus
sion which occurred between Senator
Mitchell and Senator Turpie. Mr..
Mitchell had interrupted the speaker
on several occasions, and Mr.. Turpie
said that he would draw a comparison
between the conduct of the Senator
from Oregon and his own. lie had
listened to Mr.. Mitchell for eight hours
without interrupting. Mr.. Mitchell
apparently became angry and said he
would not interrupt any further. Mr..
Turpie said he had not finished his
comparison, There was an exchange
of words which ended by Mr.. Mitchell
saying he would "denounce the Senator
as dealing in unparliamentary Lam
guage. +" Mr. Turpie said he hoped
the Senator would not interrupt fur
ther and proceeded with his argument
Mr.. Turpie rejected the hypothesis
advanced by Mr. Mitchell that tho
Legislature of Delaware might consist
OF 90 members. He said the expression
may at some time" was 30 vague and
indefinite that he was inclined TO
admit that sometime in the future the
Delaware Legislature may" consist
of only eight Senators and q Repre-.
sentatives; but such condition would
never exist until the Constitution of
the State is changed. Most Of the
States, he said, had the number Of
representatives and election districts
fixed by acts Of the Legislature, and
SO the representation could be changed
by the Legislature, but with Delaware
it was different. The Constitution OF
the State prescribes the number OF
Representatives the three counties are
entitled to send TO the Legislature.
This is nine Senators and q Represen-
tativea, and rs long as the provisions
remain in forGe, 80 members would
constitute the joint assembly-no more,
nor no less Members may be absent,
but they would remain members Of the
body until their office was vacated by
death, resignation, or au order Of OK
pulsion or custer, all OF which must
appear on the record.
He examined tho law OF the United
States Senate on tho question Of judg
ing of the qualifications of member of
Il State Legislature. He said the law
was well settled on the question. He
asserted that there was no feature of
the present case which had not been
heretofore adiudged by the Senate.
1--WE have no authority to originate,
hear, or determine any objections to
the qualifications of those who acted
and voted as members of the Senate of
the State, or to revise or review their
action or non action in tho premises.
The Senate of the United States has
never adjudged Of the right of MON
Der of the State Legislature TO take
part in the proceedings of the body to
which he claims to be n member. "
lilo earnestly asserted that the Senate
had always declined to take jurisdic-
tion or to adiudicate the title Of any
individual member Of the State Legis-
lature who acted and voted as such in
the joint convention. As an authority
he read from the opinion of the maiority
Of the committee OF privileges and cleo.
tons in the case of Sykes ys. Spencer,
decided in 1873, as follows:
In the opinion of your committee il
| in fT,rt lNa IN TO -,
qlire as to the right OF individual
members to sit in Legislature which
is conceded to have quorum in both
houses of legally elected members, But,
undoubtedly, the Senate must alwaye
! inquire whether tho body which pre-.
tended to elect tho Senator was the
, Legislature Of the State or not. because
, a Senator can only be elected by the
J Legislature of State"
! The Senate affirmed the findings oil
the committee. The report was made ..
years ago, and ND TO that time, and up tC
tho present date, there has never in tht
whole history been case or pre-
cedent upon which the present claimant
, could justify the contention that tht
Senate should Judge of the right o
! Mr.. Watson to exercise his senatorial
4 rights.
! Mr.. Gray made suggestion to thu
:, effect that IL the judgment of tht
i Senate of Delaware was not binding
: and conclusive, then the Judgment o
the United States as to the qualifica
tions of Col. du Pont would not be final
4 Mr.. Turpie readily accepted tho sug
: gestion OF Senator Gray. ..
a Mr.. Mitchell asked for permission Il
, ask question, and occupied the foo
2 for several minutes in presenting
! case which could never possibly exist
r In brief, he said that if tho Constitu
tion of the State provided that mini
members should comprise the Senate
and tho State Legislature construed it t.
A mean 10 members, would the construc
!, tion by the State Senate be binding
upon the United States Senate? Mr.
q Mitchell did not stop after presenting
y his question, but proceeded to argu'
\ tho case. Mr.. Turpie objected and ap
. peaed to the Vice President. Mr.
- Mitchell, after finishing his sentenc,
took his scat, aud when rebuked b!
Mr. Turpie, said he probably did talk
too much time and "begged the Sena
4, tors pardon" Mr.. Turpie caused |
~ laugh by replying that he did not know
= whether he could grant a pardon, bu
! will recommend executive clemeney
i He said the case presented by Mr.
= Mitchell could never come to tn
: Senate. 1t was covered in the decision
of Justice Brewer, cited in the earl,
part of his argument. Mr.. Mitchell