Middletown transcript., 1896-02-22
WITH THE SENATOR'S.

WITH THE SENATORS.
In the claim Of Col. Henry A. du
Pont for seat IN the United States
Senate as representative from Della
ware, the reports of the Committee
for and against his admission, have
been submitted with the affidayits, tht
pr ,cedents. the daily proceedings from
the legislative journals, etc. and ths
case is now in the hands of the Sena
tors. It is matter Of regret that the
committee divided in their opinions on
party lines, and the only explanation
that is worthy and reasonable is that
the case admits of doubt and each man
has given his party the benefit OF that
doubt. There ere now In tile Senate A
Republicans, 80 Democrats, and 6 Pop
ulists, SO in all. In full vote it viii
take all the Republicans and one ad
ditional to seat Col. dupont. If Col
dupont is seated the Republicans will
have one-half the membership of the
Senate. 45, and the Democrats and
Populists together 45 with Vice Presi.
dent Stevenson to give the casting
vote. The case of Col. DUPONT may
now be called up at any time and it is
believed that he will he seated, receiv-
ing Populist votes and possibly or one
more Democratic votes.
To our mind We cannot, understand
how it can be otherwise than that Col.
dupont shall be seated. There is no
precedent of State Senator ever hav-
ing undertaken to gil the office of Gov
ernor and State Senator at the same
time, and the reasonings and conclu.
sions Of the majority report are SO con-
v'ncing, while the minority report
must be acknowledged by all to be very
weak.
The majority and the minority re-
ports of the Committee on Privileges
and Elections in the case of Col. du
Pont are printed in the Congressional
Record" of Tuesday and cover thirty
four pages. 1t would be impossible to
reproduce in the TRANSCRIPT that re-
port, but we can give the ''conclu-
sions" as drawn by the committee and
upon those We belieye every in
telligent Delawarean can make up his
mind as to the business and fairness of
Col. duPont's election. The majority
report says:
CONCLUSIONS OF LAW AND FACT.
1. cit is well-settled rule of the
common law that the same person shall
not exercise simultaneously two in
compatible offices; and further, the ac-
ceptance of one is ipso factO resigna-
tion of the other.
70. Under the American system ex-
ecutive and legislative offices are in
compatible, and the same person can
not exercise both simultaneously in the
absencesef either expires, or clearly i'm
piled statutory or constitutional auth
ority, aud the acceptance of the second
is ipso facto a resignation of the first.
"3. There is no express or implied
authority in the Constitution of the
State of Delaware for the simultaneous
exercise by the same person of the Of
fees of Governor and Senator; on the
contrary, such Constitution expressly
interdicts such exercise of those two
offices.
~. Whether or not the offices of
State Senator and Speaker of the Sem
ate became absolutely vacant when
Speaker Watson took the oath of office,
was inaugurated Governor Of the State,
and entered upon the exercise of that
office, there can be no doubt of fair
construction of the several c0nstitu-
tional provisions of the State of Della
ware, that his right to exercise the Of
flee of Senator or Speaker of the Sem
ate. or any of the functions connected
Herewith while he continued to hold
aDd exercise the Office of Governor,
was absolutely suspended.
SO. The theory that Mr.. Watson
can exercise the office of Governor of
the State and State Senator simulta-
neously involves innumerable constitu-
ti0nal repugnancies, psrplexing diff
culties and endless absurdities; while
the opposite theory reconciles and har-
monies all the provisions of the Della
ware Constitution relating to the SUBJ
ject under consideration.
sc. That Governor Watson's exer-
else of the Office of Senator in the
Joint Assembly on the 9th day of May,
1895, and of the office of the president
of such Joint Assembly was illegal and
his vote therein for United States SEN
ator nullity.
In determining the above PROPOSE
tions, your committee reach the fur
ther following conclusions:
". In determining the question as
10 whether the Delaware senate on
May 9, 1895, acted upon or judged,
either actually or constructively, the
qualifications of Governor Watson to
seat in the senate, the journal entries
Of the proceedings of the Delaware
oOholC Va OudO ootC diO COuCluolfO dS tO
the number and names Of senators pres
ent, the motions submitted, the votes
cast. and of all the proceedings had,
and cannot be contradicted by ex palte
affidavits.
'S. The right which undoubtedly
belongs exclusively to the Delaware
senate to judge of the elections, re-
turns, and qualifications of members
does not vest in such senate any such
exclusive right as would conclude the
Senate of the United States to deter
mine by construction whether the con-
stitution Of the State of Delaware does
or does not recognize certain sat in
the senate as subject to occupation;
nor does it include the power to admit
members to seats not recognized by the
constitution of the State as subject to
occupation, or if subject to occupation,
to fill them in manner or by a person
which the State constitution forbids.
80. Your committee, applying these
rules, find as a matt ter of fact the Della
ware Stale spna q naypr indeed af tho