Evening journal., 1896-02-22
A DEMOCRATIC ANSWER
Another Volume Added to the
Dupont Memorial.
MEETING THB DUPONT REPLY"

Ex-shanoeiior woIootf,. Prof John b.
HsOre and w. #. Kurtz Have Sent
What is Probably Their Last Pamph-
lot 70 the United states Senators.
Choice Republican Extract Commented
Upon.
There appears to be no end to areu.
ment, answer and reply In the Dupont
contest now going oh In the United
I states Senate. Ia answer to the last
pamphlet Issued by Colonel DnPont's
counsel, ex-Chancelor Wolcott. Profes
sor Moore and William r. Kurtz. counsel
Ia opposition TO the claim OF the colonel.
have forwarded to Washington a printed
argument covering seventeen pages. and
copies OF 1t will be- distributed amour
The senators. Following are extracts
from Il:
We havo read the Reply OF counsel
f Tor Mr. DUPONT aud we can state In a
very brief compass all that we care TO
say In answer to It. It Is labored at
tempt to escape from the admissions and
the errors which we pointed out ia their
original argument
Counsel for Mr.. Dupont endeavor IN
their reply, as they did Ia their original
argument, to establish the proposition
that the Senate Of the United States. aud
not the Senate OF Delaware, ls the Judge
OF the qualifications Of the latters mem
oers' Iney admit that the Judgment Of
legislative body as TO the Qualifications
Of It's members may be eitner actual or
constructive, aud they tacltly aban
don the position that the Senate
Of Delaware is the Judge OF the ouallf
cations, but not Of the dlsqualiGcations.
Of It's members; but they are unable to
rid themselves Of the impression that Mr..
Wetsons case ought TO be determined
without regard to the well settled
principles OF law.
Counsel endeavor to avoid the force
Of the argument by supposing that a
legislative body should admit mere
ihtruder''or interloper Bat, In order
TO make out their argument they are
compelled to assume that the constltu-
ton Of Delaware prohibited Governor
Watson from exercising the Office OF
senator
There Is no such rule known to the
common law as the rule that no person
shall exercise two incompatible offices at
the same time. The rule OF the common
law is that no person shall hold two
incompatible ofiices BL., "a It has
always been held IN Delaware that the
speaker Of the senate does not when
called to exercise the Office OF
& governor, vaoate his senatorial Office,
aud consequently that the offices ara not
Incompatible, counsel have been obliged
to maintain the imaginary rule that the
eommen law does not forbid person to
hold two Incompatible offices. but only
A forbids him to exercise them at the
Il ar ma ffrna w. Ifr..~.s4.s "a.
any such rule by their own authorities.
THE incompatibllity Of offices does
not. In the absence OF an express con
stitutional provision, grow out Of the fact
that they are Ia different departments Of
the government but out OF the in
compatibility OF their functions in the
particular case. Executive snd legis-
lative functions are not In them
selves incompatible. They have frequently
been united Ia the same person;
3. Ia Rhode Island, the; governor is
the regular presiding officer OF the sen
ate aud OF the Rrand committees, with
deciding vote; Ia New York, from 1777
till 1916, the lieutenant governor,
member OF the executive department. OF
government, exercised official functions
In both the other departments
A member Of the Legislature, in
voting for q United States senator, does
not exercise a legislative function. He
acts as an elector, precisely as, In the
trial Of an impeachment, a member of
the Senate sits as judge, and performs
judicial, not a legislative function.
THE constitution Of Delaware not
only does not forbid but it expressly
authorizes, tho speager Of the Senate
while holding that Office, to exerciseithe
offics Of governor This proposition Is
established: CD BY the language OF
the constitution; (2 by the uni-
form construc ion OF the constitution;
90 by the construction Of similar clauses
Ia the constitution Of Pennsylvania,
from which the provisions in the Della
aware constitution were derived (4) by
the principal that the constitutional
incumbent Of an Office Is not to be dis
qualified by Implication from discharRing
It's functions
"The MI tn and most striking title OF
the new argument Of counsel we have
left for the last This title Is a protest
against our opinion that their case Is
desperate They resent that opinion IN
the following highly wrought, possibly
classical but very uncertain, allusion,
which we beg to quote;
In one OF Pindar's mellihuous
Olympics, or in one OF his Pythics. or ia
one of Derby's Phenixisna, or somewhere
else, Is told the story OF the eminent
pugilist, who boRstinglv fellcitated him
self upon the desperate straits to which
be had reduced his antagonist, by falling
down on his back, beneath his adversary
and rhrus.ing his own nose, between his
ad gersary's teeth. thus holding fast the
helpless victim Of his resistless pugillstlc
prowess'
Counsel are too modest, or perhaps
200 much confused, to say who the
adversary Is; but Of this ommission we
are not disposed to take advantage. Dis
claiming all pugllstic aspirations and
peculiar gladiatorisl Rppetites, but con
tent to have established our case by
argument, We willingly leave counsel
and the imaginary victim of their
physical proWess in the posture which
they have so gracefully portrayed
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