Delaware gazette and state journal., 1896-01-30
From our washington Correspondent.

From our Washington Correspondent
Washington, Jan. 27.-If tho present
programme is carried out the contest
of Col. du Pont for a seat as Senator
from Delaware will be transferred from
the committee room TO the floor of the
Senate the latter part of this or early
next week. Unless the counsel in the
case should make request no oral ar
guments will be heard by the COM
mittee Tho briefs which have been
filed fully cover the many points in
volved in this extraordinary case and
leaves little to be said further in the
premises. All of the Senators have been
furnished copies of the arguments SUBJ
mitted and, so, when the report Of the
committee on privileges and elections
is presented to the Senate, the mem
bers of that august body will be fully
prepared to competenty pass upon the
merits of the claim.
The filing OF the numerous affidavits
has added much to the complicated
feature of the case, and by thus involv-
ing the personal integrity of the mem
'bers of the Delaware Assembly the
Senatorial judges may allow their
partisan prejudices to dominate when
called upon to finally dispose Of the
case.
1t has been intimated and quite
recently, that the question of Mr.. du
Points right to a seat in the Senate
will be decided by a strictly party
vote; and that the Populst members
will vote with the Republicans, thus
insuring the seating of Col. du Pont.
Ex-senator Higgins has been in the
city quite recently and has been doing
considerable missionary work among
the Senators on behalf of his client
He, having the privilege of the Senate
floor, is enabled to spend much of his
time in conversation with the doubtful
members. The Populist Senators have
maintained strict silence and refuse
to discuss any of the features of the
case, further than to say that the ques-
tion will be considered by the Popu-
lists ON it's legal merits and that politi-
cal predictions will not influence
them when called upon to vote.
On strictly party vote the Republi-
cans cannot seat Col. du Pont il the
Populists members vote with the
Democrats. The Senate is. at present,
composed of 81 members: The Repub.
licars have AZ, the Democrats 80, and
the Populists q. Next week the two
Utah Senators will take their seats and
the Republicans will then have A votes.
With the assistance of tho six Popu.
lists the Democrats will have 40 votes
and so Col. du Pout could not be seated
In speech in the Senate on Decem.
Der Both Senator Allen. in explaining
the action of the Populsts in refusing
to vote on the reorganization of the
pnD mi pf ha Al II
publieans, made this verv significant
statement: "We realized then thar we
held the balance of power in this cham
ber. We realize it now and will saw
that we are going to utilize it to the
fullest extent as we GO along" In view
of this declaration from one of the
most prominent of the Populist leaders
it is safe to predict that Col. du Pont
will not be given seat in the Senate
even if his claim is considered from a
political standpoint. This "baIance
OF power" so openly boasted Of by Sen
ators Allen and Butler will not be sacri-
feed for Col. du Pont.
The Populists fully realize the many
advantages they may enjoy while con
trolling the balance of power and they
will hold this power if possible Should
Col. du Pont be seated the Republicans
with the two Utah Senators would
have 40 votes, the same as the combined
strength of the Populists and Demo.
Gratis. The Republicans would then
be enabled TO ignore 70 great extent
the Populists, and with but little effort.
pass any measure they might desire.
In the reply to the argument of the
opposing counsel the attorneys in sup.
port of Col. du Points claim ignore the
reference to tho speech of Senator IIoai
and the letter of Mr.. ID. +. Murphy on
the question Of presidential success
Sion, cited as an authority for their con.
tention that the action of Gov. Watso.
was legal and in conformity with the
established construction of a provision
OF the Constitution of tho United
States similar to section IA, article
OF the Delaware Constitution.
The letter written by Mr. MurphS
was incorporated in speech made bl
Senator Beck on December 14th. lssf.
on the subject Of presidential success
sion. This letter was described By tn,
senator as "a paper prepared with alb
solute lmpartiality and great ability. ;
The following extracts are taken from
Mr.. Murphy's letter
The only constitutional provision or
the subject TO which my attention i,
invited is found in article 2, section
!, clause D. That clause provides fo
the deynlution of the powers and dutiel
OF the President upon the Vice. Presi
dent IN the vent Of the removal from
othce, death, resignation or inability o
inc President and proceeds to declare.
And the Congress may by law prp
Vlue Tor the case of removal, death,
resignation Or inability both Of til,
PRESIDENT and Vice President, declarin.
what otlcer shall then act as Presiden
and such officer shall act accordingly
until the disability be removed M
President shall be elected. - i
II the First Congress an ATTEMPT WA
made in the House Of Representative
~ execute the power thus conferred
,lH the 10th or December, 1880, "Nr
henson from the committee appointet
Tor the purpose presented Bill dcclar
ing the officer, who, in case Of vacan
clea both OF the Offices Of President an,
Vice President Of tho Unitod States
snail act aa President" " and tho bill
cams NJ for discussion on tho 10th O
January, 1871. The committees bil
as reported lrft blank for the nam
ol the officer 10 br designated, !
motion was made 10 ill the blank will
The Secretary Of State. " Suggestion
we're made for filing it wits "Tb
Sscretary Of Tho Treasury, " with '"Th
uhlef Justice, with THE rresiden
Pro tenpore of the Senate, und witt
Speaker OF the House." but aftn
considerable discussion no conclusion
was reached and an adjournment wa
nad with out any result The dplat,
was resumed on the l.itn Of January
when the same contrarletv ,f onini5,