Delaware gazette and state journal., 1896-02-06
More Arguments for Colonel Du Pont.


Counsel for Colonel Henry A. du
Pont must feel that their case is a
desperate one, and that it is necessary
to strain every point TO give him a
shadow Of claim to a seat in the United
States Senate. The issue is ready for
the consideration of the Senate, and
the reports Of the committee to which
it was referred will soon be submitted
to that body. 1t will come up for final
action the last of this week or the first
of next. Nevertheless, the three du
Pont lawyers have filed another argu-
ment with the Senate committee, COM
prising fifty-three printed pages, the
bulk Of which is directed towards en-
deavoring to prove that before entering
the final joint legislative session of
May 9th, to participate in the ballot
ing for United States Senator, Acting
Governor Watson had not exercised or
attempted to exercise any of his func-
tions as Senator from Kent county in
the General Assembly.
With respect to this claim there is a
variance of testimony and conflicting
affidavits. There is little doubt that
Acting Governor Watson did 60 into
the Senate chamber on May 9th and
take his seat as Speaker of the Senate
at least ten minutes prior to the hour
for meeting in joint session, and that
no protest was interposed against his
action. Nor was any protest made
against his course in presiding over
the joint session until he had sat there
for within few minutes of three hours
and participated in twenty seven bal
lots. OF this fact there can be abso-
lutely no dispute.
We fail to see where the contention
OF Colonel du Points counsel that
Acting Governor Watson took no part
in the Senate proceedings until the
opening of the final joint session has
any real bearing upon the point at
issue. The elaborate efforts of counsel
on the one side to prove that he did
not, and of counsel on the other side
to show that he did, might as we'll
have been omitted, as a waste of labor.
The question is as to the right of
Acting Governor Watson to continue
to exercise his duties as State Sena
tor, while exercising the office of
Governor. IL he had such right, il
does not make particle of difference
when he chose to exercise it. He might
have gone into the joint session after
it had been organized-in fact, at any
minute he saw fit. If he had a right
TO assume his senatorial functions AZ
one time, he had right to assume
them at any or all times. The aues.
tion involved is his right to exercise
them at all after the exercise of the
Office Of Governor had devolved upon
him.
1t is needless TO go to any length to
show that The Gazette is thoroughly
convinced that Acting Governor Wat.
son had an undoubted right to exercise
the duties of State Senator and TO
exercise the Office of Governor at the
same time. The Constitution of Della.
ware not only permits, but distinctly
provides for this. All precedent is in
the same line We cannot see shadow
OF doubt upon this contention. 1t is
entirely unnecessary for counsel to 90 10
such extreme efforts to disclaim or dis,
prove the contention that Acting
Governor Watson sat in the Speakers
chair in the Senate before the Joint
session of May 9th was convened, at
noon of that day. Whether he did or
did not does not affect the question.