Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-19

tions as to the qualifications OF it's
members. The entire world was ex-
cluded. He said the Senate of the
United States was u very great body,
but was part Of the world, and, 80.
what excluded call Of the world must
exclude u.s..
He called attention to the credentials
OF Mr. Watson as memebr Of the Della
ware Senate, and sent to the clerks
desk a certified copy of tho credentials.
He also read from the journal showing
that Mr.. Watson's credentials had
been passed upon and that he had been
sworn in, and was duly qualified
member and would remain us such
until he was removed by death, re.
signation or by an order of expulsion
by the body Of which he lie member,
and that such an order must appear In
the record. The journal, he said,
shows that Mr. Watson was then, Is
now and will DO a Senator of the State
OF Delaware, and this we must accept
place that he is disqualified. No such
record of death, resignation or custer
appears. s..s.ss
Mr. Hoar asked il the journal did not
show that Speaker pro tempore had
been elected because OF Mr. Watsou's
assumption OF the gubernatorial Office
he said he asked for information.
Mr.. Turpie answered that the record
showed that Speaker pro tempore had
been elected, but not becauPe Mr.. Wat
son was governor. The Speaker pro
tenpore was elected because of the
Constitutional provision to provide for
presiding officer IN the case of the alb
sence Of the Speaker.
MIR. PRITcHARD's SPEECH.
Washington, March ID. AT the con
clusion of Senator Shernans' speech
on the Cuban conference report, yester.
day afternoon, Mr. Pritchard, r., of
North Carolina, was recognized and
spoke in favor Of the seating Of Col.
du Pont
The Senator's speech was to great
extent a repetition Of the former argu
ments advances by tho claimant, and
no startling po'rits were made. Ii was
reported last week, although the report
was subsequently denied, that Mr..
Pritchard had signed the report OF the
majority with great reluctance. The
arguments he advanced yesterday to
show that Col. du Point was entitled to
a seat would indicate that the first re-
| port was correct.
1t was stated last week that during
the debate the Populist members would
ask some pertinent questions. Mr..
PETER made good the prediction 'yester.
day. lie presented a question to MIR.
Pritchard, which brought out an a6
mission, completely agreeing with the
position OF the minority Mr.. Pritch-
ard showed that he was not as familiar
with the case and as ready with an
answer as Mr.. Mitchell.
In opening his remarks he said no
realized the difficult task he had before
him in replying to tho very able and
exhaustive report OF Senator Turpie.
The members Of the Senate occupy the
position of sworn jurors, whose duty il
Ia to determine the case on its merits
In order to do this it was necessary for
them to acquaint themselves with all
of the facts and apply the law accord
ing to the Constitution OF Delaware.
He then entered into a history Of the
case. He said he believed that Mr.
du Pont received the necessary major
ity Of legal votes cast and was entitled
to scat. He quoted the sectona OF
the Constitution which prohibited
member of Congress from being Gov
ernor and a State officer from being
Senator and then entered into rather
lengthy discussion Of the common law
doctrine of the incompatihiity of
legislative and executive Offices.
He contended that Mr.. Watson upon
taking the oath of Governor completely
abdicated his Senatorial Office. He
said he differed from Mr.. Turpie's as
sertion that the record did not desg-
nate Mr.. Watson as Governor The
journal showed messages were trans
| n,tftoI 20 thn TaRiatatupa hN Mr. Mat
son ne Governor. He said ii was clear
to his mind that IL the contention that
Mr. Watson remained Senator was
correct then the people Of the county
he in part represented had been de-
prived of their rights under the Consti
tuition. He said it was unreasonable
that when the Senator assumed the
Office of Governor the constituents
should be deprived Of their proper rep.
resentation. As matter of right they
should have had right TO elect Sena-
tor Mr. Watson could not properly
represent his county while acting as
Governor and SO the peoples interests
were neglected.
He argued that the acceptance Of the
Office Of Governor vacated the Office Of
Senator, that the first office became
vacant by the fact OF the acceptance of
the second. At this point Mr. PETER
asked question which brought an
answer directly contradicting the argu-
ment he had just advanced. Mr.. FeiTor' 8
query was whether the office Of Speaker
would become vacant in the case that
the Governor was unable TO perform
his gubernatorial duties by reason of
disability, and tho Speaker had been
called upon to assume tho Office until
the Governor recovered, us provided in
section IA, article g. Mr.. Pritchard re-
piled that there would he no vacancy in
that instance. He said it was an on
tirely different case from the one under
consideration.
He asserted that the United States
Senate was authorized to pass upon
the qualifications OF a member Of the
State Legislature in certain cases. He
said it was familiar law to all that the
party rendering judgment in case
must have proper jurisdiction. The
Legislature had an undeniable right
TO judge of the qualifications of its
members, and their decision would be
binding so long rs no principal OF law
was violated. The rest OF his argu-
ment was devoted to the consideration
Of this point, but it was nothing more
than had been repeated by Mr.. Mitchell
: in his report and oral argument.
Money Reported to Have Been Paid.
BY the action of the Chancellor on
Friday, tho assignees of Head IL Co. j.,
and the members of the firm are re-
strained from transferring the decd of