Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-02-27

From our washington correspondent
Washington, Feb. 20. The Con
gressional Record Of the 18th inst.
may appropriately be called the
du Pont edition. Sixty-seven columns
in that issue are devoted to the reports
and affidavits filed in the case. The
entire case is reviewed at length. The
majority reports includes copy Of the
journal entries of the proceedings Of
the Delaware Senate on May 9th, and
in confederation of and support of tho
journal entries, the aifidavits Of State
Senators John NJ. G. Moore, George f..
Pierce, and Samuel Alrichs; House
Clerk Edgar 7. Hastings. and John S.
Prettyman, Jr., Frank Reedy, George
L. Townsend, William Michael Byrne.
also second affidavit from Senator
Alrichs. In opposition of the journal
entries, and contradictory thereof and
of the above affiuavits, are the afiidavits
of State Senators Robert j. Handy,
William I. Records and William T.
Watson, Senate Clerk Charles A.
Hastings, Chaplain Cyrus Cort, ex-
Congressman John B. Pennington, and
Edward d. Hearne Then follows the
report of the minority,
Senator Turpie, who presented the
view6'of the Democratic members of
the committee, lays great stress on the
fact that it is not competent for the
Senate of the United States to Judge
of the qualifications of member of a
State Legislature. That the Legisla-
ture of the State of Delaware is com
posed of 30 membeIs-nine Senators
and 81 Representatives, and as MIR.
du Pont received but 10 votes not
maiority-he was not elected.
The following is a summary of the
minority report:
The record shows that Hon. Mr..
Watson, the Speaker of the Senate. APP
peared, qualified, and took his seat in
the Senate on the first day of the
session, without protest or objection.
and continued to act as Senator and
as Speaker of the Senate, whenever he
was present, up to the time Of the
final adjournment.
The action of the Senate in allowing
him to be qualified and seated as a
Senator from the county of Kent was
in effect an adjudication of the most
public and solemn character that he
was a Senator, a member of the Senate,
and entitled to act as such. Such adj
judication remains unchanged. There
are only three WAYS in which he could
iphu VI 10 iuDllNdNl vi HIS TlSlb W Nult
or act as Senator, and. by cunse-
quence of his right to vote and act as
member of the Joint convention,
One of these is the act of God-death !;
the second by his own act-resigna-
ton; the third is by the action of tho
Senate adiudging the vacation of his
scat, either by custer or expulsion,
for such causes as the Senate of the
State of Delaware might adiudge sufli-
Gent to disqualify him as a Senator.
There has been neither death, resigna-
tion, nor adverse adjudication in his
case, and he remains in all respects a
Senator, as fully qualified and as law
fully entitled to act as such as upon
the day when he first appeared and
was sworn as a Senator.
1t is claimed that when the exercise
of the Office of Governor devolyed upon
him as Speaker of the Senate, that,
ipso facto, he lost the office and rights
of such Senator that these dual func-
tions are incompatible.
We think it clear, from the language
of the Constitution of the State OF
Delaware, that these dual functions
are expressly made compatible and
competent by the terms of that instru-
ment We do not think incompati-
bility, in legal terms or effect, such as
to Dust man from one office and to
confer upon him another, Is to be de.
rived from general considerations rest
ing in nubibus; but that such incom.
patibility must be plainly inferred
from the text of The Constitution on
statutes OF the State or government Il
be affected thereby.
The Constitution Of the State %
rn 10 at., N,rt r. L IL.
character, enacted by the people them
selves
1t was entirely competent for thu
makers of that instrument. and for The
people iii its adoption, "a lbrogate any
common law incoEpatlhlity, if such
existed, and to make it competent thai
the Speaker Of tho Senate should, not
withstanding any natural or common
law lncompatibility, take upon him
self for tho time the exercise of the
Office Of Governor, " still retaining hi.
office Of Senator and Speaker Ia any
conceivable case the common law mus
yield to the statute much more mus
it give way TO Constitutional enact
ment.
Tho Constitution of Delaware doet
not provide that the Speaker of The
Senate, on the death Of the Governor
shall either he or become Governor
but only that such Speaker "ehal
exercise the Office of Governor. - Il
does not provide that he shall in sugE
an event cease to he Speaker, or ceasl
to be Senator, or that vacancy exist
in either position; and we do not thini
that we can amend the Consultation O
a State by the process of an arguu.en
in contested seat here.
Not only is no vacancy created il
such instance by the devoution +
- the exercise of the office Of Governor,
unon the Speaker of the Senate. hu
the Constitution Of the State expressl
provides that each house, who's
Speaker shall exercise the Office q
Governor shall choose Speaker pr
tempore" that is, Temporal
Speaker to preside in the room Of tn
permanent Speaker when he may Ii
absent, thus plainly Implying tina
there ls no vacancy in the Office 4
Speaker, and that there is no vacanc
III the office of Senator or Representa-
tive AS no one could tie Speaker OK
cent a member Of one Of the houses b
TINS devolutinn Of the exercise of til
office of Governor.
The Senate of the STATE of Delawar
is made by law the judge Of the eler
tons returns, and qualifications ui il
own members In the casr presrnte
ny Mr.. du Pont against the legality I
the vote of Mr.. Speaker Watson as
member of the iniut convention. n
question IL made as to the election an
return of Mr.. Watson az senator
i ne whole case rests upon the questo