Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1896-02-12
THE LAST GUN IS FIRED
Democratic Counsel File More
Argument.
UPHOLD THE GOVERNORS ACTION

1fhnihk DhAh nAAN AAo'A 'ho H'A~~
Status OF Those Measures, But They
Cannot Possibly Anect tho Qaaiifioa
tIons OF the Acting Governor.
Hon. James l.. wolcott. Of Dover;
Professor John Basfett Moore, OF New
York, and William r. Kuriz. OF this city.
counsel In opposition to the clsim Of
Colonel Henry A Dupont to the flee OF
United States senator for the State Of
Delaware, have filed additional argument
In Washington They say in pArt
Counsel for Colonel Dupont have
written two replies to our answer to
their original argument. The second Of
their replies we have not had an oppor
tunity 20 read, oansequently.what We now
bsve TO say Is In rsjolnder TO their FIRST
reply 60 our answer. In that they make
n lengthy argument 10 dlsprove those Of
our propositions which they deemed most
dangerous to their contention, but it Ia
only an emphatic reiteiation Of their
former position that C) when . speaker
Of the Delaware Senate exercises the
Office OF governor his senatorial Office Is
absolutely vacated or co II the Delaware
constitution has been construed TO
mean that the office OF senator does
not become vacated when speaker Of
the Senate exercises tho cfiice Of Cover
nor. at least his fuuctlons are suspended.
To this they add denial Of the proposi-
.ion which we advanced. that the
Delaware Senate on May 8, 1895 passed
upon tho qualifications OF Mr. Watson b
right 10 participate In the Senate
proceedings while exercising the Office of
governor. and they contend that the
Senate Of the United States is, therefore,
not prscluded from passing upon his
qualifications now.
In the case before us, the Senste OF
Delaware not only did not tske any ac
tion declaring Mr.. Watson disqualified,
bat whatever action was taken WAS a
constructive affirmation thst he was still
qualified 10 act as senator, even though
acting as governor ht the same time.
ia considering the weight TO be at
tached to the fiIidavits rolative to the
question OF fact whether Mr.. Watson
did or did not preside put motions and
vote on questions 10 the Senate on May 8,
1895, the aflidavits OF Speaker pro tenn
Records and OF Mr Watson must be
conclusive, as they we're the Immediate
actors ia what took place at that tlme
'On this ground alone, Colonel Du-
Points claim TO q seat In the Uaited
States Senate must utterly fail.
"Tha only other arguments Of oppos-
ing counsel which goes TO the merits OF
the case. are their contentious above
mentioned that Mr.. Waisons seat ia
either absolutely vacated or ita functions
suaTended while be exercises the office OF
governor, Even n we had not ditproved
/ these contentious ia cur answer, the
admission Of counsel on psRe SO Of their
hrst argument, that Messrs Rogers
Rodney, Stout snd Polk, after exercising
the otiice OF governor. served out their
respcct i've terms in the Senate would be
conclusive that there wasno vacancy.
There have been ten cases Ia the
history or Delaware who-o speakers OF
the senate or house Of representatives
have exercised the Office Of governor, and
the construction OF the constitution on
the questions st issus has been uniform
and without protest. In no case WAS a
vscsncy declared ia the Office Of senator
although the,- constitution specifically
O. nmands that all vacancies existing in
the senate shall be filed, and we have
shown from the records that the senate
took cognlzince of ell vacancies that
existed and filed them. or these ten
governors, Eve OF them. Messrs Sykes,
Stout, Rodney, Thomas aud Polk
resumed their scots In the senate after
ex rcising the office OF governor and
1lled ont the terms for which thsy were
originally elected. The only reason why
Messrs Rogers, Temple and Salisbury
did not resume their senatorial seats, Is
because their senatorial terms had exp rec
before they ceased TO exercise ths
executive authority Mr. tVatson's cas-,
also comes Ia the latter class, as he viii
continue 10 exercise the Office OF governor
more than two months after his senatorial
term will have expired In Mr. Msuirl
case, death cut short his senatorial tern
while be was acting as governor. Thii
accounts for all Of the precedenis whicl
have happened under our constitution.
In the light OF these facts we agair
assert that the records absolutely nnC
oonclusively prove that no vacano'
exists IN the Delaware Senate when the
speaker OF that body exercises the ofiicl
OF governor. and We challenge and def
counsel for Colonel DUPONT, or any 0nl
else, TO produce any convincing evideno
TO refute that proposition and TO impeacl
the truth Of tho facts which we submit
when we have shown, as a matter o
fact that no vacancy exists In the senate
OF Delaware when q speaker Of that bod
exercises the offics Of governor, Wi
bslieve that we have proved the ute
basslessness OF the contention Of oppos
ing counsel, and that fact alone 1
sufficient reason to decide the ques
tion at issue against Colonel Du
Pont. II there is no vacancy
then Mr.. Watson and sll the othe
speakers who exercised the Office O
governor were still senator's, and as sucl
II is their right, as well as their duty, q
exercise the functions pertaining L
the Office OF senator, whenever they saw
fl to do 80 The only qualification OF
that right would be a constitutions
prohibition, suspendiDg their senator's
functions urdir such circumstances. o
course, In one sense. whenever a senatoi
OF Delaware or a senator OF the United
States, refrains from exercising this
functions belonging to his office, hi
functions become suspended, but 1t is
suspension resulting from his Owl
yolition and not 6 constitutional prohi
bition or suspension Tue question as tS
whether senator shall perform hi
duties, is one addressed solely TO the
conscience OF such senator and can bl
questioned only By his constituents who
I elecfad him and delegated To him AZ