Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-12

suspension. Watson had no right there
The question ia open to two construc.
tions, either ono of which makes my
case. "
"Then its heads win, tails you lose, 3"
suggested Mr.. George, and Mr. Gray
added that Mr.. Mitchcl's position was
like that OF double barreled gun.
Could use the right or left barrel just
so it brings down the game. 10 which
Mr.. Mitchell asscnted, and Mr.. Thurs
ton (Neb. added that both barrels in
this case We're loaded to kill
Mr.. Mitchell next turned his atten-
tion to the evidence which had been
filed by Col. du pont and tho opposi-
ton. As to this question no argued
that the journal entries must be ac-
cepted as correct. 1.-The question in
volved in tho case under confederation
is not whether the Legislative journals
are conclusive against a printed statute
or an enrolled act, but whether they
were conclusive as against ex parte alii-
davits by which such journals are
sought to be contradicted.
He reviewed tho afildavits filed,
which he said was to prove that
Speaker Watson did not take any part
in the proceedings of tho State Senate
on May 9th, as claimed by the minority,
and that, therefore, the Senate had not
passed upon his qualifications as a
member, as commended. An hour of his
| time was devoted to this phase of the
case, and then he brought his argu-
| ment to close by reciting tho dangers
| which would result from the union Of
executive and Legislative functions,
| which, he said, lis absolutism or des-
potism on the one hand, and slavery on
the other.
| SENATOR TURRIE's ABLE ARGUMENT.
Washington, March 10. - Senator
Turpie began his argument against tho
seating OF Col, dupont yesterday after
noon. He will continue his remarks
to-day as soon as the Cuban resolution
| is disposed of. The Senator spoke
earnestly and for an hour and half
held the attention OF all of tho Sena-
tors present.
Mr.. Turpie began his argument by
calling attention to the fact that tho
records Of the proceedings Of the Della
ware Legislature show that the joint
assembly was composed Of 80 members
mine Senators and q Representatives
and that on May 9th, 1893, Col.
Henry A. du pont received ID votes,
and there were 10 scattering votes,
showing that the full membership OF
the Legislature was present; that no
person having received a majority oil
all the votes cast, the Speaker of the
Senate declared that there was no cleo.
ton to the Office of United States
Senator This is the official record
submitted in the case. 1t shows that
there were 30 members present and that
there was no election, and, therefore,
the contention Of tho claimant is az
impeachment OF the official record
He called attention to tho allegations
Of the majority which in substance,
were that William T. Watson voted ant
performed the duties of Senator il
the joint assembly on May 9th; that
sometime before this date the Governor
Of tho State had died, and Mr.. Watson
J the Speaker of the Senate was calet
upon to assume the guhernatorial Office
and that by reason of the assumption
of the office of Governor Mr.. Watson
ceased at that time to be either Speake
of the Senate or Senator. He re
ferred to section IA, article 3, of thu
Delaware Constitution as authority TO
his contention that tho office of Senate
was not vacated, or suspended. If, HI
! said. any person was asked, after read
ing this section of the Constitution
upon whom the Office OF Governor woulC
dovolve in the case of death, resigna
: ton, or vacancy, the answer woult
promptly be "the Speaker of tn
} Senate. II asked how long the oflc
, was to be held, the answer would b
} "until a Governor shall be elected AM
qualified. If a citizen of the Stat
! | MI. l.. Il
} Of Governor Marvil's death who was t
I exercise the Office of Governor, til
reply would have been 1.-THE Speaker q
tho Senate. The wording of tn
! clause demands especial attention, b
, continued. 1t makes it imperativ
! upon the Speaker of the Senate to exer
. else the Office of Governor until Gov
A ernor is elected. The whole scope G
+ tho temporary power given him is i
! the future. He only holds the oilic
Q until the Governor elected by the peopl
4 qualities. Necessarily the officer mus
I ROMAN Speaker. Ii is because he
0 Speaker of the Senate and remain
] Speaker of tho Senate, that he is er
t titled TO exercise the Office of Governor
9 IL he ceases to be Speaker or is sus
s. pended from his senatorial Office, no
j can it be said that no can continue
o exercise the office? He would no long(
o DO tho officer designated to make til
4 temporary supply in the Office of Gov
+ ernor.
The Senator said there was nothin
v in any of tho clauses of the Constiti
a ton which provided that the Speakt
It of the Senate or the Speaker Of II
J. House became Governor" of the Stat,
J. They only assumed the office of Goyern'
10 to fill tho temporary vacancy. I'll
J, Speaker Of tho Senate is distinguishC
ii in the most emphatic manner from Il
1t goyernorship. He then quoted Il
next clause of section II as being
l. strong argument in favor Of the poll
10 no supports, namely, that the Speak
d of the Senate did not become actu
II "Governor. " Tho clause referred
il to tho effect that upon vacancy
:, the Office of Governor, and there DO !
10 other person who can exercise the oiii
l. the Secretary of State shall exorci
y the same until the next meeting of ii
10 General Assembly, who shall INN
IS diately proceed to elect, by joint ball
Of both houses, a person to exercise u
ly office until Governor elected by Il
st people shall be duly qualified.
it lie next turned his attention of so
10 lion IL, article y anu section
/, article 3, which the majority talk
10 much about. He admitted that Il
u, Governor is an officer of the State, b
W insisted that Mr.. Watson never w
ns Governor. "Ie may be at some tim
IN hut was not then, is not now, and nev
at will be, until he is chosen by I
p, people" lie was holding no Office und
so the State. Ho is Senator and ca
ne tinues Senator. The right devoly
-ia nnnn him 10 nxnrcisn the office not