Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-02-17
DUPoNT-A SENATOR
Majority Report Of the Con mittee on Privi
leges and Elections.
Grounds for the Contention That He
Was Legally Elected by the
Delaware Legislature.

senator Mitchell OF Oregon, chairman of
| the committee on privileges and elections,
| today presented in the Senate the views of
! the majority of that committee favoring
the seating of Mr.. DUPONT as Senator from
Delaware, in pamphlet covering more
| than fifty pages of print.
The report begins with an account of the
proceedings Of the Delaware legislature on
the 9th of last May, when it is claimed that
Mr.. DUPONT was elected. 1t shows that in
joint assembly the legislature of that state
numbers thirty members, sixteen of whom
constitute majority, and that at the time
| of the alleged election William T. Watson,
who had been elected member OF the
state senate and also speaker of the senate,
was acting governor of the state, leav-
ing, if he was not entitled to sit as sena-
tor, Twenty-Five legislators to constitute
the joint assembly and making fifteen a
| majority. 1t is also shown that MIR. Du-
Pont received fifteen votes.
The committee concludes that:
1.-The whole question of the right of Mr..
DUPONT to a seat in the Senate as claimed,
turns upon the single question: Had Mr..
Watson. then holding and exercising the
office of governor Of the state of Delaware,
a right under the constitution of that state
and the laws of the land to exercise The
office of state senator, and as such to sit
| in the joint assembly on May ., 1885, 10 be
! counted therein in making up the number
| constituting such joint assembly, and TO
=
The committee say that Mr.. Watson did
| not have this right, and lay down the fol-
lowing propositions as the basis for their
conclusion:
Il. 1t is a well-settled rule of the common
law that the same person shall not exercise
simultaneously two Incompatible offices;
and further, the acceptance of one is lpso
facto a resgnat alton of the other.
''2. Under the American system executive
and legislative offices are Incompatible and
the same person cannot exercise both 81
simultaneously In the absence of either eX-
press or clearly implied statutory con-
stitutional authority, and the acceptance of
the second is ipso facto a resignation of
the first.
''3. There is no express or implied author
ity in the constitution of the state of Della
ware for the simultaneous exercise by the
same person of the offices of governor and
senator. on the contrary, such constitution
expressly interdictS such exercise of those
TWO Offices.
II. Whether or not the Offices of state
senator and speaker of the senate became
absolutely vacant when Speaker Watson
| took the oath of office, was inaugurated
governor of the state, and entered upon the
exercise of that office there can be no
| doubt on a fair construction Of the several
constitutional provisions of the state of
| Delaware that his right to exercise the
| office of senator or speaker of the senate,
| or any of the functions connected Herewith
| while he continued to hold and exercise the
4 office of governor was absolutely s,lspend-
| ed.
~: The theory that Mr.. Watson can exer-
| else the office Of governor of the state and
| state senator simultaneously involves in
| Vulnerable constitutional repugnancies per-
| picking difficulties, and endless absurditfes
! while the opposite theory reconc;les and
| harmonizes all the provisions of the Della
ware constitution relating to the subject
| ul.der consideration.
| 6. That Gov. Watson's exercise Of the
office of senator in the joint assembly on
the 9th day of May, 1895. and of the office
of president of such joint assembly was IL
| legal, and his vote therein for United States
| Senator nullity.''
The committee, therefore, enunciates the
| declaration that Ion May H. 1895, the date
on which Mr.. DUPONT claims to have been
elected. the legisla tllre of the state of Della
| ware consisted of but twenty nine MEM
| bers; the re were in the joint assembly on
that date but twenty-nine members of such
| assembly, and entitled to be counted and
vote therein. As Mr.. DUPONT received fif-
| teen votes, being a majority of the whole
! number entitled to be cast in such joint as
| sembly, and majority of all the legal votes
cast therein. he was legally elected Senator
| from the state of Delaware for the full term
commencing March 4, 1895, and is entitled to
be seated
The fact that such election is not certified
! by the governor of the state. in pursuance
OF the statute on that subject. does not in
validate such election in any respect"
Touching upon the right of the Delaware
senate to pass upon the qualifica tons of its
own members the report comedies that this
rlght belongs exclusively to that body but it
Is conte2ded that this privilege does not
vest in the state senate.
ANY such exclusive right as would in
clude the Senate of the United States to
| determine by construction whether the con-
stitution of the state of Delaware does or
does not recognize a certain seat in the SEN
ate as subject to occupat ton; nor does it in
clude the power to admit members to seats
not recognized by the constitution of the
state as subject to occupation, or if subject
to occupation, to fill them in manner. or
by a person, which the state constitution
forbids.'
Applying this rule, the committee, as a
matter Of fact, finds that the Delaware
state senate never judged of the qualifica-
tons Of Governor Watson to a seat in the
Senate, either on the 9th day of May, 1885,
or at any other time subsequent to the date
of his Inauguration as governor.