The morning times., 1896-01-09
GRq0slDl0MR. DU POINT
Argument Presented Against His
Claim to a Senate Seat.
SOME LRGALPoINTs MADE
Propositions on which Each Side Is
Built-An Depends on the Right
of Man to Hold an Executive and
Legislative Office ut the Same
Time-The Contention In Detail.

The argument in opposition To the claim
| of Henry A. Da Pont To the office OF United
States Senator from Delaware was filed
with the Committee on Privileges and Eiec-
tions. 1t is the work of Messrs. james l..
waicott, John Bassett Moore and William
F. Kurtz.
1t presents a statement OF facts. consist
| ing OF description OF the formation OF the
general assembly of the State OF Delaware
and the history of the attempt 10 eject a
| Senator. This history recites the death or
Gov Marvil and the succession 10 that
office of the speaker of the senate, Mr.. W.
| 7. Watson.
The assembly of that State is composed
of thirty members. Mr.. Du Pont received
fifteen votes and claims his seat ON this
ground. For other candidates fifteen votes
We're cast, but one OF them was that Of Mr..
Watson, the governor Of the state, VINO
claimed the right to vote by reason of his
election as a senator. If Mr.. Watson had
the right to vote Mr.. Du PoDt will not be
seated; If he had not M. Du Pont is the Sena-
tor from Delaware.
MIR. DU UPONT'S CLAIMS.
The argument in opposition state that
the claims OF Mr.. Du Pont rest upon these
three propositions:
ut is q rule of the common law that
no person shall exercise two Incompatible
offices at the same time.
"Under the American system, executive
ard legislative offices are Incompatible,
and no person can exercise both simultane-
ously, without express or implied statutory
or constitutional authority.
1.-The constitution of Delaware not only
does not authorize, but expressly forbids,
the simultaneous exercise, by the same
person Of the offices of governor and
senator
The argument of the opposing counsel
is based on these propositions:
THAT there is no such rule known to the
common law, as the rule that no person
shall exercise two incompa tible offices
at the same time
THAT, under the American system,
executive and legislative offices are not
in themselves incompatible.
sfo CONSTITUTIONAL CLAIMS.
!. "That the constitution of Delaware not
only does not forbid but it expressly au-
thorizes the speaker of the senate, while
holding tnat office, to exercise the office
of governor"
The report at length argues each of
these propositions. it holds that under
the American system, executive and legis-
lative offices are not in themselves incom-
patible. 80 1t quotes many authorities in
support OF this proposition.
In speaking OF the constitutional qualifi-
cations the argument shows that 1.-THE
governor shalt be chosen by the citizens OF
, the State Another section requires him
to be at least thirty years OF age. Con-
tinuing. the argument says:
"Thcse provisions are all inapplicable to a
speaker of the senate who exercises the Of
flee of governor. A person only twenty
seven years OF age may be senator. A
senator may, as occurred in the case OF
Governor Salisbury, in 1866, be elected
governor. while exercising, as speak of
the senate the office OF governor. The
speaker of the senate does not exercise the
office of governor for a particular term. but
only until governor elected by the people
Shall be duly qualified