Evening journal., 1896-01-20
FILED THEIR REPLY.
What Counsel for Colonel Du-
Pont Have to Say In Answer to
GOOD DEMOCRATIC ARGUMENT
They Assert That Govornor watson'a
Functions as Senator BscaIns Suspended
as Soon ~ He Began The Exercise Of
Executive Observation-Disclosures aud
Oounter-Amdavlts Regarding the Lsst
Days session.


Edwsrd g Bradford, OK Senator An
thouy Higgins aud Halbsrt L Paine.
counsel for Colsnsl Henry A. DuPont In
his contest fer a Hsat In the United States
senate, have hlsd an answer 10 the ArKu
msnt Of the opposing counsel with the
Senate Committee on Privileges and
Elections. IL Is In Pamphlet fern and
sewers seventy pages. being, In the main,
a reiterAtion OF their former argument
going to meat the proposition Of opposing
counsel.
Ex Chancellor Wolcott, Professor John
d. Msore and William II Kurtz set forth
In their argument that, on the morning
Of MAY between IL and 10 o'clock
while the State Senate was perfoI min Z
It's ordinary Legislative functions. Speaker
Wstsen resumed the speakers chair
whish Was then vacated Aby william T.
Records, speaker pro tenn, aud that ha put
motions aud voted on several questions
before the Senate went into i3int
meeting at neon. IL the Senate OF
Delaware had passed upsn bis qualldea
tiona the Senate Of the United States had
no light 10 pass upon those qualifications.
In support OF the statement the AtkdavitE
of Sss ators Handy and Records, Clerk Of
the Senate Charles A Hastings, ex-Clerk
cf tho Senate Edward d Hcsrn and ex.
Congressman John B Pennington were
presented
The osuntsr propositions embodied In
the reply OF Colonel DsPonts counsel are
as follOwa.
Flat-That the funstlons Of senator
are suEpendsd while no Is sxsrolslng the
efiice OF EsVarnor.
sssond-ThAt the Senate Of the State
OF Delaware neither actuAlly or con-
struolivsly passed on the qualifications
Of Mr. Watson as q mem Der Of that
body on the eth day ~ Nay after be
began to exercise tho sfioe OF governor.
la support Of tho laster proposition
they present tho alhdavlta Of Ssuators
Alriou and Moore, and Clerk Of the House
Edgar T. Hastings that Speaker Watson
did not perfora ais legislative fuhciisns
IN the Senate prior 10 the nesting Of the
olnt assembly.
Counsel fer Mr.. Dupont 10 their reply
alio smphsszs their fsrmsr osntsntion
aud atill claim that proper .interFretA-
tion Of the constitution abso
lusoly vacAtss the Office OF ssnA
tor when the speaker OF the
Senate exercises tho cifico OF governor,
aud that those speakers who thus sxsr-
ssed the Office OF governor and returned
to the Senate, wsrs nsrely permitted
to do 40 by the Senate They
also euphaslza the point that
no speaker Of the Senate whllo exsrcis
ing The office OF governor, ever actively
participated In Tao proceedings Of the
senate while performing executive func-
tions and AZ one Of the strongest points
going 10 show that the speaker
under those circumstances Was
suspended from his senatorial functions,
they state asa fact that from the adop.
tion OF the constitutlon-o OF 1892 down to
the present moment no governor
Of the State OF Delaware who
became such by virtue Of
Section IA OF Article Ill, has ever
claimed or been allowed a ralary as
spsak ksr Of the Senate or OF the House Of
Representatives. fer sny portion OF the
psrisd during whieh be continued In the
Office Of governor.