Evening journal., 1896-01-09
An Tdsnl Lernl pocnm. bad

An Ideal Legal Document.
The argument prspsrod BY ex Chan
oellor James L Woo,tt. Professor John
Baeeett Moore and William T. Krrtz 10
opposition to Colonel Henry DuPont's
claim to tho cffi,e OF United States Sana
tor for the State Of Delaware, Is an ideal
legal document, aud one which viii
commend itself to the understanding OF
all reasonable men. I. is exhaustive
sound and convincing and earn ,t does I ct
bear great weight, even II it falls TO
accomplish the end for which Il was
designed.
The men who framed Il have met
Coloael DnPont's lawyers upon ground
of their own selection. and calmly. de
iiberately and firmly, have pushed them
back, inch by inch, until they have no
legal ground upon which to stand Their
only hope now Is that the contest will
not be decided upon It's merits as a legal
question involving ooustructlon OF q
most Important provision OF our state
constitution. bot that it will resolve
isselt into partisan matter aud the ead
be accomplished by that unholy sll-
anos which now dominates the Com
mlttee on Privileges and Elections ani
the United States Senate issslf Thai Is
where they pin their faith, and lt will
not ba long before ws shall know how
well that faith was AZ, uaded
The lawyers who framed the arsu-
msnt in opposition 70 the seating Of
Colonel Dupont drive tao nail home
when they declare that undsr the
American system, executive aud legis-
iatlvs Off ses are MT in themselves In
compatible, and that Ga defense Of
Governor Watsons action In voting as
state senatoD the constitution Of our
state not only does not forbid, but
expressly authorizes the spaaker OF the
state senate. while holding that office
to exercise the oitica OF governor
They show tbs utter fAllRoy OF the
threa principal proposl ions OF the
lawyers for the complainant. which are
that It Is rule OF Common Law that no
person shall exercise two incompatible
offices a. the same time; that uIder the
American uystem. executive and leglsla-
tive rfli ,es are Incompatible. and no person
can exercise both simultaneously, with
ont express or implied statutory or con.
stltutional authority aud tha. the con-
stituii0n Of this state not only does not
authorize. bat expressly tofblds the
simultaneous exercise. BY the same
person, Of the otlces OF governor and
senator
Msssr' Woloott N iore and Kuylz
have done a commendable piece OF work
Their arsunen. is irrsfnsahls b. cjuuter
argument. bat not prcof agGinst partisan 1
bias Their cita ions OF authority besr
them out AMI CO f,usd thslr adysrssrios
at every inrn
There Is an honest convic'l1n on the /
part Of rome O, the lawyers who h ,ve |
bsen engaged in the drAftiag Of the
argument In opposition. that tho csse
Will Be decided on its legal merits We
trust that they nay not be mistaken. but
fear thai they viii b.
When party aivsatags Is A. stake
Repu 5lis.as stop at nothing. Look /
back ct tbs Tiiden episode. when they
stole the presidency. With such a
precedent it would be but psity larceny
for them - seal a United States sena-
tor. sll senator Mitshsll aud bis
colleagues are entitled to the bsreGt Of
the doub. until they prove themselves
unworthy Of h.
Mr.. Watson was made state senator by /
The will Of the people Of Kent county,
and they were entitled to his vote. he
was made governor b. dlspsDsa.ion OF
Providence aud the constitution OF our
state, and bad perfect right 10 exercise
his constitutional functions. No other
oopclnsion Is rational such bsing the
csse. the vote OF 10 20 Is will stand with
The people Of DsisEare no matter how
the facts and fsuFes are iagglsd by the
Uaited States Senate.