Evening journal., 1896-02-19
THE MINORITY REPORT
Laid Before the Senate BY
Mr.. Turpie Yesterday.
IT Is SIGNED BY FOUR DEMOCRATS

Fifteen is Not a Majority OF Thirty.
Governor watson Was oonssltutionalIv
Qualified to Sit aud Vote in the Joint
Assembly Consequently Dupont Was
Not Elected.
WASHINGTON, Feb. 10 The minority
report on the Dupont case was laid before
the Senate yesterday by Mr.. Turpie.
Dem, OF indiana IL Is signed by the
four Democratic members Of the com
mittee. They deny the legality OF the
election Of May o, 1895. under which
Henry A Dupont claims to have been
elected TO the United States Senate, the
committee assuming the position that
Mr.. Dupont was not elected by the vote
then cast. The report sets forth the
records, which, II says, show that on the
last ballot 80 votes were cast. and OF
these DUPONT received only is. which
was less than a msjority. The vote of
Governor Watson, who had boon elected
as a senator and subsequently succeeded
10 the govsrnorshlP, Is counted in the
record.
1T IL not conceived, the report says,
'how 10 can be a majority Of 80 That q
majority OF all the members Of the Leg
islAture Is necessary 60 q choice, when sll
are present and voting. We think Is
clear not only from the act Of July 25,
1855, but from the laaguage of the con
aiitutlon itself I upon this subject.
The minority contend that the vots Of
Speaker Watson was legal, for he was, a.
they claim, still q member OF the Senate,
Notwithstanding he WAS acting governor.
Having been allowed to.quallfy as ssnator
the report claims, he could only be de.
prlved OF his privilege to act as such,
though DEATH resignation, or the Senate
declaring his seat vacant. neither OF
which occurred.
The report also holds that Il was
perfectly compatible FOR Mr.. Watson to
exercise the dual ofIioss OF governor
and senator. I'VE think it clear" the
minority says, from the language OF
the constitution OF Delaware that these
two functions are expressly made com
patible and compstent BY the terms of
that instrument"
The minority holds that the question
Is not what may DO Incompatible at
coMmon law, bat what Is the statute In
any given case, as many OF the states
have statutes which are In contrayention
Of the common law The minority then
quotes from the Delaware constitution to
show that on the death OF the governor
the speaker OF the Senate does not
become governor. but only exercises the
office Of governor It does not provide
for a vacancy either as senator or as
speaker"
IL Is also claimed by the report that the
requirement of the constitution for the
election Of a speaker pro tsn., Ia case of
the speaker being called upon to fll the
duties Of governor, is proof that no per
manent vacancy was contemplated. Three
instances la the HISTORY Of Delaware are
cited to show that 1t has been the prRo
tice Of men who have filed the office Of
| governor by virtue OF being speaker OF
the Senate to return to exercise their
dutlea as senator, The report also takes
issue with the majority In regard 10
the function OF tho Delaware Senate In
passing upon the qualifications of It's
own members I'VE think, the report
aays, that the Senate Of the State Of
Delaware. whereof he was q member, Is
the sole tribunal that could either hear
or determine lawfully the objections to
the qualifications Of Senator Watson. It
would be Just as reasonable and lawful
that the state senate Of Delaware should
adjudgs and decide 4 contested seat
10 the United States Senate from that
state as that we should decide here . con.
tested seat In the Senate there.