The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-05-20
SEATTLE, WEDNESDAY. MAY 60


NJ psank IN the washington RspaSh-
can rsatforsn caifsss for . conststa;ionzi
smenamens changing the method Of eject
ing United States senators receives af1s-
s,onsi juztiecatssn IN shs DuPsnt case.
BY . strictly party vote. In vhsea the
Democrats ana Popullsts we're arrayed
against the Republicans. the United States
ssnsss has refuses 10 sat DUPONT a.
senator from Dsi4wara Yet the facts
seemed TO be cissriy a hs aver
Tue Delaware legislature was 80 ssenly
divided that 10 Joint sessssn The frai vote
was nst<er for Dupont snc aftsen against.
While tho Gxsiy bxllctins -az Re progress.
sks tsesdsntai struggle between rival can
Asdatn cutting no ngare Ia thu result. thu
governor esea. and Watson. the president
Of the senate. azAllh~d and became gov
ernor OF the state. While performing all
che functions Of that Office he. nevertheless.
insisted upon retaining his seat In the sen
ate and voting on the election OF senator.
without his vote IN. opposition 10 DUPONT
would have had oniy fourteen votes to
DuPonss affs<n. and hs would have been
Clearly elected senator.
Thesu d no lieutenant governor In Della
Uare. and tfe lawful successor IL the pres!-
Can't a. the senate. The question turned
entirely upon the construction Of the co.,
SITUATION ~ 10 the right Of Watson. under
the circumstances. to cast his vote. Sec
sion Of article III Of the Delaware con-
stitntion declares that mo members Of
congress. nor persons boiling any once
under the United States. or % this state.
shall exercise tho once OF governor" and
section u OF the same article declares that
mo person holding any once under this
state or the rinlted States shall. during his
sontfnaanee In offlcs. serve as senator
- representative the words being held
20 mean state senator or representative.
although they are. OF course. open. except
By an admittedly cis;otnsec association
with the contsxt to the strained eonstrpe-
sion adopted by the party majority In the
United States senate.
somewhat similar case arose 10 this
state q short tine age. The charter Of the
city Of Seattle required for specified acts
Of the council present should be cast. IL
also provided that in the absence OF tho
mayor. who was the presiding Officer with
out a vote excer. IN cass OF a tie. the coun-
ell should elect a temporary mayor and
presiding officer. On one occasion the
one Of It's members % preside. He aid not
vote. ard an ordinance which should have
all the Affirmative votes Of members pres
snt WAS passsi without hls vote. Its valid
isy was questioned. but the supreme eour,
os this state held that while performing
the functions % mayor the councilman
temporarily acting vas under the same
limitations OF power which governed ths
mayor. ana the ordinance needed only the
Affirmative vote Of the ether member
present.
Tho language Of the two governing laws
vas not the same. II Is true but the un.
DERIVING principle Vas the same A. GOV,
srnor. Watson had reviewing power ovcr
the actions OF thu legislative body. and
II was clearly the purpose that In sssum.
Ing the functions Of governor he dlsessss
himself Of those OF state senator
II was argued that a governor Of a stat.
was sometimes elected United States sen.
star. and as tn tho case Of senator Hui. OF
New York. he held the two eoncErrSntiy
but New York has ne Law saeh as tia,
of Delaware. an " was construed by ths
Democrats and pepuilsis, or Mr. HiI
mus, have resigned the oflce 81 gover-or
80 soon a. he was elected senator. Blu,
another crest difference Is that Hni. al
though elected could not qualify as sena.
tor untii congress met aud re could moi
ana cid rot &C, A. senator until that time
So soon as be could qualify for the sen.
ate he resigned the Once - governor. Tn.
material difference between the twe case.
Is that Han ala not attempt 10 exercise IN,
powers II both oriocs eoacurrentiy. where
as Watson dla
A somewhat similar case may be foun<
IN Seattle to-day. ana a member Of the leg
isiatnre Is H. much the some position al
Iitll bu, there IS re particular rrasoa 20,
raising objection unless IN the exceeasngi,
improbable even, q summons by IN,
governor q = special session.
The Delaware case was decided by mart,
interests In the Unitoa States senate: an,
affords a new ara unprecedented reasos
for different method Of electior in al
diuon 10 that Afforded by the entire ian
are OF the legislature to eltct.