The record-union., 1896-03-05
4 Dispute Between Republicans and
Democrats on Legal Point.
discussion May Occupy the Time of the
Senate for Weeks.
The House Spends the Biggest Portion
of Its Time in Consideration of the
Fee and Salary Amendment to the
Legislative, Executive and Judicial
Appropriation Bill.


States Senator from the State of Della.
ware Although the facts in the cast
are conceded on both sides of The
chamber, the legal point is one on which
the two political parties take opposite
views, and on that opposition hinges &
dispute which may occupy the time o,
the Senate for weeks to come
1t seems that in the Delaware join
Assembly on the 9th of May, 1895 Mr.
Dupont received fifteen votes out of g
total Of thirty cast. But as to one Of
the thirty votes it is contended on the
part of Mr. Dupont that it was illega
and void, it having been cast by Mr.
Watson, Senator who had, on the
death of the Governor succeeded tC
that office, and who could not, as claim
ed by the Republican members of the
Committee on Privileges and Elections
legally or constitutionally act as Sen
ator.
In that case the total legal vote cast
being only twenty mine Mr.. Dupont
would have received majority, and
would be entitled to seat in the Sen
ate.
The contention on the part of the
Democratic members of the committee
Is that the exercise of the duties as Gov
ernor by Mr.. Watson did not divest him
OF his rights as a State Senator, and
that at all events that was a question
to be determined by the Senate of Della
ware. and not by the Senate of the
United States.
Mitchell of Oregon, Chairman of the
Committee on Privileges and Elections
made the opening argument in favor OF
the right of Mr.. Dupont. He spoke fo1
three and a half hours, and had not con-
Guided his speech when the matter was
laid aside for the day.
The Senate disagreed to the House
substitute for the Senate concurrent
resolution as to Cuba, and a conference
with the House was requested-the Sen
ate conferrees being Senators Sher-
man (Rep) of Ohio, Morgan Dem1 OF
Alabama and Lodge (Rep.) of Massa-
chusetts, all members of the Committee
on Foreign Relations.
Sherman (Rep) of Ohio, Chairman of
the Committee on Foreign Relations.
reported back the Senate Cuban reso-
lutiOns, together with those reported by
the House as a substitute and moved
that the House substitute lie non-con-
Cured in, and that a conference be
asked with the House.
The motion was agreed to. and SEN
ators Sherman of Ohio, Morgan of Ala
bama and Lodge of Massachusetts were
appointed conferrees on the part of the
Senate. Frye (Rep.) of Maine, Chair
man of the Committee on Commerce.
reported back favorably the House bill
to amend the Act to prevent the exter-
mination Of fur-bearing animals in
Alaska, and asked that it be made the
special order for Thursday of next
week After some colloquy the order
was made
A resolution was offered by Cannon
(Rep) Of Utah, and was agreed to. di-
recting the Secretary of the Interior to
inform the Senate for what reason the
agricultural and unallotted lands
of the Uncompahgre Indians have not
been declared open to settlement, and
at what time they will be open to entry
and location
The resolution offered yesterday bv
Allen Pop) of Nebraska, declaring
United States bonds and legal tender
notes redeemable in gold and silver
coin was laid before the Senate. but in
the absence of Teller (Rep.) of Colorado
who desired to address the Senate upon
it, the resolution went over without ac-
stion.
The House bill regulating proof of
death in certain pension cases was
taken up and passed.
The Dupont contested election case
from the State of Delaware was taken
up for consideration.
Mitchell CRep) of Oregon. Chairman
OF the Committee on Privileges and
Elections, addressed the Senate in sup
port of the resolution of the majority
report In the course of his argument
Mitchell asserted that in the ten cases
wherein the President of the Senate or
the Speaker of the House had succeeded
TO the Governorship of Delaware in the
last 104 years. not one of them had
taken any part whatever, while he ex-
ereised the office of Governor, in pro-
ceedings in the Senate or House of Rep
resentatives, with the single, solitary
exception of the present Governor,
Watson, and he had done so only for a
portion of one day, and for a single pur-
pose, the defeating of the election of a
United States Senator.
Without concluding his argument.
Mitchell yielded the floor at t 20 O'Clock.
having occupied it for three and a half
hours Mitchell viii continue his speech
tomorrow.
A resolution was offered by Wolcott
Rep) of Colorado and agreed to. in
structing the Committee on Privileges
and Elections to investigate and report
to what extent. if any, the salary ac-
counts of Senators should be credited
with amounts that have accumulated
during former vacancies.
The calendar was then taken up and
the following bills were passed: Sen
ate bill appropriating $4,000 each for
public buildings in Hastings and Nor
folk. Neb.; Senate bill granting PEN
sion of S75 a month to the widow of ex-
Senator Spencer of Alabama, as Brig
adier-General; Senate bill for the relief
of st. Charles College, Missouri, for
use. occupation and damages by United
States troops during the civil war;
House bill approving certain Acts OF
the Legislative Assembly of the Ter
ritory of New Mexico, authorizing the
issue of coin bonds of that Territory;
House bill to recognize the customs col
lection district of Alaska; Senate bill
for the relief of J. NJ. Billings Post
master at Santa Clara, Cal, for money
and stamps stolen.
The Senate then, at O'Clock, ad-
journed until tomorrow.